The Waterbury Democrat., 1937-02-18

washington. Feb. 1s.-Despite
strong opposition which has arisen
against the presidents supreme
court reorganization plan-some Of
Il In quarters where 1t wasn't anti
cipated- there Is still plenty Of rea-
son to believe the n1eSauIe viii pass
the senate as well as the house.
Roosevelt himself is confident. His
pride and prestige are involved as
never before IN a legislative fight.
He Is ready, according to those who
have talked with him, TO be "as
tough as it takes"
Didn't Expect Split
The worst blow the administra-
ton has had was the refusal Of such
undiluted liberals as Senators Nor
ris Of Nebraska, and Wheeler OF
Montana, to fall In line behind the
plan TO appoint additional justices
to the supreme court when justices
over 20 fail to retire. The liberals in
side and outside congress are split.
Senator LaFollette Of Wisconsin
leads the contingent of senate pro-
eressives standing by Roosevelt
Roosevelt did not expect this split
His emisSaries are urging the wan
dering ones not to fight the battle
Of the republican party and the
American Liberty League.
Dissenting liberals nearly all
favor constitutional amendment
70 achieve what Roosevelt hopes
70 get by short cut. The one
proposal behind which seekers Of
an amendment arc getting togcth-
eF, calls for a congressional veto
over the supreme court. Even IL
. two-thirdS vote TO upset a SUI
preme court decision as 10 con-
stitutionality were required, this
plan would involve a much more
vital transfer Of power and upset
Of fundamental government pat
tern than the proposal Of the
president.
Roosevelt will promise to support
such an amendment In return for
half D dozen more Senate votes for
court reform now.
But II the president can't get the
liberals all lined up with him In
some such manner, there Is the more
unpleasant possibility he will win by
trnding judicial patronage with po~
litjcal machines and materialistic
senators.
Ready to Bring Pressure
Roosevelt Is all set to be ruthless.
If he finds 1t necessary, the pres
sure applied to individual members
will be heavier than anything they
previously have encountered. And
the bats dangled before undecided
members will be correspondingly
more tempting.
The Roosevelt record ON APP
pointment Of federal judges isn't
pretty and II may become far
worse. As the bill now stands, the
epresident conceivably might have
as many as a dozen appointments
to $20,00O-a-year jobs on the SUI
preme court, about as many cir
cult court justiceships at $4,000
and even more district judgeships
at $4,000. New judges must be
confirmed by the Senate, but fed
eral judges are q recognized item
Of senatorial patronage.
.Packing' Not New
This prospect is not savory. But
remember that the great John Mar
shall was packed" into the supreme
court In the last month OF President
John Adams term SO he could OBJ
strict the liberal program OF the
incoming Jefferson. Grant appointed
two new justices only after assur-
ances OF support. Theodore Roose-
welt accepted Oliver Wendell Holmes
only after being assured Holmes
would be sympathetic to his pro-
gram. Few persons believe Herbert
Hoover's appointment OF Chief Jus
tice Hughes had nothing to do with
Hughes campaign speeches 1or
Hoover In 1928.
Roosevelt doesn't want TO be an
impotent executive because OF SUI
preme court obstruction. That was
why he made his proposal instead OF
seeking an amendment he feared ne
couldn't get and that's why he will
be In no sense squeamish IN nght-
ing for victory.
TCorvra~ht 1877. NEA Service, Inc.)