The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1937-03-17
HITS EFFORTS
TO ABANDON
TESTED PLANS
Tradition SCATTERING Talk
Charges "Wilful
Opportunism"
COURT CHANGE FOES
GREATLY CHEERFD

WASHlNGTON, mar. II. (Of)
A tradition SCATTERING denun-
citation Of "wilful opportunism"
by Justice James C. McReynolds
spurred foes Of judiciary reorgan-
ization today in their fight against
President Roosevelt's plan to en-
large the supreme court.
The 75-year-old associate JUS
tice delivered what appeared to
be the first politically-significant
address by a member Of the court
since Civil War days. He said
that losers in q judiciary dispute
should be good losers" and as
sailed one-man governmental ten
denotes In an informal talk at q
fraternity banquet.
"There u.s." McReynolds said, "a
strange restlessness, q strange de-
sire to break away from that
which Is proved-to rule or ruin"
And again, the justice declared
that the nations government IS
too complicated to manage "intel-
ligently" from q central point in
Washington.
"The man who can do It," he
declared, "has not been born"
He defended, too, the indepen-
dence of the judiciary, comparing
it to q delicate "balance wheel"
in the complicated government
machinery.
"There is q strange disposition
to forget that great Injunction to
prove all things" McReynolds
added. "Whoever loses in q judi.
ciary dispute should be a good
loser"
Foes Of the Roosevelt judiciary
program hailed his remarks as aid
ing their attack. Supporters Of tho
president privately were inclined
to reply by referring to McReyn-
dds record as a so-called ICON.
sentative" justice.
"I have been more than com.
pensated for getting of q red.hot
stove to be here" Senator Tom
Connally, D., Texas, opponent OF
the court plan, said Of McReyn-
olds' remarks following the fra
ternity banquet.
McReynolds became the first Of
the nine members of the tribunal
to comment on the dispute which
has resulted from the presidents
plan to enlarge the court.
He did not refer to the plan.
"The supreme court Is like tho
balance wheel Of q watch" Nc:
REYNOLDS said. "Take it out and
the works will not function" He
added that "the courts decide only
the things that are submitted to
them"
The justice spoke at a Foun-
der's Day banquet Of Phi Delta
Theta. social collegiate fraternity
of which he is member. He was
one of several prominent alumni
of the fraternity called upon to
speak extemporaneously.
ITO be a Judge Is not agreeable
work in many ways" he said.
"We're in o troublesome world.
There Is q strange common unrest,
a strange disposition to forget
that great injunction to prove all
things.
"There is q strange restlessness,
q strange desire to break away
from that which Is proved - to
rule or ruin.
at is difficult to understand
this wilful opportunism."
McReynolds said that he had
always tried not to forget the
oath taken by all officers OF the
United States to support the con-
sitution. 49,,
He told what he said he has had
In mind during his many years on
the bench-"to protect the poor
est darkey in the Georgia back
woods as we'll as the man in tho
mansion of Fifth avenue, and
have the same obligation to the
man in the mansion on Fifth ave-
nue. as to the humblest person In
any walk of life."
Senator Frederick Van Mugs,
D., Ind, opposed to the change,
declared that McReynolds' speech
would aid the fight against en-.
largement Of the court.
"It 10 rather unusual" he said,
"but II is Indicative Of the feeling
that has been aroused by this
court controversy"