Evening star., 1937-03-25

power Of the United States Is vested
in one Supreme Court.
The court, he said, is no uSurper OF
power. If it becomes necessary, the
power Of impeachment can be used
against justices Of the court, he
pointed out.
Days of Marshall" Cited.
"In the days of Marshall. the court
WAS censured on the ground that it
arrogated too much power to the Fed
eral Government" Brenckman said.
To-day it Is being denounced with
even greater fury and intensity be-
cause it does not go far enough in that
direction
The witness contended that if there
is to be any change in the Constitu-
ton it must be made by the people,
through amendment, not by inter-
pretation by new members Of the
court
The Supreme Court has no right
to change the Constitution through
strain or unWarranted lnterpeta-
tons he said. That is what some
people are demanding OF it."
Before Brenckman took the stand
Senator Burke, Democrat, Of Ne
braska, told the committee the Grange
representative was not constitu-
tional expert, but added authorities
on the subject would be called later
by the opponents of the bill.
Il am sorry Burke said, that We
who are opposed to the measure have
been unable to submit a complete list
of our witnesses. But we have not
Justice and the Public Information
Service, which seems to be an adjunct
Of the Democratic National Committee,
as did the supporters of this bill"
Asked if G. o. P. Aid Sought.
Senator Neely, Democrat, of West
Virginia, then asked Burke if he had
made any effort to enlist the aid of
the Republican National Committee.
Burke said it had not been necessary.
The Nebraska legislator then an
nounced tomorrow witnesses will in
clude DR.. Erwin N. Griswold, professor
OF constitutional law at Harvard Uni
versity; Walter F. Dodd, Chicago law
yer, and Dorothy Thompson. news
paper columnist and wife of Sinclair
Lewis, the novelist. Miss Thompson
will be the first woman to testify since
the hearing opened
Brenckman is to be followed by DR.
Norman J. G, Wick- of Washington
executive secretary Of the Lutheran
Board Of Education, and DR.. Young B
Smith, dean Of Columbia Universit;
Law School.
Louis j. Taber, master Of the
grange, told the committee yesterday
that this enlargement of the court, il
enacted into law, might set a prece.
dent which eventually would endange,
fundamental rights guaranteed by the
Constitution.
McGill Questions Taber.
Senator McGill, Democrat. of Kan.
sas. who has not committed himsel.
on the bill, asked:
Suppose this present court shoulc
resign. Is it your view that the Presi.
dent would appoint and the Senate
confirm court which would sustain
as constitutional legislation deprivins
the people Of religious liberties?"
That's unthinkable. Taber replied
in voice that rang through tn.
crowded chamber.
He added, however, that "the pre-.
cedent established could be used in tn,
future by a reactionary President o.
Congress moved by passion ane
prejudice to do something evil"
William Hirth, publisher of the Mis-
souri, Farmer and head of large Mis-.
souri, farm cooperative organization
also voiced unqualified opposition Il
the bill.
Supported President.
AT the request of Jim Farley" HI
told the committee, Il took the stumr
for Mr.. Roosevelt in 1882 and 1886
but would never have done so hae
known he intended to propose any
such legislation as this. Farley now
says opposition to the bill Is treason
to the Democratic party. I say that
will cheerfully assume that ig-
nominy"
DR.. Theodore Graebner, professor OF
theology at Concordia College, St.
Louis. testified late yesterday that
while the Roosevelt bill had no re-
| ligious implication, it could have con
sequences affecting religion"
IT 1t is permissible to Ignore the
provisions made for adoption of con-
stitutional amendments because there
Is struggle between certain economic
forces" he said, 1T is permissible in
matters involving the relations OF
church and state"