Evening star., 1937-03-17
CorWin Holds Many Inva|i.
dated Laws Could Have
Been Upheld.
ADMITS HE REVERSED
EXPANSION OPINIONS
Article Written by Princeton Fac
ulty Member Is Quoted
by Senator.
BY G. GOULD LINCOLN.

Prof. Edward S. Corwin of Princeton
University told the Senate Judiciary
Committee today he has mo doubt the
vast part of the New Deal legislation
could have been sustained as constitu-
tional by the Supreme Court had it
been controlled by doctrines of the
court in the past"
Prof. Corwin appeared before the
Senate committee in support of Presi-
dent Roosevelt's plan to increase the
membership of the Supreme Court.
Pursuing the idea that the New Deal
laws could have been sustained as con-
stitutional, the witness said the pres
ent Supreme Court has chosen al
ternatives against the Government
when free choice was possible"
The Princeton professor of juris-
prudence said the court has been
governed by IAN economic bias" par
ticularly theory that the Govern
ment must keep its hands off busi-
ness and theory that would insu-
late employer and employe relations
from the Government
Cites Detroit Situation.
THE situation in Detroit today is
. result" said the witness.
Corwin said he considered the con-
stitutional amendment method as a
means Of meeting the present situa-
ton extremely hazardous. He pointed
out that the child labor amendment,
which he said is desired by a ma
jority Of the people of the United
States, has hung fire for 13 years.
He suggested that people who talk
about an amendment to the Consti-
tuition as the only clear and honest
way of dealing with the situation
should recollect that laws desired by
a majority of the American people
may be defeated by a majority of the
people in 13 States.
After Corwin had said he favored
increasing the Supreme Court mem
bership he was subject to a gruel-
ing cross-examination by Senator
Burke, Democrat, of Nebraska, who
brought out that the Princeton pro-
fessor a year ago had written an article
saying the Supreme Court was already
large enough.
Questioned by Burke.
DO you want us to believe your
statement then or the statement YOU
make now?" Burke asked.
Corwin said he did not have the
facts" before him when he wrote the
article.
Then you want us to believe you
were wrong year ago, but that We
should accept your changed view at
this time?' Burke continued
Yes" replied the witness, that's
right"
Quoting from Corwin's article
Burke told the committee it suggested
three ways in which the power of the
court could be curbed
/. To pack it with judges known
to favor particular legislation
2, BY requiring more than a ma
jority vote of the justices to invalidate
an act Of Congress.
3. BY depriving the court of appel
late jurisdiction in constitutional
cases.
Quotes From Article
This article" Burke added, then
contains the significant statement that
the court is already large enough. 1t
also contains the admonishment that
one should not forget the old maxim
not to throw out the baby with the
bath"
The last hour of Corwin's testimony
developed into a running argument
between members of the committee
and the professor over whether he did
or did not believe that biased" JUS
tices should be appointed by Mr.
Roosevelt if Congress gives him the
power to add six new members to the
Supreme Court. The witness earlier
had charged the Supreme Court as
now constituted was influenced by its
own economic theories-in other words,
that 1t was biased.
Senator Connally of Texas asked
(See COURT, Page A-5.)