Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-03-12

ney, docs not solve the question Of
age"
In his prepared statement Judge De-
vaney had told the committee the
courts will come out of the present
controversy with more respect from
the people if the whole question is
discussed with frankneso now. He said
dangerous myth had grown up about
the courts and particularly about the
Supreme Court in this country.
The people, he said. have been
taught to look on the Supreme Court
as an impersonal organization, and
have been taught that it is not the
justices of the Supreme Court, but the
Constitution which speaks when a
decision is handed down. He charged
that the effort to build up this myth
about the Supreme Court had grown
in intensity after adoption of the
constitutional amendment for direct
election of Senators.
The Senate. he intimated, had been
a bulwark of conservatism prior to
the direct election of Senator'S The
myth about the Supreme Court, he
commended, has been fostered by the
conservatives and special interests.
"A judicial, not constitutional,
crisis exists today" the witness said
He said the court has been improvis-
ing legislative power
THE American people look to the
Congress to exercise these legislative
powers and they look to Congress not
to permit the Supreme Court to exer-
else such powers"
Cites Child Labor Law.
Judge Devaney said it was possible,
of course, to limit the power of the
Supreme Court to declare laws uncon-
stitutional by adoption of a constitu-
tional amendment. He argued that
the supporters of constitutional
amendment are themselves divided on
the form it should take and that it
might take many years to adopt q
constitutional amendment He pointed
to the child labor amendment, which
has been pending for 10 years and has
SO far failed Of adoption.
LAS spokesman of the rank and
file of American lawyers and as
former judge" said Judge Devaney,
L don't want to see the country lose
respect for and confidence in the
court, because the country believes the
courts are ruling against legislation
desired by. majority of the people.
The people will tolerate mistakes but
they will not tolerate delay"
Pointing out that the late President
Coolidge vetoed the McNary- Haugen
bill for the benefit of the farmers on
the ground it was unconstitutional,
the witness said the Supreme Court as
now constituted undoubtedly would
hold unconstitutional the promises
made to the farmers either by Presi-
dent Roosevelt or by ALT M. Landon.
the Republican nominee for President,
if they were written into law.
They might be held unconstitu-
tional," he said, "by 5-to-4 decision
The farmers of the country will not
stand for it."
Plan CONSTITUTIONAL.
Judge Devaney insisted that the
Presidents court plan is entirely con-
stitutional and that the President must
be trusted to fill the six additional
places on the bench with suitable men,
whom the Senate could properly con-
firm. He said the proposal of the
President was frank and conserva-
tive" and that there was nothing in
it to impair the independence Of the
court. He said the judges who cannot
rise above their own prejudices have
no right to place on the bench, i'm
plying that this was the case with some
of the present Supreme Court men,
bers
He pointed out that President Roose-
welt has been elected to second
term of Office and as yet has had no
opportunity to make any appoint
ment to the Supreme Court, something
that has rarely happened before to
any President after serving full
term.
The American Bar Association,
whom Judge Devaney charged with
being ultra conservative, recommend
ed to the late President Harding an
increase in the number of the Supreme
Court to IL, the witness pointed out.
Apparently, he said, they did not fear
to have new and additional justices
appointed by Harding
THE Lawyers Guild" he said, "dh-
fers from the leaders OF the Ameri-
can Bar Association as to what con-