Evening star., 1937-03-12

with testimony on legislation directly
affecting court procedure. But it is
now apparent that to invit the JUS
tices might prove embarrassing, mas
much as the whole debate has shifted
from the original charge that the work
OF the court was congested to the
open admission that the purpose of
the Presidents plan is to get justices
An line with his views on constitu-
tional functions.
The justices do not grant interviews
TO the press and so far as known they
have not as a court taken cognizance
of any aspect of the controversy that
has arisen, including the question of
testifying on matters of procedure.
Urged to Join Debate.
The justices quite naturally are
Alert to what is going on in Congress
and there is every reason to believe
that as individuals they are following
the debate with the keenest interest.
Some of them have been urged by
friends to take a part in the public
discussion on the ground that the
Supreme Court as an institution has
been attacked by the President of the
United States and that the character
OF the decisions has come under public
assault through his nation wide radio
speeches.
But the justices do not feel that
this would be proper.
The members of the court without
exception disagree with the Presidents
plan and some of them are known
to have been deeply hurt by Mr..
RooSevelt's radio talks, but it is in
the nature of the Supreme Court to
be defenseless as against attack from
the outside and this Is something
which the public will have to take
into account in weighing the merits
OF the controversy.
Cannot Enforce DEGREES.
Here Is an institution which cannot
defend itself against political attack.
1t cannot even enforce its own DEGREES
II Congress chooses to withhold the
intrumentalties of enforcement. The
Supreme Court justices who are of
advanced age have felt that they
must discharge duty in continuing
to work as long as they are capable
OF doing the work of the court.
Some OF the members of the court
are, of course, financially independent
and would prefer the leisure and ease
OF travel and freedom from the bur-
dens OF the, court. Two of them are
known to have determined to retire
at the end of the Supreme Court
term this June. But when the Presi-
dent launched his attack on the court
last month, retirement became out
OF the question for these justices, who
are said to feel retirement under the
present circumstances would be mis-
understood by the public as tanta-
mount to acceptance of what has
seemed virtually a demand by the
Executive for their removal from
office. Men do not like to leave their
life work under such humiliating cir
cumstances.
Discussion of Appointments.
Meanwhile, there is discussion of
expected appointments in the event
that Mr.. Roosevelt does get his legis-
lation through Congress. Two men
are being talked of for the Supreme
Court vacancies. One is James M.
Lands, chairman of the Securities
and Exchange Commission, who has
announced his acceptance recently of
an offer to become dean of Harvard
Law School next Fall, and Robert H.
jackson, Assistant Attorney General.
Both these men now have made
public addresses announcing their
adherence to Mr.. Roosevelt's concept
of constitutional Government and
therefore they are known to be ac-
ceptable types for the Presidents con-