Evening star., 1937-03-03

tices over 70 retire came from Senator
Vandenberg, one of the first among
leading Republicans to enter the ora
torical battle.
No matter what its purpose and
no matter how nobly meditated." said
Vandenberg, "the effect would. be to
control the court with judges reflect
ing the presidential point of view.
Presidential Control.
This in effect is equivalent to pres
idential control Of constitutional in
terpretations in a court which must
not be subordinated to any other
branch of. the Government If the eS-
sential checks and balances Of the
American system shall persist to guard
our freedoms.
The change OF Interpretation Is
not sought through q constitutional
amendment, which would permit the
people Of the UUnited States to decide
for themselves whether he (the PreSi-
dent) is right or wrong. 1t is sought
through a change in Supreme Court
personnel"
Vandenbergs Democratic colleague,
Senator Brown of Michigan. also
spoke After declaring he sympathized
with Mr.. Roosevelt's objectives, he
said:
Il cannot bring my mind to agree
that the Executive under authority
from the Congress should be given
the power to add. six members to
nine-man court with the obvious in
tent to change the views Of the court.
I do not think it necessary"
Brown predicting a compromise,
said he favored constitutional amend
ment requiring 7 to Supreme
Court vote to hold an act Of Congress
invalid.
Too many judges have been taken
from the ranks of big business" he
said, land have projected their con-
servatism in defense of property and
privilege, into the judge-made laws OF
this country.
Il agree with his (Mr. Roosevelt's)
condemnation Of the present situa-
tion, but have not yet brought my
mind to the conclusion that his solu-
ton is the right one"
These radio addresses came at the
close of day which saw Senator Logan.
Democrat. of Kentucky indorse the
presidential measure and Representa-
tive Summers, Democrat Of Texas as
sert, in the House, that the way Is
open for members of the supreme
bench to retire and thus be Co
operating with their Government"
Summers address in the House
called attention again to the hopes
of several leaders that recently en-
acted bill, giving Supreme Court
members the privilege Of retiring on
full pay at 10 years Of age, would
bring Withdrawals and diminish the
tension of the controversy.
Question of Self Respect.
"It will never be regarded, and it is
unfair to intimate it." Summers said,
that when these justices reach the
point where they feel they should ease
u in their work anu that the public
interest requires that their regular
duties be assigned to a younger person,
that there would be any lack Of self
respect to retire under the provisions
of this bill. They would only be CO.
operating with their Government,
which has extended to them that priv
ilege.
THE public ought to know that If
any of these gentlemen of the Supreme
Court retire they could do 1t volun-
tarily. They do 1t because they feel
it is fair to themselves and fair to their
Government, which gives them this
privilege"
The court matter" can be worked
out, he continued, "withou. hurt to
the public interest, without leaving
any sores, if unselfish patriotic motives
guide our efforts There Is no inherent
reason why this cannot be done If that
cooperation and mutually respectful
attitude of the legislative branch, the
executive branch and the judicial
branch of the Government for each
other, and that regard fo- the Nations
interests which the country has
right to expect In this emergency, k
shown.
THAT will make the desired result
not only probable, but certain"
Logan expressed his views in q Sem
ate speech. which was repated In part
on the radio last night. He denied as
sertionS that the bill Is. directed at
packing" the Supreme Court to OBJ
tain decisions favorable to administra-
ton legislation.