davidaulloa/AmericanStories huggingface dataset:
Evening star., 1937-03-09
Inequality Before the Law
Putting Judges on Basis Of Bias Seen as Loss in
Centuries-Old Struggle,

Among other ways, it was provided
that Federal judges should hold ONCE
for life, and be not removable except
for cause and by process Of impeach.
ment.
Now let us turn to Mr.. Roosevelt's
present action. Why Il he irritated
against the Supreme Court? His
grievance Is this: That In several
cases the Supreme Court has decided
against the Government. The Presi.
dent wanted to dismiss, and did dis
miss, q member Of the Federal Trade
Commission-andt the Supreme Court,
by q unanimous decision, declared the
Presidents act illegal. The Presi-
dent, with his associates, wrote and
promulgated N. r. A.-and the court.
by a unanimous decision, said 1t was
unconstitutional. In some other mat
ters the court, by varying majority
6 to 8, 5 to 4. 8 to 1-decided against
the Government.
Because the court decided against
the President, what does the Presi-
dent propose? He proposes an action
OCol6lCO w IlldhC LllC SOulb OklC WlA4Il
will decide in favor of the Govern
ment. He proposes to so change the
personnel OF the court that it will give
the decisions he desires.
If this proposal succeeds, if the Su-
preme bench is turned into a court
which under these circumstances will
find in favor OF the Government, then
there will have been wrought a de-
struction Of the independence Of the
judiciary. The destruction will be so
far-reaching that every one will know
that before the courts the citizen is
no longer equal with the Government.
1t is said that the change would
not be permanent. It Is said that the
new justices appointed by the Presi.
dent would decide in favor Of the Gov
ernment with respect only to the
specific measures which the Presi-
dent has said he wants, N. r. A.,
Triple-A, and the others. 1t Is said
that thereafter the new justices would
feel and share the tradition OF in
dependence that the Supreme Court
has had for nearly $50 years. But to
this there are several answers.
Has Edge on Future.
In the first place, the President
must appoint his new justices not
merely with a view to their deciding
in favor of the Government with re-
spect to N. r. A., Triple-A and the
other measures the President has
mentioned. The President must ap-
point his new justices with a view
to future measures. We can safely
surmise that it is the future measures
that the President, consciously or un-
consciously, has most in mind. The
past measures that the Supreme Court
has invalidated, N. r. A., Triple-A
and the others. do not by their abb
sence. seriously inconvenience Mr..
Roosevelt. The administration and the
country are doing very we'll without
them.
Moreover. even If the new justices
were disposed, after period of defer
ence to the President. to become again
Independent, it would be difficult for
them to do SO. The country would
not quickly reacquire confidence in
the independence of the court. The
new judges would be spoken Of as
the PRESIDENTS judges"
And, finally, the form of society
which the New Deal contemplates can
not exist alongside an independent
judiciary. For the functioning Of
Evening star., 1937-03-09

objections while other purposes were being accomplished
N A. consumers division was estapSneo
that dropped peense OF being
President Roosevelt anticipated such objec-
on being last campaign and sent CO.
operative mission Europe That the last ever heard OF omcay
months without
They secretly made divided report but week or so
had and did not know
it.
that the the old to the whole
problem The farmer that Federal financing
would cut prices and they helped to smother
fundamental difficulty lie that the consumers are
the powerful and
politically
make current mistake of believing the steel
corporations The and the
automobile probably the biggest steel customers The
collected from all who buy Every
price Of his
assembly likely his
a forceful
opp Nearly everyone who around
will that privately not
Evening star., 1937-03-09

citizen Is subject to it. When 1t hap
pens the citizen knows that before the
court he stands equal with the Gov
ernment. The court feels no obliga.
ton to decide in favor of the Govern
ment There have been complaints
against all courts, but none ever said
that q court had q fixed bias in favor
Of the Government. There have been
severe judges so-called "convicting
judges" but no one ever charged that
their severity was due to any sense
of obligation to do what the Govern
ment demands.
This independence of the judiciary,
this safeguard against oppression by
government, Is the most precious pos
session OF man. Because We have
| long had it we have come to take it
for granted. No American Is able to
conceive Q court as being anything
different. He cannot conceive court
| as being what courts are in Russia,
Germany and Italy-mere agencies OF
the government carrying out the will
OF government. never dreaming OF do
ulS dtlytIllIl IIlC government oOcS IlOl
desire.
Thousands Died for II.
So long have We in America felt
secure in this possession of An inde-
pendent judiciary that today We think
it Is like the air We breathe, some
thing conferred upon us without effort
on our part.
Without effort by this generation
true enough. But we have forgotten
that to achieve it took effort upon the
part OF scores Of generations. It took
over six centuries. 1t took wars and
bloodshed and many martyrdoms. Vic
tory was first achieved in England. II
had been won there before America
wrote its Constitution. But it had
been so recently won that the writers
of our Constitution knew how impor-
tant 1t was. They wanted America to
be q country in which the question
should never arise. So they wrote the
Constitution in such q way as to as-
sure the independence Of the courts
and the protection of the citizens
rights by the courts. These assurances
are specified in several parts Of the
Constitution and implicit in all Of It.
Evening star., 1937-03-09

In the second place. it not phat
probably gue pouer
adopt blanket rules for regulation OF youths under 1S In
longer known here strictly the "chd labor" amendment
but as the National Youth amendment"
naturally fearful constitutions
berized and stretched to the limit Of imsginations.
shall have
prohibit
the several States unmpad this article the
operation State laws shall be suspended the
legislation enacted by Congress"
in
possibility the
education
thinking solely children working textile mills chiefly South
a matter of local concern.
which changed 1924 only
this country attesed by the that
just for roads.
Evening star., 1937-03-09

correspondence in those days. Having
cost the Government in the 183os
$45,000 to purchase these priceless
papers Of George Corbin Washington
granddaughter Of George DR.. Fitz-
patrick says a few now would bring
$50,000 If sold to collectors.
One of those rare BIRDS" who was
born and has lived all his life within
few blocks Of the Capitol dome, DR..
Fitzpatrick describes himself. He is
sanguine complexioned, alert, respon-
sive and a walking text book Of in
formation on George Washington.
Constant deciphering Of old letters
has not dimmed his merry brown
eyes, nor bent his erect carriage. The
contact has produced humorous dis.
position, and many interesting COM
parsons to present-day conditions. His
education was in Washington schools,
and later he entered newspaper work
under ]. e. jerks of the old Army and
Navy Register. He was at the Library
Of Congress when it was opened TO the
public in 1898. The Library, he said.
"dS uIllNcIoIty. 11lc WOIA, W1AI-
ings and research soon attracted an
L. H. D. from George Washington
University, and Lift. D. from Wash.
ington and Lee University. His pres.
ent concern is the editing and COM
pilation of the new Government issue
of Washington's writings in Is vol
umes. Fourteen are finished. This
covers only the Revolutionary War.
George Washington's high and
delicate sense Of honor, and uncom-
mon sense" impress DR.. Fitzpatrick
constantly, he says.
"A few quotations from Washing
tons letters will demonstrate this"
he says. In 1885. Washington wrote
of the unrest then prevalent, Some Of
the States. having been misled. ran
riot for awhile. but they are recover
ing q proper tone again, and have
no doubt but that our Federal Consti-
tuition will obtain consistency and
firmness every day Speaking Of post
war tumults and the suggestion that
he exert his influence to suppress
them, Washington wrote, Influence IS
no government. Let us have one by
which our lives, liberties, and prop
critics will be secured, or let us know
the worst at once.
Evening star., 1937-03-09

dependent decisions. to hold the bal
ance even between the citizen anC the
Government, If the cases on appeal
were to be always decided in favor Of
the Government. The tradition Of an
independent judiciary, the whole mo-
rale Of all courts. would in time dis
appear. America would become a
country in which the citizen would
60 into court knowing that the de-
cision was predetermined against him.
(Copyright. 1877
Evening star., 1937-03-09

day. Many . reform In the dim hope
that perhaps of those vacancies will his might lose interest
somebody obvious qualifications
Nevertheless uhen the President the air to discuss the
epening, many OF his
supporters Woud like him indication of his ideas
these subjects
What need only kind Of Supreme Court but
kind Court justice packing Of the judiciary won't
excelsior
cracked transit during the
decades Mr. Roosevelt will only tell "who figure out the
how since already know the why of his reforms
Evening star., 1937-03-09

such . society 1t Is necessary that
the courts be institutions which f1nd
in favor of the Government and aid
the Government to carry out its will.
II it were the Supreme Court alone
that loses its independence. that
would be dreadful enough. But the
independence Of the lower Federal
courts, and Of the state courts, de-
pends upon the independence Of the
Supreme Court. It would be Of little
use for the lower courts to make in
Evening star., 1937-03-09

phase in which
the very essen
tials Of civiliza-
ton must be re-
taught for the
benefit of q gen.
Grafton that has
not had to give
thought to them.
Once in so Oft
en- q citizen finds
h l self sum.
moned into court
in a litigation in
which the Gov
eminent Is the
other party. At
all times everv
Evening star., 1937-03-09
We, the People
Public Awaits Roosevelt's Revelation of Sort of
Justices to Be Named.
BY Jay FRANKLIN.

TIME reoganize
ignored the fact that there
entirely separate quesonboth calculated to aroe the
i In awyers-nvolved in his program
opened mouths raised blood
Manhattan to San Francsco-s the plan to enlarge
the Federal
procedure
conservatives object
OF
judicial green lights
his intention appoint,
John W. Davis Newton Smoo johnson
political ONCE would fall nat.
the Republican custom appoint
Supreme Court and Roosevelt
Evening star., 1937-03-09

JOnn y e m e n I
Fitzpatrick. his
torian and ar
C chivist, Is in
charge. It Is q
charge that COW
ers guardianship
Of 400 enormous
volumes, contain
ing m ost of
w ashin ng tons
original letters,
personal and pri-
vate, and their
answers. States
men were prone
A. -
Evening star., 1937-03-09

Q parallel Sltua-
ton.
B efore the
court Is a series
Of seven la W
suits, all touching
on the right Of
Congress to enact
q law taking Ger
tain rights Of
citizens hitherto
believed to have
been free from
congressional in
reference. All
seven cases grew
out Of the pas
"a po hy Congress
Evening star., 1937-03-09
News Behind the News
Politicians Realize That Consumer Has No Protec-
ton as Labor Prices Rise.
BY PAUL MALLON.

better enemies
but politician It Is therefore highly sig
nfcan that the thinkers the order have agreed privately
- their inability
anything
The walking apparent Agriculture Secretary Wallace Dir
beating
and his associates being not
What Mr. Wallace to the 0ing uaH apparently the
sne h Which steel passed along its hours and
tribute to the workers John L. Lewis
almost inside here that automobiles
must the thing that other industries will have follow and that
upward swing of the pendulum of prices
Whether anything than beating will be attempted in his
Evening star., 1937-03-09

publicly.
In the first place. the trainers
forgot to put time limit on ratifl-
cation. As a result. the amendment
has been rejected by 38 states (two
more than three-fourths of all the
States of the Union) and yet is
still pending. The action of one
State legislature is not binding
upon its successor. Kansas, for
instance, rejected ratification five
times before adnntinp II.
Evening star., 1937-03-09

those on the bench Many the New Deal side the would with
draw their support from the proposal believed
contemplated appointing political old-tns
the deserving
lower orders OF the judiciary We tried that Wilson
appointed his Attorney General the present Justice Meynod
Supreme Court
Mr.. McReynolds had q reputation a busting
Democrat before he settled the mighty Today
stands the nnchng foe Of New
before the court One Of correspondents claims Of
pa-muu analysis Justice McReynods
the odds are greater than 7seo against this particular r render
ing impartial decision.
the other liberals
the
later columns In general their fall under heads believe
Deal attornste Fankurr legal "ho dogs" congressional
oraothe who carried the ball for Roosevelt drafting
preparing the briefs and
appointed
Evening star., 1937-03-09

tical to do, except to argue that
both capital and labor are con-
sumers, but this does not seem to
have been a very effective argu-
ment with the white-collared mid
die classes.
X X X X
A few stabS have been made
at doing something" for con-
sumers now and then, but they
generally have been pacifying
moves to keep down consumer
Evening star., 1937-03-09

HE opinions OF the Drtters this page their not
necessarily The Stars Such opinions presented
The Stars effort to gue all sides of questions interest to It's
readers although such opinions may be contradictory among
themselves and directly opposed to The Stars.
Evening star., 1937-03-09
History Now
Being Made
by Court
Labor Relations Cases
Being Decided Under
Personal Attack.

BY DAVID LAWRENCE.
~ EHIND closed doors in the
x secrecy of the conference room
Of the Supreme Court, nobody
~ but the nine justices knows
what's going on, but it Is a safe as
sumption that never in the history
Of the United States has there been
Evening star., 1937-03-09
An American
You Should
Know
DR.. Fitzpatrick Is
Library Authority on
George Washington.
BY DELLA PYNCHON.

BY DELLA PYNCHON.
THE early history Of our country
has had a sudden renaissance.
What George Washington,
L Thomas Jefferson and the
early fathers said Of democracy and
the Constitution Is the framework
upon which many an argument rests
It's case today.
Complete memorabilia on Washing
ton is concentrated in the Manuscript
Division. Library of Congress. DR..
Evening star., 1937-03-09
BY MARK SULLIVAN.

Z NJ q z II n 7 y OENh 1OT
BURKE Of Nebraska, in his
radio speech, called the Pres
- idents court proposal "the
greatest disservice ever done to the
cause of democracy" The statement
is strong, but justified. Perhaps If
differently phrased, the truth in 1t
might be more readily graspedaI imag-
inc that much Of the public thinks
Of such statements as mere argumen-
tative rhetoric. The public does not
realize that America has come to .
Evening star., 1937-03-09

ouPEefHc SOUIVI III UEucI III1V t1Ic
public interest may find perma-
nent representation on the tri-
bunal which rules on our major,
social and economic problems.
This is a subject loaded with
dynamite. For the President to
start naming names for judicial
appointment at this stage Of the
battle. would be as risky as for Q
candidate to announce his cabinet
Evening star., 1937-03-09

follow this practice. who can
doubt that the American Bar Asso-
citation would form the letters "F. D.
R." on the political gridiron, while
the six 70-plus justices withdrew
from the arena with whiskers
flying?
The test Of his program Is,
therefore, the sort Of men and /or
women the President selects as
"ulh4fffiItesn or "uet- YaIIrsexn for
The Washington times., 1937-01-19
VETS OFFICERS
H0N0RED

ALEXANDRIA, Va, Jan. 10.
Meritorious service certificates will
be presented to Comdr. John A.
Duncan and James H. Belts,
senior vice commander, at the jan
uary meeting of = the Russell
Mitchell Post, Veterans of Foreign
Wars, at Eagles Hall tonight.
The certificates. which will be
presented by William I. Snyder
chief claims officer, Veterans OF
Foreign Wars, are for service in
the posts membership drive. Of
Is new members obtained since
November l., Is were enrolled by
Commander Duncan and Vice
Commander Belts.
Similar certificates recently were
presented to Millard H. Finnell
and Samuel B. DeVaughan, past
commanders Of the post, for serv
ice in rehabilitating the organiza
tion.
The Washington times., 1937-01-19

again. This time, the feet are
slightly apart in back of the body.
Stretch the arms out at the sides.
The movement is to swing back
with the left hand and touch the
toes of the right foot--if you can!
Keep the right arm outstretched
Sidewise. Then swing around, hav-
ing the left hand outstretched, and
touch the right hand to the toes
of the left foot. Bend backwards
to do this exercise. It has rotary
action that is very effective disci-
pline for the waistline muscles.
AS have told you, hanging and
stretching exercises are excellent
measures for retaining the youth
Of your figure, particularly be-
cause they slim the waistline'
Choose your own exercises, but
keep supple.
BALANCED REDUCING MENU
Breakfast
Galleries
Orange Juice. u glass. so
Bacon, . crisp slices. s.........,... so
Toast, thin slices. es.....,,...... 100
Butter, pat. ..........'......... 90
Coffee, clear
$50
Luncheon
Chicken soup, 1 cup p............... 100
Head lettuceI avocado and orange
French Dressing, il tbsps..:::.... 100
Roll ......... ..................... 100
Butter, " pat. .................... IS
1oE
The Washington times., 1937-01-19

Even moderate activity OF the
stretching and reaching kind will
serve to keep the waist muscles
firm, and there are a number of
exercises to slim you down within
the span of few weekS-provided,
of course, you take them regu-
larly.
Good strong musculature is all
that stands between you and a
dowdy waist. 1t helps to stand
tall and straight, with the figure
in correct posture to give the
waiStline a chance. When you
slump, the muscles become slack,
and the figure looks bunchy about
the waist.
To stay youthfully slim, how
ever, may require the use of regu-
lar specific exercise. Here is an
exercise which gets all the muscles
along the sides and front:
POSition: Stand on the floor on
the knees, hands claSped high over
head.
Movement: Still stretching up
with the clasped hands, bend the
trunk at the waist to the extreme
left, return to the upright position,
and then bend to the right. And
don't think that doesn't squeeze
the fat pads and strengthen weak
muscles! Begin with a couple
Of bends to either side, and grad
ually increase the number of times
you do this exercise. 1t will make
you flexible.
Here is another one:
Position: Sitting on the floor,
feet spread wide apart, body bent
forward at the waist and rest out
stretched hands on the floor, head
between the arms.
Movement: Holding the arms
close against the ears and without
bending the elbows, swing the
trunk over and grasp the left foot
with the left hand. Then swing
over to the right, still holding the
arms against the ears, and grasp
the right foot with the right hand.
Take it easy. Once may be enough
for this exercise the first few days.
All right. back on your knees
The Washington times., 1937-01-19

for the first time, Immediately won
high favor in his presentation of
the aria, Mon piu anrdai," from
the Marriage Of Figaro" mo
zart), with droll shadings of humor
in his voice, together with his mag
nificent stage presence.
Miss Jepson, already a local
favorite in the short time since
her first appearance in Constitu-
ton Hall, is noted for her dramatic
characterizationS in Interpretation
as well as for her statuesque
beauty. Opening her group of
songs with "Depuis lie jour-" from
Louise" (Charpentier), Miss Jep
son carried her listeners through
many delightful moods, some
times gay, sometimes sad, to the
rhythmic melody of the Strauss
waltz, "Tales from the Vienna
Woods" and added two encores
Ever" and "The Nightingale and
the Rose" (RimSky-KorSakow)
Mr.. PIMA, with the exception
of an encore, Negro spiritual
Trouble" gave an all-Italian re
cital. His voice is big, warm
resonant, and carries that element
Of attractive appeal that wor
many remarks of admiration. With
a nonchaIant stage presence, Mr.
Pima succeeds in so coloring his
tones and power of voice together
with flexible facial expression that
his auditors may easily catch his
slightest intent.
Edwin Macarthur, who will ap-
pear Wednesday night as accom-
paniSt for the vocalistS at the In
augural Concert in Constitution
Hall, was the congenial accom-
panist for Mr.. PIMA: Victor Ern
est was at the piano for Miss
Jepson, rendering most harrnoni
Gus assistance to the sopranos
performance.
The theme shown above occurs
frequently in the "Anatar Sym
phony" (Rimsky- Korsakow). It is
first introduced in the first move
ment by the flute, played an
octave higher than shown. The
Anatar and the fairy Gulnazal
themes are heard whenever these
two principal characters of the
fairy story are depicted.
According to the story, Anatar
having forsaken the company of
mankind, dwells in the ruins of
Palmyra. He rescues a gazelle
from giant bird, and the gazelle
turns out to be the fairy Gulna.
Ear. The fairy, in gratitude for
her deliverance, offers Anatar the
fulfillment of three wishes. The
second, third and fourth move
mentS of the symphony describe
The Washington times., 1937-01-19

the three wishes made by Anatar.
The "Anatar Symphony" will
be heard on the program of the
U. S. Navy Band Symphony Or
cheStra Thursday night at the
Navy Yard Sail Loft, under the
direction of Lieut.. Charles Benter.
The opening performance of
the D'Oyly Carte Opera Company
last night at the National Theater
was the Gilbert and Sullivan piece,
THE Mikado, or the Town of Ii
t1pu." This highly authentic pro-
duction is graced by a group Of
principals as well as choruses that
have exceptionally good voices.
Darrell Fancourt, as the Mikado,
and Syndey Granville, as Pooh.Bah,
possess resonant baritone voices
with clear diction. Derek Old
ham, the Mikado's son, has a
fuller tenor voice than is usually
heard in this role. The comic
antics of Martyr Green as Ko-Ko,
the Lord High Executioner, more
than made up for any weakness
in his voice. The whole presenta-
ton was beautifully costumed,
with delightful background
scenery.
Tomorrow night the D'Oyly
Carte Opera Company will give
Trial by Jury" and 1.-THE Pirates
of Penzance." The two weeks en-
gagement of this company gives
Washington an opportunity to
hear the Gilbert and Sullivan
works at their best, as this COM
pany is the direct lineal descend
ent of the direction that originally
made the comic operas famous in
London.
The Washington times., 1937-01-19

Copyright, 1887, by King Features
Syndicate, Inc }
The Washington times., 1937-01-19

Not the least Of the three important
virtues combined only in IRISH AMER1"
CAN is its easier digestibility. Certainly
in this modern age full-favored whiS-
key that is light and easy is greatly to
be preferred.
Always ask for IRISH AMERICAN by
its full name and accept no other.