Evening star., 1937-02-02
Court Issue Lighted Up
Head.On Crash Appears Unlikely at Moment as
Invalidated Acts Get Revamping

day that Senator Minton went there
to get the Presidents Endorsement Of
bill which would prohibit the Su-
Congress unconstitutional unless seven
Of the nine justices vote to do so.
Senator Minton did not get the in
dorsement he sought, it was definitely
stated. Instead he was advised that
the Attorney General was studying
methods Of adapting invalidated acts
to the Supreme Courts opinions and
was informed that it would probably
be a good idea If he and the Attorney
General would come to the White
House some time and go. over those
studies. 1t was made clear that the
White House was not giving any en-
couragement to individual legislators
to seek action against the Supreme
Court until it has had time to ad-
just iself to the popular will. as Presi-
dent Roosevelt indicated he hoped 1t
would in his annual message to Con-
gress. 1t was said that there was no
indication of any legislation at this
time to curb the powers Of the Su-
preme Court, and that the Attorney
Generals studies did not involve such
legislation"
Now what can be inferred from the
the President is not planning any
limitation on the Supreme Court.
Second, he is not planning any amend
ment to the Constitution-we know
that from his direct statement in his
message to Congress.
A Cleaning Light.
What, then, Is the President PLAN
ming? On that question there is light
in one passage from the White House
disavowal: The Attorney General was
studying methods of adapting invaH-
dated acts to the Supreme Court opin-
ions" This is an important statement.
There is other evidence to support it.
That is the real meat OF this whole
situation. The President Is pursuing
his objectives-but he is pursuing them
by rewriting the legislation and other
wise following a course which Is with
in the Constitution and which takes
account of the courts objections-in
the White House phrase. adapting
invalidated acts to the Supreme Court
opinions"
But there is. in last weeks incident,
further inference about the PreSi-
dents attitude. He is not planning
any legislation about the court nor any
amendment to the Constitution-but
he is willing to see others plan such
proposals and agitate about them.
Quite possibly he may show sympathy
to the propoSers. The more of that
sort of thing, the more the Supreme
Court is likely to observe public pres
sure for modified Interpretation of
the Constitution. Mr.. Roosevelt is 60
ing to modify his measures-but he
wants the court to do little modify
ing. too. ito adjust itself to the popu-
lar will"
Also by the tactics OF showing him.
self sympathetic toward such proposals
and their proposers, Mr.. Roosevelt
maintains his hold on the more radi-
cal thought of the country With his
right hand he modifies his measures
to conform to the Constitution-bu
with his left hand he keeps hold on
his popular support.
However, this attitude of Mr.. Roose-
welt, like any attitude of his, Is sub
ject to change, change without notice.
His early description Of one Of his
policies as for "a hours only. applies to
his whole course. His description OF
himself as quarterback who changes
the play in accordance with momen-
tary developments, was q true express
sion Of his temperament. The most
permanent thing about Mr. Roosevelt
as q politician is his impermanence.
And one Of the most penetrating in
sights into Mr.. Roosevelt's personality
was Dorothy Thompson's remark about
the Presidents barometric and volatile
trait: He has an almost seismo-
graphic sensibility to tendencies Of
thought, and more Importantly to