Evening star., 1937-03-29
By the Associated Press.

By the Associated Press.
Senator McKellar Democrat, OF
Tennessee, in the hrst administration
reply to Chief Justice Hughes letter
on the Supreme Court, told the SEN
ate today the Hughes document did
not meet President Roosevelt's "chal-
lenge"
McKellar said the Chief Justices
letter, in which he asserted an in
crease in the size Of the court would
impair" is efficiency, was filled up
with excuses for the tribunals dis
missal of 81 per cent Of the petitions
for writs of certiorari.
Mr. Roosevelt, in recommending his
court reorganization bill to Congress,
Mcclellan said, made the issue per-
fectly plain'-that "the court does not
and apparently can not give about 81
per cent of the certiorari cases the
attention that such cases are entitled
to receive"
The Tennessee Senator severely
criticized the Chief Justice for not
telling "the people of the country"
how the Supreme Court handles these
applications for writs of certiorari.
He said it was ''un-American" for
the court to keep secret its method for
disposing Of these appeals.
These certiorari cases should be
considered like other cases." McKellar
said Star chamber proceedings have
been done away with in every en-
lightened country. Secrecy Of method
| in presenting facts is un-American
and antiquated and should be done
away with"
Hughes was asked by the Senator
| to write another letter explaining how
| the court examines the certiorari ap-
plications.
Expected to Start Debate.
McKellars speech was expected to
set off another Senate debate on the
Supreme Court issue. Tonight Senator
| Glass, Democrat, of Virginia will make
his first radio speech in four years
to attack the court bill. Senator
Robinson Of Arkansas, the Democratic
| leader, will speak in behalf Of the
| Presidents plan tomorrow night.
Senator Bankhead, Democrat, Of
Alabama meanwhile introduced con-
stitutional amendment to broaden the
Federal Governments power over In
dustry and agriculture. State conven.
tions elected in November would be
asked to ratify it.
The amendment would give power
''to regulate the production, manu-
facture, transportation and distribu-
ton of agricultural and industrial
commodities which affect, directly or
indirectly, commerce among the States
or with foreign countries"
Regulation of hours and wages In
the production of other commodities
would be left to the States.
The Alabama Senator has not de-
clared his position on the Roosevelt
court bill.
McKellar began by saying Hughes
did not disclose why he had addressed
his letter to Senator Wheeler, Demo-
crat, of Montana, court plan foe,
rather than to Chairman Ashurst,
DtInOCEdI, Ul AlGOlld VI t11C I1VuoC
Judiciary Committee. He asserted
Ashurst had cordially invited the
members of the court to testify"
Asserting that the court in 1885 dis
missed 73l applications for wrfts Of
certiorari, McKellar said Hughes had
failed to disclose "how the records Of
these 731 dismissed cases are exam-
ined or passed upon or decided"
"In his letter." the Senator added,
"he gives no information whatsoever
concerning the method Of disposition
Of these cases. The process is still
as much of a mystery as it has always
been. The President does not know
the method. The Congress does not
know the method The lawyers do
not know the method and the court
only knows the method and does not
disclose it."
Certiorari applications are applica.
tions for reviews Of litigation by the
court.
Lists Dozen Excuses"
Quoting the President as saying
81 per cent Of the cases were denied
without explanation, McKeIlar said
(see JUDICIARY, Page A-7)