Evening star., 1937-07-13

ed seriously here as an indication Of
the lengths the Roosevelt regime feels
1t has right to 60 in order to force
the Supreme Court to decide cases as
the Executive may desire But here is
the exact language of this portion of
the debate between Senator OMa-
honey of Wyoming, opponent of the
court plan, and Senator Logan, as
taken from the Official record
Mr.. O'Mahoney-Did understand
the Senator correctly when I thought
I heard him say that any act OF
Congress which would be within the
letter c. the Constitution would be
within its spirit?
Mr.. Logan-I said it, because I
said there was no difference between
the letter and the spirit of the Con-
stitution, plainly expressed.
Mr.. O'Mahoney-And if the Con-
gress should refuse to appropriate for
the executive arm of the Government
would that be within the spirit OF the
Constitution?
"Mr. Logan-Absolutely within both
the letter and the spirit of the Con-
stitution.
All Right TO Kill Court.
Mr.. O'Mahoney-Then is it the
opinion OF the able Senator from Ken
lucky that the Congress of the United
States, by withholding appropriations
from the judicial arm and from the
executive arm of the Government,
would be within the spirit of the
Constitution by striking down the
other two coordinate branches?
Mr.. Loean-That which is specifi-
eally allowed by the Constitution itself
the Congress may do, and it is within
the spirit Of the Constitution. No one
can dispute that !" ="
Senator Logan went on to say that
the procedure he had outlined was
justified because there was no other
check upon the alleged autocracy of
the Supreme Court. Senstor O'Ma-
honey replied, however, that tbs best
check on Supreme Court decisions was
to submit constitutional amendments
In the future Is had been done in the
past.
Stretching Matters.
Senator Logan, of course, is stretch
Ing matters to say that Congress would
be within the spirit OF the Constitution
or the letter either II 1t refused to ap-
propriate funds to pay the Supreme
Court expenses each year. Actually
the Constitution stipulates that there
shall be lone Supreme Court" and
vests IN that court "the judicial
power" OF the United States. The
mere fact that the Constitution Gre
ates the tribunal would seem to prove
that the trainers OF the Constitution
did not intend that any session of
Congress might destroy the Suprer I,
Court by the simple device of refusing
to appropriate. As a matter Of fact, if
this reasoning were true, a President
OF the United States could in effect be
rendered helpless in ONCE by a hostile
majority in Congress who refused to
appropriate either his salary or the
expenses OF the White House.
No such method OF attack on the
acts Of a Chief Executive was con-
templated by the Constitution, which
provides method OF impeachment for
removing Presidents guilty of i'm
proper practices. The Congress was
never intended to be policeman over
the judicial branch Of the Govern
ment either.
Would Destroy Balances.
Senator Logan's conception would
make Congress the supreme branch OF
the Government, with greater power
over the other two branches than ever
was limited by any declaratio pro-
nouncement, speech or writing of anv
kind by any of the men who framed
the Constitution of the United States
The debate over the packing" of
the Supreme Court is bringing out
very clearly the revolutionary theories
which have been developed by the
Roosevelt administration toward the
traditional system Of government
which has been in operation for $50
years under 4 written Constitution,
The opponents Of the packing" plan
have stood stanchly by the docu-
ment, declaring that court packing is
not only against the letter but the
spirit Of the Constitution. The de-
NEUTRALITY-SUSPICIOUS. McCarran, O'Ma-
honey, Burke, Bailey and Wheeler. to