The Republican. [volume] (Oakland, Md.) 1877-current, 1937-02-18
IN THE OPEN

Attorney General Cummings radio
address on Sunday night performed the
necessary service of separating Mr..
Roosevelt's proposal to pack the Su-
preme Court from the accompanying
proposals for reform of the inferior
Federal courts. He made it plain that
the real purpose is not ito speed up the
judicial process, Tighten the burden of
the judges or accomplish the retire
ment of infrm judges. The purpose is
to adorn the Supreme Court with
judges who will not hamper by judicial
action the freedom of the people to
direct their own destiny" In other
words, Mr.. Roosevelt wishes to create
a Supreme Court which will sanction
the New Deal measures which the pres
ent court has declared invalid.
The real cause of the "insensate
clamor" against the Presidents pro-
posal, as Mr.. Cummings interprets it,
is that "those who wish to preserve the
status quo want to retain on the bench
judges who may be relied upon to
veto progressive measures" Without
arguing the progressivism of meas
ures designed to place industry and
agriculture under bureaucratic control,
it must surely be agreed that the At
torney-General does less than justice
N +boeo ,1,bo J;eo oroo With b;,o, Copo
tor Wheeler, of Montana, is usually in
favor Of progressive measures" yet
we find his voice among those who
have raised this "insensate clamor" be-
cause Senator Wheeler, while object
ing to judicial obstruction of the pow
ers of Congress, objects to Mr.. Roose-
velt's method of dealing with it. eff
this Administration can increase the
court to make it subservient to its
wishes, another Harding Administra-
ton can do the same thing" There
are still in this country people who
think in terms of general principles as
we'll as of immediate desires. If they
are raising an "insensate clamor," it
is only because they see in this pro-
posal to pack the Supreme Court the
beginning of series of aggrandize-
ments by the executive branch of the
Government, the end of which could be
the loss of our liberties
Of course, it is possible for Mr.. Cum
mings and most of the rest of US to
cite decisions by the Supreme Court
which seem narrow, unenlightened
and in excess of the courts real func-
ton. Mr.. Cummings indicates several
and adds that "the technique of the
last political campaign has been re-
vived" by Mr.. Roosevelt's opponents
on this issue. The reference to the
campaign would be happier if, at any
time during its prolonged delibera-
lions, this proposal with regard to the
court had been mentioned by Mr..
Roosevelt or any of his aides. The
whole issue of judicial reviews was
surely worth discussion by the head of
a party some of whose most important
legislative acts were rejected by the
Supreme Court. But it wasn't dis
cussed. Mr.. Roosevelt's nearest ap-
proach to the question was his sug-
gestion that constitutional amend
ment might be necessary to make pos
sible certain contemplated legislation
Mr.. Cummings says the morality of
the plan must be tested by its results.
But surely the morality of those who
propose it can be tested by the method
of its proposal. 1t is to no small ex-
tent the disingenuous means of pro-
posing this reform" which has
alarmed friends of democracy and has
arraigned against it men who object
to some of the courts acts as much as
Mr.. Roosevelt and Mr.. Cummings do.