Evening star., 1937-02-14
MOntanan Hits
Proposal as
'StopCap.'
LA FOLLETTE'S
VIEW OPPOSITE
Progressive Sees
Move Demanded
Unpopular Will.
BY G. GOULD LINCOLN.

President Roosevelt's judiciary re-
organization bill has split the Sen
ate's liberal bloc wide open, it de-
veloped last night, as two of its
dominant members, Senator Wheeler
Democrat, of Montana. and Senator
La Toilette, Progressive, of Wisconsin
expressed clashing views on the pro-
posal to enlarge the Supreme Court
In a strongly worded statement,
Wheeler, heretofore an ardent sup
porter Of New Deal legislation, de-
nounced the proposal as stop gap
establishing a dangerous precedent.
The Montana Senator in 1924 was the
vice presidential running mate of La
Follette's famous father, and he and
the younger La Toilette generally have
thought much along the same lines.
However. in vehement radio
speech later, La Toilette championed
enlargement of the Supreme Court as
'the only way in which the popular
will may be translated into effective
action"
Besides defending the President's S
plan, he advocated an amendment to
the Constitution which would give
Congress power to override a decision
of the court declaring any act of
Congress unconstitutional.
Urges Amendment.
In his statement, Wheeler said
sthere Is nothing democratic, pro-
gressive or fundamentally sound in the
proposal advanced by the administra-
tion." He urged instead constitu-
tional amendment giving Congress
power TO regulate hours, wages and
working conditions.
The disagreement between the two
Senators came at time when the
Presidents plan apparently had
begged down for the time being due
to the sharp cleavage which week
of discussion of the proposals has
brought about.
Wheeler's detection added another
prominent Democrat to the many
who already have expressed deter
mined opposition. Earlier yesterday,
Senator Glass Of Virginia. veteran
Of many contests in the Senate and
House, made his position entirely
clear when he termed the plan
'frightful' and said:
Il am utterly opposed to it and I
intend to speak in the Senate. It's
frightful proposition, and unprece-
dented since the foundation of the
Government. 1 don't mean to say
there have not been suggestions for
changing the number on the court.
bus just exactly this proposition is
unprecedented"
Meeting Postponed.
Coincioental with the hammering
ct the bill, meeting of the Senate
Judiciary Committee, which is han
ding the legislation. was postponed
from tomorrow until the following
Monday. At that time, Chairman
Ashurst expects to get report from
. subcommittee to which was referred
yesterday the bill calling for volun-
tary retirement of Supreme Court
justices when they have reached the
age of 10 and have had 10 years
service on the bench. The measure
passed the House Wednesday by an
Overwhelming vote.
Since the Presidents bill was sent
to Congress 10 days ago, the Senate
Judiciary Committee has held one
meeting. The House Judiciary Com
mittee has held two without taking
up the measure. The House group
In sched,iled tn meet TtIesdav hllt
Chairman Summers last night would
not venture a prediction as to whether
the bill would be taken up.
The avalanche of protests against
the idea of adding six new members
to the Supreme Court, plus more and
more outspoken opposition to the
(See JUDICIARY, Page A-5.)