Evening star., 1937-02-12
THE POLITICAL
MILL
BY C. GOULD LINCOLN.

6I u. GOULD LlNCOLN.
Not since President Roosevelt flrst en-
tered the White House have the Demo-
Gratis in Congress been so divided over
any Of his proposals for legislation as
over his judiciary bill. II he wins his
fight for authority to appoint additional
members of the Supreme Court, 1t seems
highly probable he will be able to get
any legislation he may seek in the fu-
ture. On the other hand, If he is check
mated by the Democratic Congress in
this matter, he may have an increas-
ingly difficult time with other measures.
Perhaps never in recent years have
members Of the Senate and House been
so hesitant about expressing themselves
on measure of major Importance. The
truth of the matter seems to be they are
still waiting, in many instances, to OBJ
tain the reaction of the country to the
Presidents demand with regard to the
Supreme Court. Some Of them who an
nounced themselves in favor of his pro-
posals Immediately after the Presidents s
message was received have since shifted
their positions. The shift has come be-
cause of the many protests they have re-
ceived from their constituents.
X v x*
Senator Capper Of Kansas was among
the first to declare his opposition to tam
pering with the Supreme Court. He has
stuck to that position. Probably no other
Senator receives such large mail as does
the Kansas Senator. He is the publisher
Of long string Of newspapers and
weekly and monthly magazines. Lit
orally thousands of letters and kilograms
have reached him already in regard to
the Supreme Court issue, and the very
great majority of them have supported
his stand in opposition to the President
on this matter. The letters are not writ
ten on embossed paper. They are writ
ten for the most part on tablet paper
and come from farmers in the great agri-
cultural section covered by his publica-
tions.
The administration is counting on the
support of labor and Of the farmers in
the fight to revamp the Supreme Court,
Just as the President counted largely on
the support of those two groups in win
ming the last election. For the Supreme
Court struck down the N. r. A. and the
A. A. A., which were in the interests of
labor and the farmers. The probabilities
are that efforts will be made to rally the
labor and farm organizations strongly
behind the court proposal OF the Presi-
dent And if these organizations line up
pretty solidly back Of the President, some
of the members of Congress may again
revise their earlier positions with regard
to the proposed legislation.
1888
If and when the Presidents judiciary
bill reaches the floor of the Senate, there
is promise of an historic debate. The
opponents of the measure will count
upon some of the most forceful takers
in the Upper House to lead the fight for
them. Borah of Idaho and johnson Of
California. Bailey of North Carolina and
Glass of Virginia, Vandenberg of Michi-
gan and Connally of Texas are expected
to attack the proposal to add to the Su-
preme Court-certainly all those except
Senator Glass, who has as yet not ex-
pressed himself The presumption,
however, is that the fiery Virginian will
finally align himself against the pro-
posal. On the other side, supporting the
Presidents plan, will be Majority Leader
Robinson of Arkansas, Ashurst Of Ari-
zona, chairman of the Judiciary Com
mittee, Minton of Indiana, La Toilette
of Wisconsin, Schwellenbach of WASH
ington, Bulkley of Ohio, Wagner OF New
York and many of the younger Sena-
tors. When it comes to oratory, 1t looks
as though the opponents Of the Presi-
dents plan will have the decided bulge.
y X X
The key to the final answer on the
Presidents court plan seems to lie in
the Senate. The administration leaders
are confident they can whip the House
majority into line for it. The Senate,
however, gives them some pause. In the
first place, there is still the rule of un-
limited debate in the Senate, with the
accompanying power to f1libuster q
measure to death. The Senate has
a cloture rule, to be sure. But it
can be applied only if two-thirds Of
the Senators present and voting declare
tors are accounted for in the vote, it
would take ga of the 96 Senators to i'm
pose cloture. Thirty-three Senators
could prevent the adoption OF cloture.
If 80 Senators or more should undertake
a f1libuster against this legislation, it
would be heavy task to bring the bill
to a final vote. And II as many as 40
Senators took part in a f1libuster it would
be almost impossible to force vote, even
with all-night sessions. The Senators
desiring vote would be compelled to
remain in the Senate as well as those
who oppose it. There is limit to hu-
man endurance in such a contest, and
f1libustering groups in the Senate have
a way of parceling out their speakers
that is devastating to the other side.
X
So far as any action on the Presidents
judiciary bill is concerned, there is q
breathing spell until next week, for
neither the Senate nor the House Judi
ciary Committee Is to meet before the
first of the week. The Senate Judiciary
Committee Is pretty evenly divided on the
Supreme Court matter, according to latest
reports. Indeed, of the entire member
ship of the committee, only two mem
bers have declared themselves definitely
in favor Of the Presidents plan with re-
gard to the Supreme Chairman
Ashurst is one of them. Undoubtedly
there will be others, but they have yet
to announce themselves finally.
The Senate committee Is expected to
take early and favorable action on the
House bill, passed on Wednesday, for the
voluntary retirement of justices of the
Supreme Court on full pay, and prob
ably the bill will pass the Senate
promptly. It will then be up to the six
members of the Supreme Court who have
passed the age of 10 to make up their
minds whether they wish to avail them
selves of such opportunity. If several Of