Evening star., 1937-04-01
Judiciary
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tration may move forward, if it does
80 cautiously and without undue
haste, and that the courts will not
stand in the way of what is sound and
permissible, under liberal interpreta-
ton OF the Constitution. That was
made abundantly clear by the de-
cisions announced on Monday.
Amendment Alternative.
"Of course, too there is the alterna-
tive of constitutional amendment
There is no reason to believe that
what the Nation really. persistently
and predonderantly wants cannot be
obtained by this means, within rea-
sonable time. Amendment is a seri-
Gus matter it unsettles some things
that are settled, and strikes across an
intricate and complicated set-up of
business, industrial and personal life
But with care, successful amendment
can be achieved.
The projected plan, regarding the
court is Objectionable for vitality i'm
portant reasons. 1t would certainly
impair the prestige and the independ-
ence of the judiciary and partially
prevent the accomplishment of the
very sound purpose for which 1t was
provided. No matter how wise and
disinterested President Roosevelt might
be In appointing additional members
of the court and regardless of the
fact that some immediate advantage
might be obtained, the present bill, If
enacted into law, sets an example and
offers a means of future manipulation
of the bench with most serious con-
sequences of evil
Birthright Endangered.
Dean Bates, under whom Chairman
Ashurst of the committee studied law.
concluded:
For an immediate possible gain in
forwarding general welfare measures,
thtere is a high degree of probability
that we would sell our national birth
right of governmental structure
which has been exceptionally, If not
indeed uniquely, effective in main
tanning genuine freedom of discussion,
free enterprise, and the other i'm
portant civil and political rights.
THE courts have made priceless
contribution to the attainment of these
results. While the judiciary have now
and then been subjected to attacks,
taking long view Of our history, it
will be seen that the American people
have had great confidence in the in
tegrity and the wisdom OF their judges
Therefore, the present hue and cry
which has broken out over the country
would be incomprehensible to one who
did not know how quickly and effer-
vescently the American people will
turn temporarily against an institu-
ton which, on the whole, they have
trusted and even revered
The Supreme Court, like all other
branches of our Government has made
mistakes. But can any one seriously
maintain that those mistakes are more
numerous and less explainable than
the mistakes made by any other de-
partments Of Governments"
Before today's hearing, Senator
Wheeler, Democrat, of Montana, de-
clared the measure could not get more
than IS votes in the Senate today.
Expressing the belief the courts re-
versal on minimum wage legislation
had strengthened the opposition to the
bill. Senator Wheeler, leader of the
opposition forces, declared:
"The latest claim Of supporters of
the bill is 81 Senate votes, I hear, but
the proposed addition of six justices
to the Supreme Court could not get
more than 35 votes in the Senate to-
day"
Wheeler said Mondays court de-
cisions demonstrated the need for