Evening star., 1937-02-24


courts, even in the n,.
Supreme Court
itself, by sufficient increase in the
number of judges and an adroit ma
nipulation of jurisdictions, and could
with the assistance Of the President
make them up to suit his own pur-
poses.
These two coordinate branches of
the Government, to which the courts
speak in such authoritative fashion
with regard to the powers they may
and may not exercise under the Con-
titution-namely, Congress and the
Executive-may, in fact, if they
choose, manipulate the courts to their
own ends without formal violation Of
any provision of the fundamental law
of the land.
Saw Some UneaSineSS.
"There has never been any serious
fear that they would do anything of
the kind, though an occasional ap-
pointment to the Supreme Court has
made the country suspicious and un-
easy. But it is well to keep the mat
ter clearly before us, if only that We
may remind ourselves of the only ab-
solute safeguards Of a constitutional
system. They lie in the character,
the independence, the resolution, the
right purpose of the men who vote
and who choose the public servants
OF whom the Government is to consist.
ANY government can be corrupted;
any government may fall into disre-
pair. 1t consists of men, and the men
of whom it consists will be no better
than the men who choose them. The
courts are the peoples forum; they
are also the index of the Governments
and of the Nations character"
1t Is not surprising, therefore, that
men like Senator Carter Glass of Vir-
ginia, who represent the Woodrow
Wilson tradition in Congress, are We
hemently opposed to the pending bill
to increase the size of the Supreme
Court to Is because the justices are
not deciding cases in conformity with
the political or economic views of the
Roosevelt administration.
RO0sevelt's Surprise Reported.
Incidentally, the amount of opposi-
tion to the proposal is somewhat dis
concerting to the administration, not
withstanding an external appearance
of calm and confidence at the White
House. Members of Congress are au-
thority for the statement that the
President was much surprised when
he received his first private poll, not
only of the Senate but Of the House
of Representatives. The newspapers
have been printing the probable line
up of the Senators, but no complete
poll of the House has been disclosed
as yet.
Reliable information Is to the effect
that the President found he was be-
tween 40 and so votes lacking of a
favorable majority in SO far as those
who were willing to commit themselves
definitely for or against the PROPOSE
ton were, concerned. In other words,
the 'noncommittal" group In the
House holds the same balance of pow
er as in the Senate. In that group
are the men who will finally decide
the issue.
Two-Thirds Vote Needed.
The data about the White House
poll of the House would tend to ex-
plain the recent statements of House
leaders that they preferred to await
action by the Senate before consider
ing the Presidents proposals. Had
the administration possessed the votes,
as is so often the case in the House,
the measure would have been put
through promptly 1t takes two
thirds vote to suspend the rules and
take up bill out of turn or to get it
out of a committee which delays
report. 1t is well known that the
administration does not have two
thirds vote to suspend the rules on
this question in the House. Whether
it will ultimately gain a majority for
the measure itself depends on how |
effective is Mr.. Roosevelt's campaign |
of personal persuasion which is going |
on right now.
Mr.. Roosevelt very properly can call |
members Of Congress to his Office and
tell them his arguments for the pas
sage Of a piece of legislation. Other |
Presidents have done it. So long as
the activity of a President is confined |
to argument and does not bring In |
qdestions of patronage or bargaining, |
1t Is considered legitimate weapon.
Rumors Of Patronage Weapon.
Nobody knows, of course, what goes
on behind closed doors in the execu-
tive Offices except the participants,
and there are the usual rumors that
MIR. Roosevelt uses the club Of patron
age, or the withholding Of P. w. A.
projects, or other grants Of presidential
bounty from q political point Of view,
in order to influence votes. Such q
charge, however, has not been proved,
and in the absence of public proof Mr..
Roosevelt will be ahsolved from such
charges.
What has been often suggested is
that political heutenants Of the Presi-
dent who are busy from time to time
or Capitol Hill lining up votes for
administration measures do not hesi-
tate to dangle possible rewards, ex- |
tending from Federal judgeshipS to
favorable action on the recommended |
tions made by Congressman for the
appointment of constituents to va
cancies. Woodrow Wilson, in COM
menting on the proper and improper |
uses of personal persuasion, had this |
to say in his lectures on constitutional
government:
There are illegitimate means by
which the President may influence
the action of Congress. He may bar
gain with members, not only with re- |
gard to appointments, but also with |
regard to legislative measures. He
may use his local patronage to assist |
members to get or retain their seats. |
He may interpose his powerful influ-
ence, In one covert way or another,
in contests for places in the Senate. |
He may also overbear Congress by |
arbitrary acts which ignore the laws |
and virtually override them. He may