Evening star., 1937-08-01
BY MARK SULLIVAN.
HE value of the rejection of the
Presidents court rneas sllrn is

Presidents court measure is
enormous. Is it ungrateful to
Il wish the value we're even
greater? Is it ungrateful to say the
value would have been greater if the
rejection had come in another way?
I am going to make this point. I
am going to make it because it con-
Germs politics in the near future But
first let us emphasize how great a
boon the rejection of the court meas
ure is:
We have escaped the threat that
the Supreme Court might be made
Subservient to the President More
than that, We have probably estab-
llshed the independence of the judi
ciary. as a principle, more firmly
than before.
To that assertion some skeptic read
er may say, How come-the indie
pendence of the court was already a
fixed principle" The answer is that
now the principle has been put to the
test. Attempt has been made to un-
seat the principle and the attempt
has failed
Tradition Strengthened.
That the Supreme Court shall not
be tampered with is now an American
tradition stronger than the one against
third term for Presidents For the
tradition against a third term has
never been put to clear test. CUnless
We say there was a test in Theodore
Roosevelts 1912 attempt to get an
other term four years after having
served one full term in his own right
and one partial term as a Vice Presi-
dent succeeding a President who died '
The tradition of the independence of
the court is as strong as the tradition
which compels every member of the
electoral college TO cast his vote for
that presidential candidate who has
the votes of the people of his State,
although there is no law that prevents
him from voting for his personal
choice.
1t is not merely the court that has
been saved, Congress has been saved
TOO. We now have an independent
court, funCtionlng as the consciences
of majority of the justices deter
mine, And We now have an inde-
pendent Congress functioning as its
majority determines. without dicta-
ton by. the President. We have to-
Gay, IN short. the Government that
the founders established. a Govern
ment of three branches, each free in
its field
Congress Saves Itself
This point may have been lost sight
of, Had Congress, upon the demand
OF a President. passed a bill which
the President sent to them written
out to the last comma-had that
happened. We would have lost the
independence of Congress What Mr.
Roosevelt said to Congress, in effect
was: Let's YOU and me together de-
stroy the independence of the Su-
preme Court Had Congress ac-
cepted that invitation. Congress
would then have found that it de-
prlved the court Of the power TO pro-
tect the prerogatiVe of Congress it.
self Congress would have been the
next to go. The same action of Con-
eress that would have ben murder
of the court would have been suicide
of Congress.
Through escaping the destruction
of our form of Government We have
saved that which our form of Govern.
nent gives us We have ESCAPED
terror. We need no longer fear thai
the rights of individuals would dis.
appear, that a time was ahead ir
which the Executive would be all.
powerful, in which every citizen woulc
have been at the mercy of the Presi.
cent, in which resistance to the Ex.
ecutive, or criticism of it would be
treason.
Clean Fight Avoided.
Since We have escaped so much
and won so much, why repine about
not having won more? I am not re-
plnlng. But there is interest. anc
future Importance, in the fact that
we would have won more if the re-
lection of the court bill had come ir
a different way, if it had been pushed
to clean fight on the issue, both in
Congress and throughout the country
Had the fight been pushed to a
conclusion had Mr. Roosevelt and
his friends fought on to the END
instead of surrendering-had that
happened. the opponents of the court
would have won. And their victory in
Congress would have led to a further
{v
elections. AS it is now, the issue in
next years elections may be confused
The public should understand lust
how the court fight came to an end
Cmlttlng many details. a major fac
tor in the ending was Vice President
Garner. I have no knowledge about
just what Mr.. Garner said to Presi-
dent Roosevelt. The common as
sumption-and the conditions make
the assumption very proba ble-is that
Mr. Garner said in effect: Mr.. Presi.
dent. you can't win your court fight
in the Senate. you haven't got the
votes" Mr.. Garner advised the Presi.
dent to surrender, and the Presiden
did.
Sunk After Surrender
Az respects the court fight, it wa!
surrender, it was not a compro
mise. BY the terms of the agree.
ment between the Presidents Friends
and the opponents of his court meas
ure, the measure was put out of ex'
istence, completely and forever. 1
was sunk without trace"
True, the agreement included {
provision that a new measure hav
ing to do with the courts should b.
introduced. But the new measure
has no faintest relation to the oil
one. It was specifically agreed tina
no measure containing any mentor
OF the Supreme Court should be in
troduced. The new measure deal
with the lower courts only. AM
The neu neoc1ra oroitS eVarvt I,i,,