Evening star., 1937-08-09
Moved, Seconded, Carried.

years slo man of somewhat impatient
temper@nsnt. When presiding over the
meetings he took short cuts to action,
with formula that, whatever its lack
OF parliamentary precision, was effec-
tive. He would listen for a few minutes
to discussion and would then rap his
gavel briskly and say: Il move second
and carry the proposition under con-
slderation. He would brook no re-
monstrance, would tolerate no appeal.
Vice President Garner has adopted
this role of the efficient autocrat in
matters parliamentary and legislative.
On Saturday he moved, seconded and
carried the substitute court bill through
IN record time, and so concluded a sit
uation that was certain to end in lust
the same way if the regular routine of
procedure had been strictly followed
This was no new role for Mr.. Garner.
He had played it before, while he was
Speaker of the House of Representatives.
thereby expediting the transaction OF
business. Until Saturday, however, he
had not employed his move, second
and carry" technique in his conduct of
the sessions of the Senate, to which he
was transferred March 4, 1888. He had,
with often evident impatience refrained
from legislating with his gavel. Indeed,
no such occasion or opportunity as that
OF Saturday had previously offered. The
court blll-the second or amended court
bill-was on its way to passage. All
agreed that it would pass. The features
OF the first bill that had aroused bitter
and determined opposition, even and
particularly in the Democratic ranks,
had been eliminated and the measure
had been trimmed almost to an innoc-
hous desuetude, to use a phrase made
famous by Grover Cleveland.
Form-loving Senator's especially those
who clung in spirit to the form and
purpose of the old bill, which they were
reluctantly abandoning in the face of
an assured ma jority against it, wanted
w So eiiiohSii dll VIC iIlOllollS, NdIlleu 10
make some explanatory and expostula-
tory speeches before the final act of this
serio-comedy of legislation was con-
cluded. There were some near-post
mortem deliverances to be emitted, not
In the hope or expectation of changing
the verdict but to crafty the spirit of
loyalty to a losing cause
AT the psychological moment the Vice
President swung into action. Are there
amendments to the committee amend
ment?' he shouted, his voice dominat-
ing the chamber. These amendments
were then put and carried with a rapid
fire formula, without objection the
amendment is agreed to-" swiftly re-
peated. Then came the climax. With
the brlefest possible pause the Vice
President proclaimed: Without obiec-
ton the bill as amended is passed"
When the tumult and the shouting
died the serene figure of John Nance
Garner stood forth the victor of the
battle. His face was somewhat more
highly colored than usual, his hand
was cramped from constant welding of
the gavel, but his spirit was serene. He
had moved, seconded and carried" the
court bill. And that was that!
But what a different sort of court hill
this from the court bill which the Presi-
dent threw into the senatorial hopper
February S! And what turmoil had
ragged from that fateful day on, through
the remainder of Winter, throughout
the Spring, and halfway through the
Summer! And how many ties of party
discipline had been sundered, and what
lot OF face" had been lost in those
twenty-six weeks-just half a year!
Has anybody reckoned the cost of
that long struggle, in terms of stenog-
raphy, printing, witness expenses not to
go into such items as the Jefferson
Island harmony picnic? Has there been
q reckoning of the consequences, pecu-
mary and otherwise, of the protraction
OF the session far beyond it's normal
duration incident to and caused by this
stubbornly fought losing battle for short
cut judicial reform?
Well, 1t is now over, that battle. It
has been lost by the aggressor, the pro-
ponent OF plan which shocked the
country and split his own party. The
so-called compromise bill-that which
the Vice President on Saturday moved,
seconded and carried" with the Senate's
assent by silence-is an innocuous meas
ure in comparison with the original bill.
1t provides for speedier court action In
the lower judicial range, for an assured
representation of the administration in
the tests of constitutionality before the
lower courts and for the maintenance of
the authority of the Supreme Court to
determine the constitutionality of acts
of Congress, by majority. 1t does not
permit the packing of that Court and
In that negative feature alone is it
triumph for the defenders of the vital
principle of judiciary free from polit-
1cal influence.
The historian of the future who essays
an analysis Of this protracted episode