Evening star., 1937-07-22

While Mr.. Harrison had the backing
OF the opponents of the court plan
The close vote of 38 to 81 empha-
sizes the almost irreconcilable nature
of the cleavage. 1t is true that Sena-
tor Harrison had been counted as will
Ing to vote for the Presidents court
plan, but he has been regarded, on the
other hand, as hardly a believer in
the scheme, going along merely as a
matter Of party loyalty just as was
the case with the late Senator Robin
son of Arkansas.
Harrison Held Logical Choice.
The administration would have been
much better off if Harrison had been
chosen leader Upon him would have
devolved the responsibility of bring
ing harmony in the party, and the fact
that he had so many friends among
the insurgents would have been inval-
liable to the President
II MIR. Roosevelt really had wished
TO heal the breach in the party, he
would have indicated in the custom
ary ways that he wanted the Missis-
slppi Senator selected, but, on the
other hand, he is reported as having
said to one of his callers something
that indicated that he did not feel
Mr.. Harrison would be as energetic in
his behalf as he might be.
Clearly the difference between the
two groups in the Senate on the Dem
ocratlc side is broader than the con-
troversy over the court plan. 1t goes
deeper. 1t is related to the independ-
ence OF the legislative body itself.
There are Senators who believe in the
king -do-no- wrong theory and who
have decided that, right or wrong,
they will subordinate their own con-
vlctions to the wishes of the Executive.
This, Of course. is not the traditional
Interpretation Of the obligations of
representative government, but with
the enormous public funds at the dis
poSal of the Executive and the rather
generous use of public Offices and
appointments to curry favor with
members of Congress, the present
administration operates on the theory
that the end justifles the means.
Issues to Force Split.
The split in the Democratic party
is going to develop as other pieces of
legislation with fundamental princi-
pies at stake are brought before the
Senate, as, for instance, wage and
hour bills and possible amendments
to the Wagner act.
Meanwhile the administration. while
1,,if, Jvi,
velt's effort to drive through a court
packing bill, is trying now to recover
lost ground. The original bill and
now the substitute are beaten. Eff
forts are being directed at revision of
lower court procedure, but this may
run into a snag. The temper of the
moment is to keep hands off the iu-
dietary if the tinkering has any pos
sible connection with political con-
troll of the courts.
Incidentally, the tremendous force
OF public opinion in the court fight
was never better illustrated than in
the letter written by Senator Wag-
ner of New York to Gov. Lehman.
Mr.. Wagner carefully avoided a COM
mltment in favor of the Presidents
bills. This is significant of his reali-
7ation that the people of New York
State are up in arms against tam
perlng with the judiciary. What the
letter did show also was that Senator
Wagner thought Gov Lehman might
better have made his letter public at
some other time when it could not
have done the damage psychologically
as it did here in the last "a hours.
Unhappily, when Senator Wagner
offers Gov Lehman the advice that
I'VE should phrase and express our
disagreements about methods with a
view both to time and circumstance.
In a manner designed to interfere
least with the achievement of our
underlying objectives in accordance
with the spirit of our Government"
he forgot that the very same words
might have been said, if not written
to President Roosevelt himself last
February before he launched his court
plan.
If ever there was time for true