Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-03-12
Judiciary
Continued From First Page.)

later was elected to that Office The
jurist placed himself and the new
Lawyers Guild in a position diamet-
really opposed to that of the Amer
lean Bar Association, which, through
its leaders. has gone on record against
the Presidents court bill.
The witness said he strongly doubt
ed that the majority OF American law
yers are opposed to the bill. Ger
tainly, he said, those lawyers who
serve ordinary clients and not the
wealthy are in favor of the measure
He pointed out that of the $4,000
lawyers in America less than one
fourth are members of any bar group
and that less than 10000 are members
of the American Bar Association.
Reflect View Of Clients.
II am convinced" Judge Devaney
said, that among members of the
American Bar Association many have
gone on record against the President
proposal after a most curSory study
of the recommendation. l am a
member Of the American Bar Associa-
ton. The association has done many
good things, but it has come under
the control of leaders who serve the
most successful clients and they re-
fleet the views of their clients"
The witness said there had been
need of new association of lawyers
to express the attitude of the rank
and file of the attorneys, representing
the interests of ordinary clients. The
Lawyers Guild originated, he said
for such a purpose. If the lawyers
Of the country, he said, are to regain
the position which they have lost in
the eyes of the country. they must
show that they are serving the in
terests of the ordinary people.
Public respect for the courts and
TO- lawyers is at low ebb today,
said the witness. In recent years
the people have CONF to believe un-
fortunately, that democracy does not
-'ork in the court house If the law
years and the courts were taken tc
the whipping post they would not be
let off as easily even as were the
bankers"
In saying he is opposed to a con-
stltutional amendment that would re-
quire seven-to-two or six-to-three
vote of the Supreme Court to declare
an act of Congress unconstitutional
he explained that the real value of
judicial review is the protection it gives
against unintentional impingement by
the Legislature on civil and religious
rights. In the past, he pointed out
laws impairing the constitutionally-
guaranteed rights have been passed
and declared unconstitutional by the
court
But" he continued, "the present
reactionary majority of the Supreme
Court has shown more concern fol-
property rights than for the civil and
religious rights of the average man
I do not believe the American people
would accept situation which in the
futur>, when the present majority may
become a minority, would enable them
to prevent the court from invalidat ting
law violating civil or religious rights
Questioned by King.
Senator King, Democrat, of Utah
who is opposed to the BILL then began
questioning Devaney about the organi-
cation of the three-Week- old Lawyers
Guild. The witness said the guild was
in process of formation long before
the Presidents plan was announced
After Senator King had pointed ou1
that many State Supreme Courts de.
clare acts of State Legislatures uncon-
stitutional, he asked If this did MOI
indicate the people as whole want
an independent, uncontrolled judi.
ciary.
Devaney agreed that they did.
Senator O'Mahoney Democrat, Of
Wyoming next questioned Judge Dew.
aney closely regarding his opposition
to the constitutional amendment.
"You say" said O'Mahoney, "that
the power should not be placed in the
hands Of minority of the Supreme
Court to uphold the law that should
be declared unconstitutional. If Law
has been passed by a majority of the
House and of the Senate and signed
by the President and apparently has
the backing of the country, there
should be strong reason for its being
sustained"
Judge Devaney said he believed ii
the rule of the majority. That, h,
said. applied to the Supreme Court
and in reply to another question HI
said he would not do away with The
5-to-4 decisions.
O'Mahoney asked if it we're not tru,
that the Presidents court bill per.
mitted the appointment of man 6:
years of age to the Supreme Cour
bench who would not be eligible fol
retirement until he was IS. Judg,
Devaney agreed that this was so. To-
the bill specifies that a judge mus
have served 10 years on the bench
before he may be retired.
l The bill ftherefore," said O'Maho