Evening star., 1937-02-06
CONGRESS DELAY
URGED BY HOOVER
President Attempting to
Change Constitution, Says
Former President.
BY tie Associated Press.

BY tie Associated Sless.
NEW YORK, February 6.-Herbert
Hoover today viewed President Roose-
velt's proposals to alter the Supreme
Court as having 1.-The implication OF
subordination of the court to the per-
sonal power of the executive"
The former President said the pro-
posals represented an attempt to make
changes in the Constitution by" pack
ing the Supreme Court" and he ex-
pressed hope the Congress would "de-
lay action until the people have had
ample time to formulate their views
upon it,
Stripped OF subsidiary matters,
some Of which are admirable" Mr..
Hoover said in formal statement,
the Presidents action amounts to
this:
THE Supreme Court has proved
many of the New Deal proposals as
unconstitutional. Instead Of the ample
alternatives of the Constitution by
which these proposals could be sub
mitted to the people through s1nsti-
tutional amendment, it is now pro-
posed to make changes by packing
the Supreme Court.
Transcends Partisanship.
ut has the implication OF Subordi-
nation Of the court to the personal
power of the executive. Because all
this reaches to the very depth Of our
form of government, it far transcends
any questions of partisanship
The Congress should delay action
until the people have had ample time
to formulate their views on it. In the
long sweep. of the Republic a few
months are not too much in which to
consider a vital change in the re-
peated judgments of the American
people over $50 years.
That judgment always has been
that their liberties have depended
greatly on the independence of the
court and that they themselves should
determine changes in the Constitu-
ton"
President Roosevelt's recommended
tions for a reorganization of the
Federal judiciary caused a furry of
excitement in New York politico-
legal circles.
Frank P. Walsh. speaking for him.
Self and not as provisional president
OF the newly organized National Law
yers' Guild, said he was unaware of
any justifiable reason" for increasing
the numter of United States Supreme
Court justices and therefore was "un-
qualifedly opposed" to any such ac-
ton. Walsh, who was Mr. Roose-
velt's State power authority chairman
when the latter was Governor, ex-
pressed unreserved approval of the
four proposals dealing with the lower
courts.
Morris L. Ernst, liberal lawyer and
author Of THE Ultimate Power" an
analysis Of the Constitution, said the
Presidents message was no solution at
all. 1T is only temporary relief and
it is not in the direction of democ-
racy," he said. What we ought to do
is follow the advice OF Madison and
Marshall and give Congress the power
to override the Supreme Court by a
tWo-thirds vote"
Rlgldlty OF Court Hit.
Mrs. Elinor NJ. Herrick, regional di-
rector of the National Labor Relations
Board, called the Presidents sugges-
tions frontal attack on the rigidity
of the Supreme Court" She said
THE present system of appointments
and life tenure of the Supreme Court
has fastened upon the Government
ideas and PHILOSOPHERS which were dis
carded by the electorate years ago."
Young B. Smith, dean Of the Co.
lumbia University Law School, said he
regarded the suggestion for an en-
larged Supreme Court as mot only
unfortunate but dangerous"
DR.. Felix Frankfurter of Harvard
Law School, for years an unofficial
adviser to President Roosevelt, said
he could not, in his present position,
comment on the Presidents message
to Congress asking reorganization of
the judiciary. 1T is absolutely
against my policy" he added, ito
comment publicly on such things"
George r. Farnum of Boston, former
Assistant United States Attorney Gen.
eral, in discussing the history of the
Supreme Court, asserted "the judiciary
must ever be the conservative organ
IN orthodox American democracy"
Speaking at the annual meeting of
the New Hampshire Bar Association,
he asserted confidence in the Su-
preme Court is one of, the corner
stones of the American political sys-
tenn"
When the years that the locust
hath eaten shall be returned to the
people" Farnum said, "and better
days shall have returned to the Ma
ton. the court will be found to have
retained, largely unimpaired, the re-
spect and confidence of the country"
Silas H. Strawn, Chicago attorney
and former president of the American
Bar Association, said:
If the President proposes to pack
the Supreme Court because the ma
jority do not think his social and
economic program consistent with the
Constitution, why should not every
succeeding President exercise the same
right, which means creation of polit-
1cal rather than a judicial body and
the destruction of our form of Govern
ment as conceived by the founders.
Federal judges who have attained
the age of 10 years may resign, but
the President has no power to remove
or replace them unless they are unable
to: discharge efficiently the duties of
their ONCE by reason of mental or
physical disability Of . permanent
character.
Many Of our judges who are past
10 are regarded as the most efficient
members of our courts. The proposal
impresses me as short cut to die
tatorship and don't believe the people
will stand for it."
Chester w. Cuthell, corporation
lawyer, who was President Of the Co.
lumbia University Law School Glass
of 1907, of which Franklin Delano