Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1937-03-24

IL any evidence was needed that
the Seventy-fifth Congress, with it's
top-heavy Democratic maiorities.
would not be "rubber-stamp" Con-
gress, it has teen furnished in the
controversy over the Presidents plan
for changing the judiciary This plan
has become the dominant legislative
issue and threatens to delay, if not
engulf. less important proposals which
in more normal times would seem of
such magnitude as to demand early
action. But proposed changes in the
basic scheme for our Government
have always, and should have. first
attention.
1t is interesting to note that the
heart of the controversy over the
Courts is not one of purpose, but rath-
er the best means of attaining the OBJ
jectives sought. There are compare
tive few who CO not concede that
some changes in the basic plan of our
Government to meet modern condi-
lions are necessary-sit that
have arisen since the Constitution
was drafted. But how? That is the
most momentous question in the ma
tional capital today.
The Presidents plan calls, of course
for legislative authority to name six
new members of the Supreme Court,
increasing the membership to fifteen,
should Justices over seventy years of
age fail to resign. That was the pro-
gram submitted to Congress. Other
proposals were promptly advanced
and the situation that has resulted
brings up three questions.
Does the Presidents plan offer the
soundest approach to a problem that
vitality affects every citizen? Would
it be more desirable to submit the
question: slow process-to the peo-
pie for final decision? Would it be
feasible to enact legislative require
ment that all rulings by the Supreme
Court hold laws unconstitutional y
two-thirds majority? Such ma
jority is now required in the Senate
on more momentous questions. The
President contends his plan is the on
ly sure means for prompt and effec-
tive action, as the Congress consid-
ers the proposal from every angle.
But as 1 have said, even the most
severe critics of the Presidents plan
realize the need for some changes in
our basic scheme of Government
Every statement on the subject since
our founding fathers is being scanned
and quoted. What John Marshall said,
what John Jay said, what Justice
! fanny said, what Justice Chase said,
is being broadcast to the country by
radio and carried to the nation in the
press.
Yet with it all there seems to be a
sincere desire on the part of all men,
berS of Congress to preserve the pro-
g-ess we have made in Government,
and at the same time correct the con-
ditions that prevent further progress
at a time when we truly stand at the
crossroads in national and interna-
tional fears How can we best do this
from the standpoint of the present
and the future? 1t may be the Presi-
dents plan or it may be compr0m-
Use. The Constitution was a comprom-
Use document and the legislative
colr7e of our nation has been consis-
tently marked Ivy compromise
And whatever John Marshall o,
John Jaw said some things are SELF
eVltenL. HeitHer VI CneSe INDUSTRIOUS
statesmen OF the past ever rode in al
automobile Neither of these grea
citizens ever flew from coast to coas
in a day. Neither of these outstand
ing lawyers ever heard a radio. An
none Of The food for these great jus
tees ever came from chain store
Obviously. they could not correctly
plan fer these new conditions. TIL
President is sincere in his desire
meet these conditions and those who
ardently support him believe that he