Evening star., 1937-02-21
Text Of Hoover Address on Court

upon coercion Of men to surrender
their rights of freedom. And CO.
ercion is the antithesis Of liberty.
Mr.. Roosevelt has felt it neces-
sary repeatedly to criticize the
decisions. Even those which were
unanimous. To complain of the
umpire Is real human. However,
nobody in this country can believe
that if these decisions had been
in accord with his wishes that
he would have made these pro-
posals to add six new justices.
Most of the supporters of the
Presidents proposal have ceased
to defend 1t on the grounds of
either expedition OF justice or old
age. Their support is now boldly
that it means quick and revolu-
tionary change in the Constitution.
And that without reference to the
people And we are not even told
where the Constitution is at fault
or what changes they would make.
They are asking for blank check
upon which they can write future
undisclosed purposes.
President Seen Trying
To Revise Constitution.
In the light OF this background
no one can conclude other than
that the President seeks to secure
a Supreme Court that will not
find in accordance with the Con-
stitution as it stands, but rather
that will revise the Constitution
so 1t will mean what he wishes it
to mean.
And this Is not loose assertion.
Mr.. Roosevelt himself specifically
confirms this purpose. In his mes
sage to Congress he says that II
these proposals be accepted, then
I'VE may be relieved of the neces-
sity of considering any fundamen-
tai changes in the powers OF the
courts or the Constitution of our
Government"
Thus are We plainly told that
constitutional change is sought,
not by open and frank amendment
of the Constitution, but by Judi
cial decision
II this Is to be accomplished the
new judges must necessarily be
men who will ratify Mr.. Roose-
yelt's projects. Unless they are
pledged to Mr.. Roosevelt's way OF
thinking he would not be, to use
his own words. relieved of the ne
cessity of considering fundamental
changes in the Constitution.
am wondering what esteem these
pledged judges would hold with
the people.
If Mr.. Roosevelt can change the
Constitution to suit his purposes
by adding to the members of the
court any succeeding President can
do it to suit his purpose If a
troop of Presidents judges" can
be sent into the halls of justice to
capture political power, then his
successor, with the same device,
can also send troop Of new Pres
ident's judges" to capture some
other power That is not judicial
progress. That is force
The court and the Constitution
thus become the instrument of the
executive and not the instrument
Of the people. A leading newspaper
which usually supports the Presi-
dent sums it up: Il. proposes
to sanction a precedent which
would make any President the
master of the Supreme Court by
the mere process Of enlarging it."
Thus We are face to face with the
proposition that the Supreme Court
shall be made subjective to the
executive. Stripped to its bare
bones that is the heart of this pro-
posal. And that reaches to the very
center OF human liberty. The ulti-
mate safeguard of liberty is the in
dependence of the judiciary.
Judiciary in First
Line Of Fight.
In all the centuries Of struggle
for human freedom the independ.
ence Of the judiciary from political
domination has been the first battle
against autocratic power.
In America we have built over
these two centuries certain sacred
rights which are the very soul of