Evening star., 1937-03-16
has by "a bare majority" overruled
legislation OF this kind.

has by "a bare majority" overruled
legislation OF this kind.
For obvious reasons" said Green,
those whose lives are cast in an en-
vironment remotely situated from the
daily lives Of the teeming millions who
serve in the workshops, mills mines
factories and industries of the Nation,
cannot grasp and understand the So
cial and economic problems which so
vitality affect these workers. This
does not mean that those who serve
on the Supreme Court for a long num-
Der of years, living separate and apart
from the economic and industrial life
of the Nation, are hostile to the social
progress and social betterment."
He insisted, however, that the men,
bers were not in position to know all
the facts of present-day life and that
new blood, therefore, was necessary on
the bench.
Green told Senator Austin, Repub-
lican, of Vermont, he did not think
Supreme Court justices should be re
sponsive to popular will" but that he
did think the personnel Of the court
should include men fresh from life"
Senator Austin asked If the true con-
gressional objective should be not be to
pass legislation conforming to the Con-
stitution, as defined by the justices, in
stead of tanning" the court.
Labor Decisions Recalled.
The labor leader disclaimed any de-
sire to tame" the court, but reiterated
his belief that periodic infusion of new
blood into the judiciary is desirable.
Senator Austin apologized for talk
ing too long" but added he wished to
ask Green additional questions as he
considered him an important and
candid witness" and had the utmost
respect for his honesty and judgment.
Explaining he wished to show labor
often had sought "the sanctuary of
the Supreme Court" for protection
against too flexible Interpretation of
the Constitution, the Vermont Sem
ator called the attention of the wit
ness to long list of Supreme Court
decisions protecting labor"
When other Senators On the COM
mittee raised the objection that time
would not permit an answer from
Green, Chairman Ashurst instructed
the federation president to prepare
written reply and submit it to the
committee.
One Laugh Comes Out.
Senator Logan of Kentucky, ad-
dressing Green, said that there were
some people who believed that the Su-
preme Court should walk upright and
inflexible."
Is it not your opinion" Logan said,
that the court should walk with the
Constitution as the rope beneath its
feet, leaning perhaps first to the right
and then to the left?"
Chairman AShurst interrupted:
If you are not a tightrope walker
you won't be in the Senate very long"
he said, bringing general laughter from
the committee room
Senator Burke asked Green if it
would not help to have a definite term
fixed for Federal judges and possibly
their election by the people, so that in
this way new blood could be added to
the courts.
Not Concerned With That,
We are not dealing with that kind
OF proposal" replied Green. "and 1
cannot pass on it. 1 believe the Pres
ident's plan is the most practical at
this time. Congress did a very good
thing a few days ago when it passed
the bill authorizing the retirement Of
justices of the Supreme Court at 10
years of age. That will give a chance
for new blood, also"
You will admit, will you not, Mr..
Green" said Burke, that the trainers
Of the Constitution made a mistake
when they wrote into that document
a provision for life tenure of office on
the part of Federal judges?"
Il am not prepared to say that"
replied Green. There have been
periodical changes in the court
throughout the years until compare
lively recently"
do you believe in a judiciary in
dependent of Congress and the Pres
ident?" asked Burke.
we all believe in that" replied
Green, but we want judiciary that
understands our problems"
Questions Become Harder.
Green admitted, in reply to ques-
tions, that he knew of no suggestion
in the constitutional debates that
there would be new blood injected into
the judiciary at specified time.
Burke wanted to know If a Judge
sits in court and has before him
constantly lawyers who are in close
touch with the people and with life,
loses touch himself with life.
Green insisted that a man on the
bench leads cloistered life and that