The Western news. [volume] (Libby, Mont.) 1933-current, 1937-04-15

eTnOTS OF states, mayors OF Cities
or other local officials, but up to
date there has been no clear-cut
case where application of this COM
parison to the federal government
seems logical.
Can Ask Federal Aid
There has been some loose talk
about local governments calling on
the federal government for aid but
this is scarcely a question calling
for new legislation. That power ex-
lists today.
For instance, II a sit-down strike
should occur in a condensed milk
plant in the state Of New York, and
If the New York state authorities
sought by force to eject the strikers
from the plant. precipitating riots
with which the state forces we're
unable to cope, the governor OF
New York could appeal to the Pres
ident for federal troops to aid him
in restoring order.
There has never been any ques-
tion about the power OF the state
governors to call for such help, or
of the power of the President to
extend it II he considered the re-
quest justified. 1t is purely ques-
ton of policy with both local and
federal executives. No legislation
| for such an act would be necessary.
Indeed, senators studying the situ-
alton say that no legislation Is like
ly which could add anything to ex-
listing powers.
One development may be forced,
however, by the conference on this
situation and by subsequent at
temps to obtain legislation. Up until
now labor leaders have rather avoid
ed responsibility for sit down
strikes. They have affected an at
titude of not having planned or or
dered them, and of being slightly
embarrassed by hot-heads among
| their lieutenants.
But in any federal move to curb
this new weapon 1t is certain that
| John l.. Lewis and his Ieutenants
will be forced to take different
| position.
Supreme Court
Most OF the new arguments for
and against President Roosevelt S
Supreme court enlargement plan
continue to be just as beside the
point, and not actually applicable
to the controversy, as those adj
vanced originally. Take, for in
stance, the latest attack ON "star
chamber" methods by the court in
deciding on writs of certiorari,
made by Senator Kenneth .. Nc
Kellar OF Tennessee.
| Senator Mcclellan apparently
would have the justices hold in pub
lie their discussion OF whether or
not they would issue writ OF GER
tiorari. In short, all the reasons
why the individual justices might
think a case should be ordered up
from the lower court, to be heard
by the Supreme court, should, il the
Mcclellan proposal means anything,
be spoken in open court, with news
paper reporters and lawyers and
| the public present.
| Actually, OF course, there is never
any such public discussion of cases
by the court even In cases which
are heard. The nearest approach
to it is when, in hearing arguments
in a case, individual justices ask
questions of the counsel
Sometimes these questions are oil
profound interest to lawyers try
ing to figure out how the court will
decide the case then being heard.
Once in a while the questions make
a good newspaper story.
Secret Discussions
1t is the secret star chamber =
Senator Mcclellan would call it
discussions of the justices later,
with no reporters, no interested at
torneys, and no public present
where the real views OF the justices
on the case involved come out
where the real deciding arguments
are made.
The present point is that IL Sen.
ator McKellar's attack on the meth.
! cd OF handling writs OF certiorari
is sound, it would seem to be equal
ly sound that the discussions by the
justices on cases which have beer
| formally heard by the court should
also be public-not 'star chamber. =
This would be mighty interesting
to lawyers-and reporters. Beyond
question, the thing most Washing
ton attorneys would rather do thar
almost anything in the world woulc
be to hide under sofa while one
of these discussions Yves going on
But then there are reporters wht
would like to hide under sofas a
cabinet meetings.
However, most lawyers. com
menting on the Mcclellan proposal
! take the view that certainly sucl
open discussions would not accom-
plish the situation desired by TIL,
President--or by Senator Mcclellan
For obviously. If such discussion