The Washington times., 1937-03-23
CONTINUED from Page II

Continued from rage ~
court that will lift the cloud OF
doubt from number of New
Deal measures now in process
of preliminary adjudication and
to provide in advance for ia
vorable action by the Supreme
Court upon a number of meas
ures not yet formulated"
Such a proposal. said Moley, lis
wholly inadequate to meet the
present situation and is so deStruc-
tive that it may obStruct progress
sive development in the future as
well.
Three Main Objections
Moley's three major objections
to the Presidents plan were:
First. it is based upon emer.
xency-Or if you will, crisis
psychology. 1t is submitted as a
makeshift, unsatisfactory pana-
cea accompanied by apologies
that a better solution is not posi-
BILE.
Second, it does not offer
permanent solution. 1t does not
nrevent the recurrence of exactly
the same evil it is designed to
remedy.
Third, 1 believe that this pro
posal is inadequate because 1t
will still leave the Congress with
out specific powers it needs to
regulate industry and agrlcul'
ture in the public interest"
Pointing out that even If the
President now names six new JUS,
ticeS, they too will grow old and
permit a future President to name
as many more, Moley declared.
81 do not want to fasten our
present reforms on future gen
eratiOnS." )"
Moley challenged the perma-
nency of the Presidents plan.
Sees Future Staked
He asked if Mr.. Roosevelt's
recent utterances meant there
were Ito be no more amendments
to the Constitution" and "our
constitutional destiny is to be
vested in a long succession OF
reinvigorated courts" adding:
"If we accept these infer
ences then we are indeed
abandoning the idea of & gov
ernment of law not men, or a
written Constitution outlawing
personal government, protecting
minority rights and defining the
limits of government power"
Moley, in conclusion, said:
I'VE will have to answer to
our conscience and to future gen.
eratiOnS if we abandon that
American method which, despite
minor flaws, has proved to be
the trueSt and best avenue to
the achievement of desirable
ends. That method is to tell the
public in an orderly fashion pre-
cisely what is necessary in the
way Of economic and social
change, to seek to convince the
people of its wisdom, and then to
ask approval of the change.
"The ends which Mr.. ROOSe-
velt has so cOurageOuSly made
his own can be achieved within
the grand mosaic of the Ameri-
con constitutional tradition. But
to seek to achieve them through
the DISRUPTION of the American
tradition is to open the way to
the death of the ideals that gave
them birth"
Condemnation of Presiden
RooSeVelt's judiciary plan as i'm
practical by Chief Justice CharleI
Evans Hughes has the unanimou
support of all members of the Su
preme Court, it was declared toda!
as rumors of a possible compro
mise spread through the Capitol
Poll Is Reported
One opposition leader reported
the entire membership of tn
Supreme Court opposed the presi
dental plan. He said the member
ship has been "polled" since Chic
Justice Hughes wrote his lette
to Senator Wheeler CD of Mon
tana, condemning the plan as cel
tain to impair the efficiency" o
the court, and that all justice
concurred in his conclusions
Hughes himself announced Assoc
ate Justices Willis Van Devante
and Louis D. Brandeis had cor
CURED in his findings.
RumorS of a compromise wer
started when several non-commit
tai Senators approached oppos
ton leaders to discuss the poSsibi
ity of agreeing upon a constitu
tional amendment as substitut
for the presidential plan. Their
was no indication of an immediat
agreement, since most Administrs
ton Senators will oppose such