Evening star., 1937-02-09
THE POLITICAL
MILL
BY G. GOULD LINCOLN.

JusticeS De increased is Jnat the prop0-
sition be kept out of partisan politics.
There is no desire to make it Repub-
lican issue, in opposition to the Presi-
dent. The opposition, up to date, has
been as strongly expressed by some Of
those who supported President Roose-
velt for election as it has by some Of
those who opposed his election. The
administration and its leaders on Capitol
Hill will make every effort to make
President RooSevelt's judiciary bill a
party affair. and to line up the Demo-
Gratis in House and Senate in support
OF it. The vast influence of the Presi-
dent will be thrown back of the measure.
1t remains to be seen how many of the
Democrats are willing to buck the ad-
miniStration in a matter which the
President has clearly indicated is of
utmost concern to himself.
~ xx
Among the Democratic members of
Congress who so far have come out fiat
footedly and openly against the measure
as 1t relates to the Supreme Court are
Senators Van Nuys of Indiana, King of
Utah. Bailey of North Carolina, Byrd of
Virginia and Burke of Nebraska. There
are many other Democratic Senator's
who are withholding their decisions re-
garding the bill. Senator Hiram john
son of California, who vigorously advo-
Gated the election OF President Roosevelt
in 1882 and supported New Deal meas
ureS during the Presidents first term of
ONCE, has joined with great definitenesS
and clarity the opposition to the Presi-
dents bill. The California Senator is
no mean opponent, as has been demon
strated many times in the past He has
been credited with having lost the presi-
dency to Chief Justice Charles Evans
Hughes in 1916, when California cast
the deciding vote as between Woodrow
Wilson and Hughes. Now, it seems. he
is to be aligned with the court of which
Mr.. Hughes is the Chief Justice against
the man whom he, johnson, supported
Tor President four years ago. The SEN
ator did not go to California during the
last presidential campaign and took no
active part in that struggle. If he did
not come out for Roosevelt, neither did
he, on the other hand, help in any way
his opponent, former Gov. Landon of
Kansas.
The administration is lining up the
Democratic leaders of the House and
Senate to support the judiciary reorgan-
lzation bill. If they have any mental
| reservations in regard to the measure
they are saying nothing about them, and
they may be expected to go down the line
for the President in this matter. Al
ready the Democratic whip of the House
has estimated that the bill will pass that
body with lead of 100 votes. How well
justified that prediction is, it is diff
oth
who insist the bill will have a much more
difficult time in the House No one has
yet made an estimate for publication
regarding the bills chances in the
Senate. The President, however. will
have as ardent supporters in the upper
house as he will have opponents Many
OF the Democrats there have already
openly championed the measure, among
them Senator Morris Sheppard of
Texas and Senator Guffey of Pennsyl-
varia. Senator Robinson, the Demo-
cratic leader. has predicted that the
Senate will take favorable action on the
bill although he has not mentioned the
majority by which he expects it to pass.
4
One of the interesting side phases in
this Supreme Court fight is the appar-
bers of the House and Senate to press
Tor constitutional amendment which
would give the Congress authority to
enact laws regulating commerce and in
dustry labor and agriculture, or perhaps
for an amendment curtailing the powers
OF the Supreme Court. The National
Conference on Constitutional Amend
ment, which has headquarters in the
pIIildit1r Il
conference of distinguished men and
women will be held in Washington
March ID to 20 "to consider means of
adjusting Government powers as be-
tween legislatures and the courts" Sem
ator George w. Norris of Nebraska,
strong supporter of President Roosevelt
is to preside at the conference Some
Of those members Of Congress who are
demanding constitutional amendment
rather than any attempt to change the
personnel of the court so as to get more
liberal interpretations Of the Constitu-
ton are expected to participate in the
coming conference.
How widely divergent are the views of
those seeking means of adjusting Gov
ernment powers as between legislatures
dIiu Iiic COuIlS Is lflUlCdCeQ Dy
few paragraphs from the statement
announcing the call for the conference,
which say:
While the denial of democracy by
judicial veto or suspension of legislation
is recognized, there is disagreement as
to remedy. Some contend that the con-
stitutional grants are sufficient but are
unduly restricted by the Supreme Court.
They maintain that in the process of
time the court will be made more liberal
through new appointments, will reverse
its restrictive interpretations, and con-
cede adequate powers to Congress and
the States.
Others urge that a decision invali-
dating legislative act should be by
more than majority of the court. Still
others say it is only necessary that
Congress restrict judicial review by reg
ulating the jurisdiction of the inferior
Federal courts and the appellate juris-
diction of the Supreme Court.
Another group insists that the en-.
largement of the constitutional grants
as well as restrictions on judicial review
is necessary"
A table, comparing the powers of the
highest legal tribunals Of the principal
nations OF the world with those powers
of the Supreme Court of the United
States has been issued by the United
States Constitution Sesquicentennial
r,l,;e &oh eb1u,s +t>aA