The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-08-26

Washington. - Some years ago,
when New England's sharp-tongued
-, George H. Moses
Lire sat in the presid-
Old Times ing officers chair
as president pro
tempore of the senate, I used to
marvel at the speed with which he
got rid of legislation. The Repub-
licans were in control of the senate.
The late Senator Charles Curtis of
Kansas was the Republican leader.
Between the astute Curtis and the
nimble-witted Moses, the senate
many times really ran in high gear.
To me, it was reminiscent of the
old days, therefore, when / watched
Vice President "Jack" Garner OPP
crate in the senate the other day to
get the judiciary reform bill through
that body without permitting del
uge of debate. ! think Mr.. Garner
performed on that occasion with
even greater finesse than did Sena-
tor Moses because Mr.. Garner did
not wait for cues from the floor of
the senate; he simply took charge
and, knowing what the job was, saw
to it that things were accomplished
in record time.
But the significance of this Incl
dent should not be overlooked. 1t
was noteworthy, of course, that the
senate should pass the court bill and
send it to the house in a total of
six hours. 1t was noteworthy that
the Vice President established a
precedent by granting permission to
senators to include in the Congress
sional Record speeches they would
have made if the debate had been
prolonged. And yet it was the i'm
plication of the senate action that
seems to me to be the most impor-
tant phase of that situation.
The way see the picture is this:
The ease with which that bill was
put through demonstrates that those
who opposed the original bill to add
six new justices to the Supreme
court were objecting only to the
court packing and not to the re-
forms in procedure.
The bill as it becomes law pro-
videS for a number of changes in
court procedure to the end that adj
judication of controversy can be &C.
complished much more quickly than
has been the case in the past. It
does not include any addition to the
membership of the Supreme court
and it does not include any provi-
sion for sending hand-picked judges
into the various circuits and dis
tricts as the White House and the
Department of Justice may decide.
In other words, the new law leaves
the judiciary system independent
and again establishes it as a CO.
ordinate branch of the government,
equal in all respects to the legisla-
tive, which is congress, and the ex-
ecutive, which is the President and
the executive departments There
can be no doubt that this piece of
legislation is worthwhile although to
the layman the benefits may not
Immediately appear. 1t must be re-
garded, however, simply as a piece
of legislation that cuts much legal
red tape and those who must avail
themselves of the courts or those
who are forced under jurisdiction
of courts will come more nearly
obtaining justice than heretofore.
have said in these columns be-
fore that when the senate refused to
accept the Presidents orders and
pass legislation that would permit
him to appoint six new justices to
the Supreme court at one time, the
President suffered one of the worst
political defeats he has ever en-
countered. He probably will never
meet with another such disastrous
setback.
1t was obvious to the vast major
ity of senators and representatives
and to observers here within six
weeks after Mr.. Roosevelt submit
ted the court packing bill that he
could not force it through. He re-
fused nevertheless to admit defeat.
In consequence, it took nearly six
months of bitter and futile wran-
Cling in the senate to convince the
President that he was on the wrong
side of the question as far as public
sentiment was concerned.
So, congress has wasted nearly
all of the 1887 session on a PROPOSE
ton for which it was not respon-
sible. Moreover, it has been forced
into position where in its closing
days it rushed along to enact nu-
merous bills that should have had
weeks of consideration. Actually,
the 1887 session has accomplished
little that will not have to be re-
done in subsequent years because
of the haste and the lack of consid-
Grafton given important subjects.
It may be said that congress
should remain in session under
those circumstances and give all of
the time that is necessary to DELHI
Grafton of measures before it. Yet,
facts must be faced. One of these
facts is that through all of the
months prior to adjournment scores
of members were wearing them
selves down fighting against prop
osition with which they could not
agree. In the meantime, Washing
toms summer settled down. Wash
ington's summer is completely hot
and humid summer. Most of the
members of the senate and house
are no longer boys of college age.
They cannot withstand the physical