davidaulloa/AmericanStories huggingface dataset:
Evening star., 1937-05-11

good behavior; provided that when
any Judge reaches the age Of TO years,
and shall have served 10 years con-
tinuously or otherwise Is . Federal
Judge, he may retire, and upon reach
ing the age Of rs years every such
judge shall retire; provided further,
that in any calendar year only that
judge, upon any court composed of
more than a single Judge, who shall
have first reached the age OF IS years
shall be retired under this provision.
All judges shall, at stated times, re-
ceive for their services. a compensa-
ton, which shall not be diminished
during their continuance In ONCE or
during retirement"
This proposal will place before the
people for decision the question
whether they desire to substitute for
the present constitutional life tenure
of Federal judges = definite retire
ment age. It will make possible an
orderly infusion Of new blood into the
Federal courts. It will do away with
f1ve-to-four and six-to-three decisions
on constitutional questions. 1t will
preserve inviolate the independence
Of the judiciary. It will remove any
further danger from attempts to over
whelm the Supreme Court by the ad-
dition Of unnecessary judges for the
purpose Of influencing decisions Of the
court
Beyond all that, adoption Of this
course will end at once the bitter
struggle that otherwise will rage on
indefinitely. The fear that grips the
Evening star., 1937-05-11

adoption Of this plan means = funda-
mental change in our form Of Gov
ernment, and tncalculable danger to
unborn generations, have thought the
matter through. They are willing to
face the consequences Of their oppo-
sition, no matter how serious. Defeat
u conceivable. Surrender Of principle
in this matter could not be tolerated.
The whole controversy can be
promptly settled, with satisfaction to
all, II the Committee on the Judiciary
Of the Senate will adopt constructive
substitute in place Of the Laake-sh
now under consideration. A decisive
majority Of the committee is opposed
to the principle Of the pending bill
II 1t Is reported, It win be adversely
That will transfer the bitter struggle
to the floor Of the Senate Prolonged
debate will ensue, with the final out
come Shrouded in doubt. There is 4
proper solution available 1t this time.
We ask four questions. Is 1t the
viii Of the people that life tenure Of
judges should give way to a definite
retirement age in order that new
blood may more readily be infused
into the court? Is it the will Of the
people that acts Of Congress should
not be invalidated by q bare mapority
Of the court? Is 1t the will Of the
people that complete Independence of
the court from domination by the
executive and legislative branches
must be maintained? l. It tho will
Of the people that this unfortunate
contest. which has disrupted Congress,
and greatly disturbed the entire coun-
try. should be brought to . SPEEDY
end? All Of this is possible, and easy
Of accomplishment.
Asks Constitutional Amendment.
Suppose the committee shall an
nounce that 1t will not report the
pending bill at all, neither In its pres
ent form, nor as modified in any of the
ways suggested by various conscien-
tious members, who have been ear
nestly seeking proper solution. Sup
pose further that the committee does
promptly report to the Senate a reso-
luton for constitutional amendment
reading substantially as follows:
THE judicial power Of the United
States shall be vested in one Supreme
Court, composed Of Chief Justice and
eight associate justices, and in such
inferior. courts as the Congress may
from time to time ordain and estab-
lish In the exercise of judicial power,
no act OF Congress shall be declared
invalid by the Supreme Court except
upon the concurrence Of no less than
seven OF its members. The judges,
both OF the Supreme and inferior
courts, shall hold their Office during
Evening star., 1937-05-11

questions as they see Mt. A moment
later we learn that to add these six
will do away with the necessity Of
amending the Constitution. Why?
Because, once they are appointed, they
can be depended upon to construe the
present provisions Of the Constitution
to mean what the proponents Of this
plan want those provisions to mean.
Either one Of two things must be
true: The measure Is a blind leap in
the dark, the mere expression Of q fond
hope devoid Of all certainty, or the
new judges, If they then may be called
such, would be expected to act in
recognition OF the fact that their
places were created, and they were
appointed, to do 4 definite job-that
1t Is expected they would carry out
what would be at least an implied
understanding.
Fifth. The confidence of the people
IN their Independent court would be
shattered. In the eyes Of millions Of
our people, this whole scheme Is con-
sidered, whether rightly or wrongly,
deliberate attempt to bend the court
to the will of the Executive. This is
the very negation Of independence.
1t would put an end to the doctrine
OF An untrammelled court, bound only
to resolve every reasonable doubt In
favor Of the validity Of acts of Con-
gress and the Executive If this plan
were adopted 1t would be necessary
for every judge to consider something
more. 1t Is that something which
measures the difference between an
independent and subservient court.
Recovery seem Held Back.
One other factor should be consid-
cred before propose what seems to
me the proper solution OF this dtmcult
situation into which we have been
thrust by the nl-advised submission
Of this revolutionary plan to subordi-
nate the judiciary. Congress Is at .
practical standstill. A highly impor-
tant legislative program, that might
be OF much benefit to the country,
receives no serious consideration
Recovery is held back because OF
uncertainty and fear Continued
insistenc, upon the passage OF this
bill, or Of any substitute that embraces,
IN whatever abbreviated form, the
plan to increase the size Of the court
in order to influence its decisions,
means weary months OF continued
stagnation. BY this time there should
be no doubt in the mind Of any one
that those who believe in . wholly
independent Supreme Court will not
permit 1t to be subordinated without
. struggle. 70 bitterly contested, and
70 long drawn out, that years will be
required to heal the gaping wounds.
Opponents, who are convinced the
Evening star., 1937-05-11

line OF witnesses, who came far dis
tances at their own expense to express
their vital opposition to q proposal to
increase the size Of our high court in
order to weaken the influence of
judges whose opinions are not always
In line with the present executive and
legislative will. One after another
these progressive. liberal, patriotic cit
i5ens exposed the weakness and the
terrifying danger ot this bold ATTEMPT
to replace An independent court with
one that would be suhserv1ent. In
complete accord, most 0 them, With
the social and economic objectives Of
the invahdated legislataoo, they d.
nounced this method Of trying to se-
cure it, approval. Some pleaded for
the rights Of minorities, religious, "a
cial and political minorities, who are
In constant peril without the assured
protection Of fearless and independ-
snt court. Others saw and clearly
Evening star., 1937-05-11

hearts Of our people viii Be dissi.
pated. Congress and the country will
be free, once more to move forward.
If solution Is desired that will &C.
complish these worthwhile ends and
still be free from attendant evils, let
the Senate committee bury all pend
ing proposals, and report this resolu-
ton. Let both houses OF Coneress
take action to insure its early pas
sage by the necessary two-thirds vote
Let the resolution be submitted to
conventions promptly called In the
AZ States. Then the people, ~ Is aheir
right, may calmly decide. This can
be done. It will be done, II the people
now let their voice be heard in I'm
perative demand for this solution Of
the Supreme Court controversy.
Evening star., 1937-05-11

emphasixed the futility Of the measure,
and feared the establishment of Z
precedent that might very well at
some time be the means Of untold
damage to the cause Of progressive
democracy. World-famoH scholars
and historians traced the fall Of re-
publics as starting always with SUBJ
lection Of the courts to executive
domination. Students and teachers Of
constitutional law emphasized the i'm
perative need of IN independent ju-
dietary. They exposed the fallacy Of
the contention that there can be found
In the history Of our Nation a single
valid precedent for this astounding
proposal. Through all the testimony
ran . note Of poignant grief, and ire
quent deep resentment, that honored
and conscientious judges should be
traduced and villifled because there
are some who do not agree with their
decisions.
No Addition Needed Now.
Out Of all the testimony and dis
cuSsion thus far certain facts and
conclusions stand forth In clear relief.
I attempt . brief summary.
First. No addition to the Supreme
Court whatever, not six, nor two, nor
one. Is called for ON the ground Of ex-
pediting litigation. The court prompt
ly hears and decides all cases that
come before 1t. To increase the size
Of the court would tend to make it
not more prompt but Less 20; not
more enicient but seriously weakened
In efficiency.
Second. No merit attaches to the
contention that age, and the wisdom
that comes from long experience, are
q handicap in the proper functioning
OF . judge. It may be that business
executives and military leaders are re-
quired to make decisions which would
be dinlcult for . man Of advanced
years. Common sense, fortified by
nnumerable specific examples, DEM
onstrates that this rule has no appli-
cation in the case Of judge. More
over. the pending bill cannot shorten
by a single day the service OF any
judge, whatever his age. Nor does the
bill contain any requirement for the
appointment of young men. This
measure might well result in . per-
manent court OF IS old men. So, the
age argument goes into the discard
along with the plea for the relief Of 4
congestion that does not exist.
Third. Complaint Il made Of
divided decisions. II this be An evil,
the pending plan does not touch 1t.
It might change fve-to-four into
eisht-to-seven but what profit in
that?
Fourth. In one breath. It is said
that the Independence Of the court
will not be Affected The new
appointees will be free to decide all
Evening star., 1937-07-31
HAGNER ESTATE LEFT
TO WIDOW, WILL SHOWS
Document Requests That Property
Go Ultimately to His Three
Children.

Naming his widow, Mrs Marguerite
Cotton Hagner, as principal benef-
ciary, the will Of Randall H. Hagner,
who died July 20, was filed for pro-
bate yesterday in United States Dis
trict Court.
The will directed that several heir
looms, including some old English
spoons. a grandfather clock, an an
tique table and some testimonials to
George Washington be given his old
est child, Alexander Burton Hagner
of Warrenton. Va.
The rest Of the estate was left in
fee simple to Mrs. Hagner, who lives
at 2339 S street. The will requested,
however, that upon her death it be
given in equal shares to three other
children, Randall H. Hagner. r.: Mar
guerite Cotton Hagner and Isabella
Louisa Hagner. Mrs. Hagner, George
n. Ray and the Riggs National Bank
were na4Dd executors.
Evening star., 1937-07-31

is planning monthly bridge parties or
concerts for the purpose of raising
money. Once or twice year a for
NAL banquet will be held. Among
members Of officers arranging full
year are Miss Daisy Prentice, chair
man Of the Auditing Committee; Miss
Sheridan, daughter OF Gen. Phil
Sheridan, chairman Of the House
Committee; Mrs. Mary Logan Tucker,
Mrs. Russell Harrison, daughter in
law Of Benjamin Harrison, who is on
the Advisory Committee; Mrs. Dolly
Gam, chairman OF the Advisory Coun-
Gil: Mrs. Warren Austen, chairman Of
the Membership Committee; Mrs. Vir-
ginia White Speel, national commit
teeWoman for the District; Mrs Ralph
Brewster and Mrs. Ralph Church.
Nine. Cantacuzene points out that,
although District citizens are voteless,
the league here Is in position to be
Of more than local influence Infor-
nation on measures before Congress
Is made available to other chapters OF
the organization, with headquarters
Evening star., 1937-07-31
PAINTERS STRIKE
HEARINGS TO OPEN
Sessions on Laborers' Com
plants to Be Held Begin.
ming Wednesday.

Hearing on union painters allega-
tions that contractors on Government
Jobs paid less than union wages In
violation Of the amended Bacon-Davis
act will be open next Wednesday morn
ing at the Labor Department, it was
announced last night
The hearings will be held in room
42l7 Of the department, at Fourteenth
street and Constitution avenue, with
Carl Schedler attorney in the solici-
tors ONCE of the department, pre-
siding
B. P. Holcombe. business agent for
the painters union, said today he was
gratifled the Government had started
an investigation Of his allegations, and
was hopeful for an early settlement
OF the dispute. Holcombe sent his men
back to work on all Federal build
ings, except one, after a strike of two
weeks. when the Labor Department
vestigation.
The one building where men still
are on an independent strike is the
Bureau of Internal Revenue, where
the union has filed charges against
William Wilson, contractor. for al
legged refusal to employ union painters
sent to him by the United States En-
ployment Service.
The painters union has filed for
NAL declaration against Wilson before
the National Labor Relations Board
at its Baltimore office headquarters
for this area. 1t charges Wilson re-
fused to employ union men, even after
ruling by the solicitor of the Labor
Department held that he must not dis
criminate against union men.
Evening star., 1937-07-31
TRASH COLLECTORS
ON new SCHEDULE
Weekly Calls Shifted in Re.
arrangement Of Plan in North.
west Area.

Housekeepers in the Northwest sec
ton next week will have to learn
new schedules under which trash COL
lectors will make weekly calls.
Trash collectors will operate under
the following new schedules beginning
Monday, it was announced at the Dis
trict Building:
Monday-All territory north OF Rit-
tenhouse street and east Of Rock Creek
Park.
Tuesday-The territory from Third
street to Rock Greek Park, Ingraham
street to Rittenhouse street, and from
Blair road to Third street Oglethorpe
street to Rittenhouse street.
Wednesday-The territory from B.
& O. Railroad to Third street north
west, 1ngraham street and Riggs road
to Oglethorpe street. and from Rock
Greek Church road to Rock Creek
Park, Buchanan street to Ingraham
street.
Thursday-The territory from Rock
Creek Church road to Rock Creek
Park, Shepherd street to Buchanan
street.
Friday-The territory from Rock
Creek Church road to Sixteenth street,
Spring road and Rock Greek Church
road to Shepherd street. and from
Georgia avenue to Fourteenth street,
Park road to Spring road, and from
Sherman avenue to Fourteenth street,
Florida avenue to Park road.
Evening star., 1937-07-31
O'MahoneyR Rejects
$IOO Bid for His
Court Bill Note
Senator Plans to Keep
Memorandum With
Peace Points.

A 500 offer for his famous memo
randum which became the court bill
night peace treaty reminded Senator
o'Mahoney. Democrat, Of Wyoming,
yesterday that Senator Logan, Demo-
crat, of Kentucky. still had the i'm
portant little piece of paper.
At OMahoney's request, Logan re-
turned it, and now the Senator from
Wyoming intends to keep it forever
among his most cherished possessions,
despite the 500 offer from a stranger
whose name was withheld and a re-
quest for it from the American Bar
Association.
On the memorandum OMahoney
scrawled the four points of peace
which ended the court battle OMa-
honey gave the note to Logan to en-
able the latter to refer to it in out
lining his substitute judiciary bill,
which eliminated entirely the Ques-
ton Of enlarging the Supreme Court.
Evening star., 1937-07-31
Star Staff Photo.

they could do, but colored attendant
did own an automobile that might do
for a sleeping place.
1t wasn't very comfortable, with
the baby Shirley curled up on the
front seat, Butterworth trying to sleep
on the floor and his wife Margaret
cramped on the back seat.
But there was no place else to
go unless we separated" Mrs. Butter
worth said simply to questioning
reporter. So the borrowed old sedan
has been the only place the Butter
worths could call Home Sweet
Home for the last four nights.
Men in Lot Buy Food.
Mrs. Butterworth told her story in
tragically resigned manner. The
men working on the parking lot have
Clipped in few cents each day to
help buy some food-canned stuff
that they can eat on the lot. She
has tried to keep herself and the
baby clean by washing at a nearby
filling station lavatory. It will be
fine to get roof over their heads
again when pay day comes-but
there's no telling how long Cliftons
job will last"
James Anderson, the colored owner
OF the Butterworth's makeshift home,
said he was glad to help them by
doing without his car a few nights
because I've beeu broke myself and
the white folks always was good to
me-"
Sam Lovenbein. manager Of the
parking lot, was trying to arrange to
get room for the little family tenn
porarily today so they would have
some place other than the hot parking
lot to stay over Sunday.
Evening star., 1937-07-31
K|DNAP SUSPECT
TO Be IN LINEUP
Police Trace Movements of
Marshall Since Release
From Lorton.

Movements Of Charles Marshall,
alias Barfeld, since his release from
Lorton Reformatory a week ago were
traced today by police, while he re-
manned in custody at the first precinct
station.
Marshall is held for investigation
in Connection with the kidnapping
Wednesday night of Aubrey T. DAILY,
candy store operator.
Inspector Bernard w. Thompson,
chief of detectives, announced Mar
shall will appear in the lineup at police
headquarters Monday night to pass
before the victims of several recent
hold-ups.
Marshall is alleged by police to have
taken three revolvers from the Atlas
sporting goods store, 927 D street,
shortly before he held up DAILY as the
merchant sat in his parked automobile
at s23 Pennsylvania avenue. where
q Daily candy store is located.
DAILY said he was forced to drive
around the city and thence to North
Beach, Nd, where he WAS released
and allowed to return to Washington.
Marshall was arrested later in a North
Beach barber shop by Chief OF Police
Henry Haddaway Policeman w. G,
Grooms and Precinct Detective w. G.
Fawcett brought him back to Wash
ington
Meanwhile, Edgar Hardesty, 222
Third street, another of Marshall S
victims, appeared to draw a parallel
between the DAILY kidnapping and his
own case.
Hardesty was returning from North
Beach August 8, 1896, when he wal
held up by Marshall and Robert w
Morrow near Upper Marlboro. Md
and forced to drive into the District
Because had only $40, they
threatened to kill me-" Hardesty re-
lated. His release came, fortunately
when an officer arrested Marshall
and Morrow for speeding on Pennsyl-
vania avenue southeast. Charges
against them Of robbery with a dam
gerous weapon were reduced to sim
pie assault and they were sentenced
to one year at Lorton.
Marshall gave his age as l8 a year
ago." Hardesty said, but while ]
was riding with him, he told me he
was % or %. He kept me covered
with spring knife throughout the
ride"
Evening star., 1937-07-31

in New York. She hopes to set up
auxiliary Republican groups in local
women's organizations this year.
The third floor of the club house,
on which there are four rooms, will
be headquarters for the Young Re-
publicans' organization of the District
Mrs. Cooper Rhodes, chairman Of the
womans division, has been made .
member of the leagues House Com
mittee.
Nine. Cantacuzene has a long his
tory as an active Republican. She was
born in the White House when her
grandfather was President, married
Prince Michael Canta cuzene OF Russia
in 1899, became a Russian citizen and
lived in Russia until after the revolu-
ton there. She reclaimed her Amer
ican citizenship in 1884 At the
moment she is not only president Of
the League OF Republican Women, but
is on the Council of Republican
Women and is an honorary director OF
the pro- American group on the West
Coast.
Evening star., 1937-07-31
RECLAMATION BUREAU
OFFICIALS ARE NAMED
Roy B. Williams Is Made A.
sistant Commissi oner by
Ickes' Order.

Three major appointments in the
Bureau Of Reclamation. including that
OF Roy B. Williams as assistant COM
missioner, were announced yesterday
by Secretary Of Interior Ickes.
Williams. who, until his appoint
ment, was construction engineer of the
Al-American Canal and Gila prof.
ects, with headquarters at Yuma Ariz.,
left the West late this week to take
up his duties here
The other appointments were those
of j. Kennard Cheadle, associate law
professor at Syracuse University, as
chief counsel and assistant to the
commissioner. and Wesley R. Nelson
who has been with the bureau since
1881, as chief OF the engineering divi-
sion in the Washington ONCE. The
three positions have been vacant for
soma time. i,
Evening star., 1937-07-31


~ you, but for four nights now
4 a and old sedan has been the
only homeland borrowed one at
that-for young Mr.. and Mrs. Clifton
Butterworth and their 16-month- old
daughter.
Butterworth is a painter, but it is
hard for him to get and keep a
steady job because his left arm has
been partially paralyzed from child
hood. He lost his job three weeks
ago. The family was evicted Tuesday
from a rooming house in the 1000
block of Ninth street because he could
not pay the $6 a week rent for their
two rooms.
The same day Butterworth landed
a sl5-a-week job in an automobile
painting shop, But pay day comes
only twice month and there will
be no money for him until Monday.
What to do in the meantime? The
ButterWorths swallowed their pride
and appealed to welfare agencies for
place to sleep. But there was no
place for them together. There was
room for Mrs Butterworth and the
baby at the Salvation Army and for
the husband at mission.
Refuse to BE Separated.
Married nearly three years. the
young couple-he is % and she 20
refused to be separated even for the
few nights. So Tuesday night they
avenue and John Marshall place,
where Clifton had worked for few
weeks last Winter. People working on
parking lots don't make much money
themselves and there wasn't much