Evening star., 1937-05-10

added:
Il doubt very much if We are fully
aware Of the inSidious, subtle effort
being constantly put forth in this
country by the advocates Of that
theory of government called fascism.
1t has far more supporters in this
country than communism and they
are much more active and much more
adroit in the manner in which they
are accomplishing their end.
They work in wholly different
ways and by widely different methods
from communists. Both are the avoWed
enemies Of democracy, both would
destroy individual liberty, both would
establish in its place economic and
political serfdom. There can be no
compromise between democracy and
either OF these systems"
The Idaho Senator went on to quote
from the utterances of the head of
ono of the fascist states Of Europe,
who said recently: "All the opposition
papers have been suppressed, all anti
fascist organizations have been dis
solved. Opposition is necessary. many
say, because it looks we'll in picture.
We reject this argument most en-
phatically and Indignantly Opposition
Is not necessary for the proper work.
ing OF a healthy political regime.
Opposition Is stupid"
Borah Oppositionist.
There are unfortunately MANY
American citizens who agree with this
Fascist conception. They do not wish
any opposition. Mr.. Borah, it will
be noted, has been a consistent op-
ponent of economic RECOMMENDATION un-
der the N. R. A. or the revived N. r.
A. which is being contemplated. The
Guf1ey act resembles the German
cartel system, which gave regimenta-
ton 4 fertile field. And new efforts
are to be made to enact another
Guf1ey plan for the textile industry.
Government regulation of capital and
labor, which is SO paramount a factor
IN the Fascist plan, had its beginnings
In the N. r. A. and now, as soon as
the Supreme Court proposal is put
into effect, the New Deal plan is to
revive these same projects, with the
Government playing a controlling
part.
So far as the German judiciary is
concerned, decree issued last Sum-
nler admonished the courts that where
onenses are not punishable under
the penal code, they shall be punished
according to the underlying idea of
q penale code or according to healthy
public sentiment"
As one eminent constitutional law
yer said recently: With courts and
Congress SO furnished, constitutional
questions would become OF no further
consequence"
Many OF the opponents and critics
OF the New Deal feel that the basic
philosophy OF the Roosevelt admin
1Stration is represented by the idea of
coercion. Governmental power Is to
be interposed to regulate the affairs
OF the 80 per cent who do not chisel
because 10 per cent do chisel. Run
ming through the Guffey act is
coercive feature-a penalty tax which
would put coal operator out of
business. IT he tried to pay it, is i'm
posed II he does not subscribe to Gov
ernn1ent regulation under a code. The
same principle Of coercion by means
OF tax is to be applied in other
measures paralleling the Guffey law.
Hughes on Tyranny Of Force"
Chief Justices Hughes did not dis
cuss the attempted coercion of the
Supreme Court, nor did he make
single direct reference to Mr.. Roose-
velt's avowed effort to pack the high
est court In the land so as to affect
the decisions of the justices. But Mr.,
Hughes did utter the following signif-
ican paragraph:
The success Of democratic institu-
lions lies IN the success Of the proc
esses OF reason as opposed to the
tyranny OF force. Between these So
ciety must choose. If society chooses
the processes OF reason, it must main
tain institutions which embody those
processes. Institutions for the exer-
else Of the law-making power and for
the execution Of laws must have their
fitting complement in institutions for
the Interpretation and application of
laws, for the safeguarding Of indi-
vidual rights, through a competent
and independent judiciary"
It was the only public speech the
Chief Justice has made since Mr..
Roosevelt launched his judiciary pro-
posal February S. Hence, it can only
be inferred that the words of the Chief
Justice had . reference to Mr.. Roose-
velt's plan. But it requires no power
Of inference to discover that Mr..
Hughes believes that democracy in the
world today is imperilled. Otherwise
he would not be speaking Of the