Evening star., 1937-03-10

IOr his COnCrO-
versy with the Supreme Court.
Now that the President has done
30, however, his speech becomes sub
ject to the scrutiny of all who have
followed decisions of the Supreme
Court and it is unfortunately true
the American people that the one
measure closest to his heart, the one
measure he is anxious to revive, the
one measure which contained the
broadest possible social and economic
program, namely the N. R. A., was
declared unconstitutional not by a
5to-4 vote or by a majority of the
court but by unanimous vote of all
nine justices, young and old, liberals
and conservatives.
Stresses Dissension.
The President, naturally putting
his best foot forward in an argument,
stresses the cases in which there
were dissenting opinions and asks the
American people to believe that the
minority dissents were right and the
majority were wrong. It's the kind
OF an argument that many Republi-
cans made the day after election,
namely that they were right In their
votes against Mr.. Roosevelt and that
the majority were wrong. But the
American people have always felt
that it WAS good sportsmanship to
accept the majority opinions and
particularly verdict so unanimous
as a 8 to 0 decision by the Supreme
Court.
Mr.. Roosevelt lays his argument
He says it would take years to get
through a constitutional amendment.
But he does not tell them that the
American people ratified in less than
year amendments of much more
controversial character than one
compelling judges to retire at 10
or rs.
Thus simple amendment that JUS
tioes Of the Supreme Court be COM
PEELED to retire as soon as they reach
their 18th birthday anniversary would
not today meet with any serious OBJ
lection from any quarters. With the
enormous power Of the Democratic
machines In 40 States, 1t would be a
simple matter to get ratification
America would object to a concrete
amendment dealing with compulsory
retirement? Charles Evans Hughes,
when he was lecturing in Columbia
University after he had served as an
associate justice of the Supreme Court,
said that compulsory retirement at IS
could be easily defended.
Roosevelt Rejects Other Solutions.
When the President speaks of a
crisis impending ana the need for q
reorganization Of the court, it is to
be noted that most of the remedies
proposed to bring about re-employ-
ment, remedies well within the Con-
stitution as the present judges view 1t,
have been rejected by him whenever
proposed by groups Of economists and
businessmen summoned to advise the
Department Of Commerce.
Also, only a few months ago, the
Democrats won their campaign by
pointing out what they had done for
the farmers, notwithstanding the in
valuation Of the A. A. A. The soil
conservation program has permitted
the payment Of subsidies which was
the core OF the A. A "A. plan. As for
New York State minimum wage law
decision, this IN no way impeded the
progress Of recovery because unioniza-
tion Of labor has proceeded rapidly
under Mr.. Roosevelt's encouragement,
so that the labor unions have been
effective in raising wages and estab-
fishing labor standards. The New
York statute was not written as it
should have been, with an idea Of
providing a subsistence level, but with
the idea Of regulating wages.
The American people, it is argued by
persons who disagree with the Presi-
dent, do not want the Federal Gov
eminent regulating the wage scales in
private industry and that is the direc-
ton in which N. r. A. was leading.
Even the labor unions would have
been compelled to turn against the
N. R. A. when Its full implications Of
Government control Of labor unions
became apparent to them From all
OF this confusion, the Supreme Court,
by hvalidating the N. r. A., saved
the country and business recovery
has dated from May, 1885 when the
Q to 0 decision was written.
Argument Shifted.
Mr.. Roosevelt has never been willing
TO accept the tenets Of that decision.
He has endeavored to shift the argu-
ment to other cases of much less real
Importance in which there have been
dissenting opinions but even the in
crease Of six justices added to the
present nine would not give Mr..
Roosevelt chance to see the N. R. A.
validated by the Supreme Court.
The President displayed a keen
sense Of the opposition to his plan
when he struck out at the contention
that he would appoint "spineless pup
pets" to be judges but nevertheless he
did not hesitate to say that he wanted
to appoint justices worthy to sit
beside present members Of the court
who understand these modern con-
ditions" and, again, justices who will
not undertake to override the judg-
ment of the Congress on legislative
policy"
How can the President be sure,
unless he exacts from his prospective
appointees in advance an agreement
as how they shall look at future law
suits that the justices he appoints will
mot undertake to override the judg-
ment Of Congress on legislative policy?"
As matter of fact, no justices ever
concede that they do that when they