Evening star., 1937-02-16
RI PLAN IN STAR FORUM TALK.

for the Supreme Court7 Why except
the Supreme Court?
This strange discrimination con-
tinues in the discussion today. No
one seems to object to the applica-
ton Of this proposed legislation to all
Federal judges except the Supreme
Court. Several times Congress has
used its power to increase or decrease
the size of the Supreme Court to meet
the problems of the day. Lincoln,
much concerned about the constitu-
tionality of the acts of his admins
tration, had the court increased from
nine to ten, to enable him to put a
powerful friend on the court. Thus
the size Of the court was largest under
Lincoln. But Congress, fearing that
Andrew Jackson might get a chance
to fill a vacancy on that aging court,
reduced the size of the court from ten
to seven by providing that no vacancy
should be filled until the court reached
seven. Then, just as soon as Grant
was in Office Congress promptly in
creased the court, which in the mean
time had been diminished to eight,
back to nine, and with the retirement
of Judge Grier for infirmity, Grant
had two places to fill on the court. and
he filled them with judges known to
favor the legal tender acts.
The constitutionality of those acts
was the burning issue Of that day.
The very day he appointed these two
judges, the Supreme Court. by vote
of five to three. held the legal tender
acts unconstitutional But with these
two new judges on the court, the cases
were all reargued and opened up. and
the opinion holding the legal tender
acts unconstitutional, rendered few
months before, was reversed, and the
two new judges appointed by Grant
did it. Does any one today condemn
Grant for appointing to the court two
judges who were known by him to
favor the legal tender acts, and there
by enabling the court to sustain the
policy Of the administration by re-
versing itself?
The Supreme Court has had its size
changed six times in its history and
it was charged that each change was
dictated by politics. That Is to say,
certain national policies were being
affected by the court as then consti-
tuted, and its size was enlarged or
contracted in an effort to make the
Supreme Courts opinions conform
more nearly to the policies of the ad-
ministration in power. In the light
of our history it cannot be contended
that the proposed legislation is un-
precedented. 1t has ample authority
in our history. Indeed, Congress has
used its power to regulate the courts
procedure and jurisdiction to guar
antee that its decisions did not upset
the policy Of the Government.
Adams had the size Of the court re-
duced so his successor, Jefferson,
might not have a chance to appoint
member OF the court. Jefferson had
the Supreme Courts term abolished
for two years that it might not inter-
fere. The Congress, increased the
size Of the court to accommodate Lin
coin, but reduced the size of the court
to thwart johnson and promptly in
creased it to accommodate Grant But
1t Is said these were not large
changes-let me remind you that in
the days gone by they changed the
size Of the court enough to meet their
problem. If it was all right to change
the size of the court nv two to helm
Grant, and by three to thwart john