Evening star., 1937-03-10

NJ saying tQAI some members OF the
judicial body have Jagged behind in
their understanding Of these great and
vital changes In the body polite,
whose minds have never been open
to the new applications OF the old
principles made necessary by the new
conditions"
Crisis Held Judicial.
Many people have been misled In
believing the Constitution Is at fault"
the Attorney General continued. I'VE
are facing not a constitutional but q
judicial crisis"
He said that such crises have oc-
CURED before and have been received
in various ways.
Cummings next took up the matter
OF a possible constitutional amend
ment urged by some to meet condi-
tions in the country.
TO this there are definite answers. -
he said.
First, no amendment is required
because the proposal is clearly con-
stitutional. What is really sought by
some Is a referendum, not to the
whole people, but to part of the people
Of only 13 States.
Second, the phraseology Of any
proposed amendment would be the
subject Of endless debate and once
submitted might suffer the fate of
the child-labor amendment which has
been pending for 13 years.
Third, any amendment must. If
adopted, be construed and applied by
the same judges who have brought
us to our present pass. In the words
OF Thomas Jefferson, the ATTEMPT to
make the law palmer by amendment
Is only throwing out new amendments
ior sophistry.' All that is required
is an enlightened Interpretation Of the
Constitution.
Would Accept 81 Rulings.
Discussing the point raised by Sen
ators Borah and O'Mahoney in ques-
tionlng him at the conclusion of his
statement, the Attorney General point
ed out he had objected to split deci-
slons only when an act of Congress
is declared invalid Should a revamped
court threw out New Deal measure
by an 8-to-7 vote, Cummings added
we would accept that decision as we
have always done"
Borah then asked if that wouldn't
put us right back where we started u
Not ii we selected new justices who
mold liberal views of the meaning of
the Constitution" Cummings replied
Senator King, Democrat, of Utah
another opponent of the plan, inter
rupted to ask: Then your proposal
pustulates appointment of judges in
sympathy with your views?"
Cummings started to explain it was
not question Of his views when Sena-
tor Borah somewhat heatedly de-
manded:
But how are wo to choose such
judges? How will we know in advance
that they entertain these liberal
vieWs?"
We will have to take some chances "
Cummings replied.
Borah then asked whether the bill
proposed to ban divided opinions, and
cummings answered that "the better
opinion is that Congress does not have
constitutional power to fix any nu-
merlcal majority necessary to invau-
date law.
Norris States Dissent.
1hlS response drew the following
statement from Senator Norris, inde-
pendent, of Nebraska. another COM
mlttee member who has not yet taken
definite position on the reorganiza-
tion proposal:
i don't want to enter into this
controversy but I do want to state
my most emphatic dissent to that
IDEA. If what you say is true, We are
then reduced-if we follow a legisla- :
tive remedy-to the, Presidents plan. +"
senator O'Mahoney earlier had asked
the Attorney General If there was
any reason why Constitutional
amendment compelling a two-thirds
decision OF the Supreme Court to de-
clare a law unconstitutional should
not be adopted.
The Attorney General replied.
If you ask if l have anv obiec-
tons based on principle, I say none
But any such amendment would be
quite apart from the present bill"
You don't quarrel with the amend
meAt suggest" said OMahonev
l don't quarrel with ANYBODY" shot
oack the Attorney. General with a
smile.
Suggests AZ Conventions.
oMahoney asked If it would not
be possible to get ~ State legislatures
TO call constitutional conventions i'm
mediately to pass on an amendment
such as he suggested.
/ doubt it would be practical" re-
Piled Cummings.
Don't you think it worth while to
make the attempt" asked O'Mahonev
l don't care" laughed the At
torney General, "as long as we pass
the Presidents bill"
AT this point Senator Dietrich OF
Illinois objected strenuously to the
line Of questioning.
I do not think it will helm" said
Dietrich, ito start after many differ.
ent purposes. We are met here tc
learn what we can Of crowded dockets
and the need to add to the court
Ihe question Of the attitude of Judges
who are yet to be appointed no one
can answer. The Attorney General has
told us of many measures of i'm
portance the Supreme Court has not
mad time to consider properly.
When the rumpus over this line O,
questioning quieted down, Senate,
Borah wanted to know if the Language
OF the bill did not really do away with
the Supreme Court because it failed tc
specify the exact number of members
but allowed for a shifting number
Cummings replied that if necessary the
bill could be amended, though he die
not think that difficulty existed.
Austin Takes Up Quiz.
Senator Austin of Vermont mex,
took up the questioning.
You say it takes too much time te
ratlfy an amendment to the Consti.
tution," he said. When the people