Evening star., 1937-05-31

parts of the ad-
ministration pro- David I,wr.nc,
gram not yet
passed upon by the courts.
The President was asked by the
newspaper correspondents if the rec
ord of the Supreme Court in the
term just ending was such as TO
Justify the withdrawal of the re-
organization bill. This query was
prompted by the fact that the New
Deal has won a series of decisions.
There was something severe in the
question itself, for it implied that
which is not conceded, namely, that
the Supreme Court has been coerced
since the packing plan was an
nounced on February S last.
Most of us who believe in the in
tegrity of the Supreme Court and its
freedom from political bias believe
that the decisions of the Court since
February were fully justified by
precedents established before Febru-
airy s. Apparently Mr. Roosevelt be-
3ieves the same thing, and to his
credit 1t should be recorded that he
does not feel the decisions rendered
in the present term constitute any
real assurance that the court will up
hold other laws enacted by the New
Deal.
Keeps Bill Before Congress.
In other words, the President un-
compromisingly keeps his bill before
Congress so as to influence future de-
cisions of the court by the simple
process of providing, or threatening
to provide, the court with members
who hold views on public questions
similar to his own.
Mr.. Roosevelt has been urged to
compromise. He may do so. But it
will be on minor points and not on
the basic principle.
Thus it is now apparent that the
matter of age of the justices was
really a minor point after all. The
objection was not to the age of the
justices but to the opinions given by
some who happened to be of advanced
age.
The President, therefore, can with
to the main principle, which is that
he be permitted to appoint some new
judges who believe as he does about
constitutional Interpretation. Mr..
Roosevelt in effect would be waving
the age requirement should he decide
to appoint Senator Robinson of Ar
kansas, who is past 60. Robinson's
appointment would be popular in the
Senate. though somewhat unpopular
with the so-called young liberals who
think he is bit too conservative.
Might Appoint Norris.
There's way Mr.. Roosevelt can
satisfy both camps in his own party.
He can appoint Senator Robinson to
one vacancy and then as another va
tancy occurs-a resignation is expect
ed this week-he can appoint Senator
George w Norris of Nebraska The
merit of these two selections apart
from any other is that the Senate
would confirm them both without a
prolonged contest or debate
1t is true that Senator Norris hap
pens to be rs years old, but as stated
before, Mr.. Roosevelt might be willing
to compromise on the age require
ment so long as he gets the right
judges. Mr.. Norris is the father of
the T. V. A. legislation, and this is one
OF the most important laws on which
a number of future decisions are
bound to be forthcoming In fact,
Hr PnncpIo1t h
tain aspects of the T. V. A. as being
vital to the success of that part of his
future program which must run the
gantlet of the courts.
Mr.. Norris was originally on the
bench. He is held in highest esteem
by his colleagues in Congress- This
correspondent has often differed with
Senator Norris, but believes him, nev-
ertheless, faithful public servant and
one who would make a conscientious
Justice of the Supreme Court of the
United States.
Comment of Roosevelt.
Mr.. Roosevelt during the last cam
paign said of Mr.. Norris that he would
like to see the Nebraskan stay in the
Senate for life. There is no such
thing as life tenure in the Senate, but
there is on the bench. Mr.. Roose-
velts wish would be gratifed if he
were to put Mr.. Norris on the Su-
preme Court. The Nebraska Sena-
tors talents would then be transferred
from the legislative branch, where he
has had long record of devotion to
duty, to a place on the judicial branch,
where it can be assumed he would be
equally devoted to the cause of liber-
alism.
Senator Norris is active and vigor-
Gus, Notwithstanding his rs years of
age, and since age is really not the
important point any more in the
Presidents plan to reorganize the
court, and since the emphasis is on
whether judge has the Rooseveltian
approach to the Constitution, the ap-
pointment of the Nebraska Senator is