Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-03-11
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Possible Compromises?

Senator OMahoney of Wyoming
is introducing today proposed amend
ment to the Constitution under which
no Federal court could hold a law of
congress or of State Legislature un-
constitutional by less than a two-thirds
opinion. That would include the
supreme Court of the United States
Although Senator OMahcney has not
said he is offering his amendment as a
substitute for or as compromise"
for President Roosevelt's bill to in
crease the membership of the Supreme
Court, 1t could easily become one or
both. For there is not the slightest
doubt that such proposed amendment
would Immediately command more
strength in the Senate and in the
House than does the Presidents bill to
pack" the court.
The Wyoming Senator is member OF
the Senate Judiciary Committee, which
now has before it the Presidents bill.
He is and has been strong supporter
of the New Deal administration. And
yet he Is convinced that through the
adoption of constitutional amendment
such as he proposes, a permanent cure
OF 5-to-4 decisions, or hairline opinions,
when one member of the court deter
mines the fate of law, would be had.
AS Senator OMahoney sees it, along
with many others, to pack the court now
is only a temporary measure, which
would lead later to further packing.
Such packing can only destroy the indie
pendence and usefulness of the highest
tribunal in the country.
The President and Attorney General
Cummings, who elaborated with the
President in drafting the court bill and
in working out the plan whereby new
and additional justice of the Supreme
Court is to be appointed whenever one of
the justices shall have become seventy and
one-half years of age continually harp
upon the need of speed. They insist over
and over again that constitutional
amendment cannot be submitted to the
States by Congress and ratified by the
States in short enough time to save the
country in the crisis" which the Presi-
dent declares to exist They might at
least try it out.
Indeed, Senator OMahoney urged
Attorney General Cummings at yester-
days hearing on the Presidents bill to
join him in pressing for such an amend
ment to the Constitution while the
Presidents bill was being considered in
the Senate and House. There are today
forty-tWo State Legislatures in session,
and others might be called into session, if
necessary, in order to obtain quick action
on such an amendment.
The President and his chief adviser,
however, continue so far to turn deaf
ears to such suggestions as that offered
by OMahoney. The Presidents bill has
become--to them-a sine Qua non.
Whether it is pride of authorship, or
whether it is profound conviction that
the bill offers the only sure way to
obtain the kind of legislation they desire
Is immaterial. They are adamant-so
far. The Wyoming Senator has called
attention to a fact, however, that may
In the end effect different attitude on
the part of the President and his Attorney
General. The supporters of the Presi-
dent, the men who have fought for and
with him in 1882 and in 1896 and in ali
the intervening period fought for his
election and for his program, are be-
coming fiercely divided over the plan
to pack the court. Liberals like Wheeler
OF Montana and Johnson of California,
are among the most bitter critics of the
President in this matter How far this
division can go without imperiling the
entire program Of the administration is
what OMahoney wants to know. There
are other Democrats-and among them
administration leaders-on Capitol Hill
who would like to know the same thing.