Evening star., 1937-04-07
Court
Continued From First Page.

anything on the table. However, he
sees to it that the only things put on
the table are things he can digest"
Twenty-three members of the Ford
ham faculty signed the resolution pre-
sented by Wilkinson. 1t said:
The undersigned members of the
faculty of Fordham University School
Of Law, although holding various po-
litical opinions, are opposed to the
plan of the President for reorganiza-
ton of the Supreme Court of the
United States because they regard the
proposal as undesirable and danger
Gus to the maintenance of free and
independent judiciary which Is essen
tial for the continuance of constitu-
tionAl democracy in this country.
This statement OF their views is
made by them individually and not in
the form of a resolution OF the faculty
Of the school"
In his own statement wilkinson de-
clared the Presidents program was
dangerous to the continuance Of con-
stitutional democracy.
Warns Of Effects.
Declaring the ultimate effects of the
court bill will be to undermine the in
dependence of the Supreme Court and
indirectly of all courts, Dean Wilkin-
son added:
Independent courts are the last
bulwark Of the citizen, where his
rights reserved to him by the Consti-
tuition come in conflict with govern
mental agencies"
| He told the committee lit may be
conceded that the legislation the
President has In mind is intended en-
tirely for the general welfare, and
therefore, valid under his construc-
ton Of the Constitution. Neverthe-
less" he added, "his plan contem.
plates q material change In the per.
sonnel Of the Supreme Court because
Of its disagreement with this con-
struction. 1t Is submitted that the
precedent set, II the Presidents plar
be adopted, would be neither wise nol
safe in a democracy"
Warning against castigation Of the
court merely because its decisions dc
not conform to a current trend In
politics, Dean wilkinson declared:
1T the Supreme Court is to be made
to respond always to the prevalent
sentiment of the moment. ultimately
it must become wholly subservient te
public opinion"
He did not contend the court shoulc
ignore social changes in reaching it.
decisions, but said:
ITO take these factors into account
is one thing To make them absolutely
controlling is another"
Questions Constitutionality.
Questioning the constitutionality ol
the bill, he asked: rs the plan con.
stitutional attempt to pack the court
or Is 1t possible an unconstitutiona
measure to push the older justices
into retirement"
In addition, he also said the evi
dence at hand indicates the addition
Of justices is unnecessary to enable
the court to keep up with its work.
Senator Logan, Democrat, Of Ken
lucky told Dean Wilkinson that /
he had his way he would report boti
this bill and Senator Burke's amend
ment to the Senate and let them de-
eide which they want"
Burke has indicated he would sup
port an amendment requiring a two
thirds vote of the court to invalidat'
an act Of Congress.
Logan asked why President Roose
welt or the Senate would seek Justice
who would support New Deal laws.
Dean wilkinson replied:
well, II the Senate passes thi'
bill, it would be very likely to go alonf
and confirm the Presidents nomi'
nees."
Logan said he did not think an!
Senator would vote to confirm
nominee who had "s,lrrendered his In
dependence"
Taking issue with q statement b.
committe members that the power ex
lists to appoint new justices to offse
those who are incapable OF doing thel
work, Dean Wilkinson said:
1T would be . terrible and dan
gerous thing to empower any Presi
dent to pass on the mentality o
judges" =.
Senator Burke announced the Wit
neas this Afternoon viii be Fred Thy
lW Wilson, constitutional writer.