Evening star., 1937-04-21
PATRIOTIC BODIES
FIGHT COURT PLAN
Senate Judiciary Committee
Told "Unqua|ified Stand
of All Societies."
BY JOHN IL. CLINE.

unqualified opposition Of virtually
every patriotic society in the country
Francis H. Kinnicutt, president of
Allied Patriotic Societies, Inc, told the
Senate Judiciary Committee today.
Following Rabbi William F. Rosen-
blum Of New York to the witness stand,
kinnicutt said his group is unani-
mousy opposed to the court bill which
would add six new justices to the Su-
preme Court unless incumbents over TO
retire Kinnicutt explained that they
regard 1t as AN attempt to make
political capture of the judiciary, de-
stroying It's independence and its
capacity to perform its constitutional
functions"
In his attack on the measure, Rabbi
Rosenblum had warned against the
tyranny of popular expediency" and
SAID the court plan is Impractical,
lmperlous impetuous and importunate."
Means Dictatorship"
However noble the aim of the laws
may be, and however sincere or wor-
thy the persons who seek a favorable
decision from the court" he said,
once 1t is established that by means
| OF legislative notifications or other
pressures court can be reconstructed
IN every crisis to meet the demands
OF that crisis, government ceases to
De democracy and becsSnes a dicta-
torship. The tyranny of popular ex-
pedlence may be as subversive a force
as that OF the demagogue and the
dictator"
klnnlcutt told the committee his
organization, composed of delegates
OF more than IS patriotic societies
hao voted unanimously to oppose the
Dill. He said he knew a number of
other patrlotlc societies, not affiliated
with his group, had taken similar
action
among the groups affiliated with
MS organization, Kinnicutt said. are
the New York Chapter of the Sons
OF the American Revolution, Descend
ants OF the Signers of the Declaration
OF Independence, several chapters of
the Daughters Of the American Revo-
luton, Daughters Of America, the
Loyal Legion of the State of New
York, the Huguenot Society," the St.
Nicholas Society, Mayf1ower Descend
ants. Society of New England Women,
Sons OF Confederate Veterans Daugh-
terS OF the Union and the Naval and
Military Order of the Spanish-Amer-
| lean War
He opposed the bill on two grounds
first, that it would destroy the in
dependence Of the judiciary, and. Sec
| ond, that there is no foundation for
the claim that the Supreme Court has
usurped legislative power-one of the
| principal arguments advanced in sup
| port of the bill
| In discussing his second point, Kin
nicutt cited number of cases which,
he said, showed clearly that the court
does not undertake to pass on the wis
dom Of legislation and always gives a
statute the benefit of every possible
presumption in its favor.
"Regimenting Thousands"
| AsSailing what he called the imp
ishness' of the proposal, Rabbi Roe-
enblum said it is imperious because it
Is desired only to carry out immediate
personal aims, even though intended
for immediate public service, and i'm
Fortunate because it is regimenting in
its behalf countless thousands who
falsely regard it as liberal need,
| largely because it does not take into
account the long range values that are
, at stake.
"A democracy" he added, "calls for
sacrifice. The nature of that sacri-
flee may not be the same for all. yet
each may be required at one time or
another to make some sacrifice. A
generation ago so-called big business
had to sacrifice many of its aims in
surrender to our constitutional inter
pretations. Today it may be that the
| great masses may be called upon to
exercise patience in the march toward
a secure future. to forego a mess of
pottage in order to win a birthright
| Of enduring liberty.
America must keep safe from crack
pots and those on the lunatic fringe.
A supreme judiciary which is basically
| immovable, with some notifications
as to age if need be, with a modifi-
cation as to the preponderance of vote
| to legitimatize a decision, with other
notifications which do not strike at
its independence or dignity, is the
Rock OF Ages against which demogog-
uery and dictatorship alike will be
dashed to pieces. 1t is the rock of
democracy, even more, the rock of
destiny"
6-to-3 Vote Favored.
The witness told the committee the
real need is an amendment that would
require a 6-to-3 vote of the court
to declare statute unconstitutional,
rs it without meaning for U.s." he
asked, that in every European coun-
try where relationships have over
thrown democratic forms of govern
ment, even though the legislative
bodies have been maintained. the
judiciary has either been liquidated or
co-ordinated? The coordination of
the supreme Court today to satisfy
an administrative program or popular
wish, unless it is carried out by an
expressed referendum of the people
through amendment or some other
well-considered device may set a pre-
cedent that will end in the liquidation
OF our democracy tomorrow"
Col. Frederick Hobbs Allen, director
OF the Constitutional Democracy As
sociation. told the committee yester-
DAY afternoon that the court bill would
wipe out the protection heretofore af-
1orded to all by the Constitution.
IT you adopt this legislation. he
said, the yellowing parchment on
which the Constitution is engrossed
might we'll be swathed in a shroud,
and, like mummy, entombed in the
vaults Of the Archives Department in
| Hiy ,rv&~ LII -