Evening star., 1937-04-18
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E 600.
BY JOHN H. CLINE.
w Y1TH the controversy over
M President Roosevelt's plan
w to reorganize the Supreme
Court approaching 4 show
down, many extraneous issues have
crept in to befuddle the public mind
So much has been said pro and con
in the press. over the radio and in
countless talks by senators, representa-
tives and other speakers that there u
. growing danger the average citizen
will lose sight Of the most significant
factor In what has been called the
greatest constitutional crisis since the
Civil War.
In the minds Of many opponents Of
the plan to add six new justices to
the court unless those over 70 retire,
IS the belief that whatever merits
may have attached to the proposal in
the first place have been removed by
the recent decisions Of the court.
The real question now Is: Doesn't
Mr.. Roosevelt have what he started
out to get2
Although 1t may seem 4 fanciful
figure, it Is possible to see in the
court fight now . duel between two
great national flgures-Chief Justice
Hughes and President. The Presi-
dent, with every resource ut his COM
mand, Is lighting for the preservation
Of his original plan, while the Chief
Justice. by the clarity Of his phrases
and the force Of his logic TN drafting
two great opinions of the court, has
skillfully maneuvered that tribunal In
to . position Of nberality where It
can better Withstand the assaults Of
the administration.
Course Held Consistent.
It should be emphasized that there
IS nothing inconsistent in the course
followed by the Chief Justice, and no
conclusive indication that he has been
watching the election returns" Even
by many Of his opponents. Mr. Hughes
has been regarded Is an sble and
open minded judge since his ap-
pointment as Chief Justice. From the
very nature of his position, it Is his
duty to shape the policies of the court
to accord with his own views in 30 far
as he can do 50 by debating the intri-
cate present-day problems OF constitu-
tional law with his associates.
The demand for revision Of the
court arose after the justices had In
validated the N. r. A., the A.. A. A.,
the New York minimum wage law and
the Guffey coal act. The President
accused the court Of adopting "horBe
and buggy" conception Of the Consti-
tuition and mapping out . no mans
land In which neither State nor
Federal governments could legislate
to meet human needs.
After studying these decisions, the
President felt 1t would be Impossible
for him to carry out his legislative
program unless he could reorganise
the Supreme Court to secure . more
liberal Interpretation Of the Conyti-
tuition. Consequently, On February 5,
he submitted his epochal court plan
to Congress. 60
Two Major Lines Il ,Attask. 80.
At first the proposal was embel-
hshed with suggestions that some Of
the judges were too old and the court
too few In number to keep UP With
its work and assure all litigarts an
adequate hearing. But this line Of
attack for the most part has been
abandoned. The proponents of the
plan have concentrated their attack
around two main general charges.
First, that the Supreme Court, in
interpreting the due process Of law
clauses, has been inconsiderate Of
human rights when they conflict with
property rights, and, by distortins the
meaning Of these clauses, has usurpsd
the right to pass on the wisdom OF
laws, and has refused to Gtvs legis-
lation the benefit Of reasoaabiei doubt
as to It's validity. -. - .
Second, that the court, by adopting
. narrow, lsgalisttc vssw Of the inter
state commerce clsuss. has shut IT.
eyes to the industrial growth Of the
country and denied 10 the; FEDERAL
Government the right 70 rs1saIats
such national probasms ~ smploys-
employer relationships, child labor.
sweatshops, etc. ..rs..t
For the purposes Of discussion It
may be assumed that these charges
were true when the Presidents plan
was submitted. to Ceusress. But the
important question, the real issue
now, Is whether they rernein true In
the light Of the Supreme Court r,l-
ings on the Washington minimum
wage law and the Wagner act
In these momentous decisions the
constitutional philosophy Of the court
has been stated BY Chief Justice
Hughes In language that sssuns des-
tined to reshape the law cf the land.
In many minds, thsy .coastitute .
dsva3tating reply to the President and
his advisers. ,.>.k -
Perhaps the issue eAn b eaart4ed
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