The Washington times., 1937-04-02
LEGISLATIVE
USURPATI0N
CHARGED
Dodd, Constitutional
Lawyer, Opposes
Change in Set-up
BY WILLIAM X. HUTCHINSON
International News Service

International News Service
President Roosevelt's court plan
will give Congress power to legis-
late on child labor, Conditions in
industry, and control Of public
education-through q reversal Of
previous Supreme Court decisions
Walter F. Dodd, a Chicago con-
Stitutional lawyer, declared today
at the Senate hearings.
Dodd warned the plan meant q
surrender Of individual liberties to
the whims Of a future Congress.
He condemned it as an "usurpation
of power by the executive and legis-
lature through a scheme that
would destroy all respect for the
Supreme Court.
Burke Charge Denied
As Dodd took the stand, friends
and foes Of the presidential plan
were arguing over the charge Of
Senator Burke Cd Of Nebraska,
that an anticipated new $2,000,-
100000 relief fund might be
used by the President to influ-
ence Congress indirectly on the
issue. This brought a vehement
.denunciation of the charge from
Senator OMahoney Cd Of
Wyoming.
Burke declared it would be an
easy thing for the President to
use the fund indirectly to bring
pressure on Senators to vote for
his court plan. He pointed out
that mayors and governors, if
denied funds or fearing small
allotments, would urge their
Senators to vote for the plan in
hope Of getting larger appropria-
tions.
O'Mahoney denied the President
would ever use the fund directly
or indirectly to influence Congress.
He also denied any member of
Congress would be influenced by
the fu IS or their ALLEGATION.
Canon Stokes to Testify
Dodd was the days first wit
ness at the public hearings. He
was to be followed by Canon An
son Phelps Stokes, of Washington
Cathedral, an Episcopal divine
and former secretary Of Yale.
Dodd first pointed out the Presi-
dent apparently sought broader
powers for Congress to govern
commerce. If adopted, however,
he warned "there is no limit to
the subsequent use of the power
as a means of abandoning not
only one but all Of the present
principles upon which our Govern
ment rests" He declared:
EFF we transfer the authority
to determine the scope of their
political power to the political
branches of the government, or
subordinate the court to these
political branches, We shall in
effect abandon any methods OF
keeping the national govern
ment within the scope Of its
granted powers.
1--WE will have authorized the
national Government to do all
that is now sought by the child
labor amendment and to exercise
every other governmental power
with respect to industry, liquor
control, education and other sub
jectS, and we will have conferred
this power free from present con-
stitutiOnaI guarantees Of individ-
ual rights.
"It may be the President, the
Congress and our State legisla-
ture can be relied upon to deter
mine what Individual rights are
to be protected against national
and State impairment yet /, for
one, am unwilling to surrender
to these political departments or
to a subordinate court the pro-
lection of freedom Of teaching,
of speech and Of press, so ably
maintained by the Supreme
Court"
Dodd protested the Nations diff
ficulties in achieving social goals
were largely due to defective leg
islation and a desire to stand
ardize many activities on a ma
tional scale, when a more diligent
use of state governments would ac-
complish greater powers"