Evening star., 1937-02-14


ident in November are opposing him
now" He added that for strategic
reasons other leaders will doubtless
be chosen" and went on to say:
"As in the legislative battles upon
New Deal legislation in past sessions
of Congress, Democratic reactionaries
will be relied upon to lead the fight.
But the same basic issue Is at stake.
1t is raised because the President
and the Congress are determined to
carry out the mandate of the Novem-
ber election and to restore the
Constitution to the people and to
prevent the further abuse Of judicial
power
Corporation Lawyers Blamed.
The idea of an unchecked suprer1-
acy of the Supreme Court has been
built up over the last 40 years. 1t
has been built up by corporation
lawyers of the Liberty League ilk
who have tried in the court to coun-
teract the reforms, like popular
election Of Senators. which are
designed to make the will Of the
people the law of the land. 1t has
been indoctrinated in our schools and
in our thinking with the same con-
scious direction as the propaganda
of the public utilities
Senator Bailey told his radio listen
ers that only the fact of age supported
the Presidents suggestion, adding
that the Supreme Court is up with
its work. is capable, is vigorous; and
it is guarding the Constitution with
a vigor and a courage worthy of all
the great traditions of its noble
history"
If the court has offended. the Of
fense is that it has in trying time
maintained the Interpretation of the
Constitution which the people have
received from their court and ap-
proved in every period of their his
tory" he declared.
Bailey said the President quite
plainly" has made known a desire for
general laws asserting the Federal
power over activities heretofore
throughout our history confined to
State regulation. laws like the N. r.
A., which the entire court held to
be unconstitutional"
After his visit to the White House
Senator King. who has expressed op-
position to the bill, publicly brought
up the possibility of reasonable
compromise" Several others of SINH
lar views toward the proposal spoke
privately during the day of the same
possibility.
Plan to Rush Measure.
Other Democratic leaders who have
intlmated they expected early re-
tirements from the Supreme Court to
relieve the present tension are now
concentrating on speedy enactment
of the measure to permit retirement
of justices on full pay at 10.
The judiciary subcommittee. to
which this bill was referred during
the Gay. is headed by Senator Nc
members are Senators Logan Of Ken
lucky, Hatch of New Mexico. Borah
of Idaho and Norris of Nebraska.
Senator Ashurst. who is strongly in
favor of the voluntary retirement bill
said it might be possible to report
the measure to the Senate when the
full committee meets on February o..
If the voluntary retirement bill
speedily becomes law, some opponents
of the Presidents Supreme Court plan
are inclined to believe that 1t will
wind up legislation so far as the high
est court Is concerned.
Recommended In Message.
The President in his message to
Congress recommended the passage of
the voluntary retirement bill. But
it was only to be supplementary to
his plan.
Senators are still receiving great
mass of mail and kilograms in re-
gard to the Presidents bill. Senator
Copeland of New York said he had
received 5000 messages, of which only
seven had been in favor of the Presi-
dents plan. Senator Tydings of Mary
land is reported to have received more
than 500 messages, Of which about so
to were against the Presidents bill.
Senator Van Nuys has had 1880 let
tiers and kilograms against. and SO for
the Presidents plan.
The letters and kilograms are not
at all form" messages. it is said. They
are individual and many Of the letters
are written on the cheapest kind OF
letter paper.
The Supreme Court held its regular
Saturday conference and may have
decided what its verdict will be on the
administrations legislation guarantee
ing collective bargaining to workmen.
Litigation challenging validity of the
national labor relations act and the
railway labor measure was before the
nine justices at the secret meeting.
If they made up their minds about
the legislation yesterday an announce
ment may be made on March 1.