Evening star., 1937-03-13
Rate by Mail-Payable in Advance.
Majority Decisions.

Judge John P. Deyaney. formerly chief
Justice of the Minnesota Supreme Court
dislikeS flve-to-four decisions or even
slA-'Q-tnree decisions of the Supreme
Court which declare New Deal acts un
constitutional. At the same time he does
not care for an amendment to the Con-
stitutlon that would require a six-to-
three or even a seven-to-two decision
OF the court to invalidate an act-any
act--of Congress. 1t looks as though the
judge were particularly difficult to please
Or perhaps he is simply trying to knock
down the constitutional amendment
t proposal which is being offered as
substitute for President Roosevelt's plan
to pack" the Supreme Court, plan
which the judge and the National Law
yers' Guild, of which he is president. are
supporting vigorously.
Judge Devaney objects to a constitu-
tional amendment limiting the power of
the Supreme Court to hold an act of
Congress unconstitutional unless the vote
and the reasons for his objection are
entirely sound. He does not believe that
minority, and a small minority at
that, should be permitted to prevent
the court from holding an act unconsti-
tutional. To put it still another way.
small minority of the court would be in
\ position to declare an act constitu-
tlonal. He still believes that majority
should rule in decisions of the Supreme
Court, and certainly that seems much
more sound than having minority rule.
Particularly does he feel that minority
OF the court should not be in a position
to uphold the constitutionality of a law
Infringing upon the civil rights and re-
ligious freedom of the people. And he
fears that such might happen, if the
constitutional amendment were adopted
and law was slipped through the
Congress and approved by President
conflicting with these rights of the
people either through inadvertence or
because of strong prejudices that might
exist at that time.
Nevertheless, Judge Devaney is not
satisfied with the decisions of the court
today, although they are rendered ac-
cordlng to the majority rule He is a
bit flnicky. perhaps, in his adherence to
the question Of majority rule He is for
1t-up to point. He does not want
the Congress and the President to be
able to have certain laws upheld as
constitutional by less than majority of
the Supreme Court. These laws would
have back Of them a majority of the
Congress and the approval of the Ex-
ecutive-and presumably they would
have the majority sentiment of the
people back of them, too. On the other
hand, he is much upset because a ma
jority Of the Supreme Court declines to
uphoid other laws passed by Congress
and approved by the President-pre-
sumably also supported by majority of
the people.
Judge Devaney, like all the other sup
porters OF the Presidents court bill.
when they get down to bed rock. is
anxious to revamp the court; to pack it
with enough new judges enough young
blood ready to decide cases as the
Chief Executive wants them decided. It
is the easiest way-if it can be done. At
the same time it will open the way for
the appointment of six new justices of
the Supreme Court at salaries of twenty
thousand dollars each That is. if none
OF the present justices over seventy and
one-half years Of age retires after the
bill has passed. And when the num-
ber OF the Supreme Court has been
increased to fifteen, in accordance
with the terms of the bill, the number
remains permanent, and when justices
do retire, or die, the President will have
the chance OF appointing still more
justices. Decidedly this will be reyamp-
ing the court in big way, if the plan
actually goes through