Evening star., 1937-01-31
SUPREME COURT
!. BECOMES ISSUE
Discord Looms in Congress
on Move to Curb High
Tribunal, .
BY G. GOULD LINCOLN.


BY G. GOULD LINCOLN.
The Supreme Court shows signs
Of becoming the center OF q great
controversy on Capitol Hill.
The President has not yet fully
disclosed his hand or his program
with regard to the court and Its
powers.
Within the last week, however, the
power of the court to declare acts OF
Congress unconstitutional has been at
tackled and defended in both houses,
and resolutions calling for investiga-
ton of the Supreme Court by con-
cressional committees have been pro-
posed by Senator Guffey of Pennsyl-
vania and Representative Cannon OF
Wisconsin. The Guffey resolution has
been already introduced. The Can
non resolution, made public hast night,
will be offered in the House tomor-
row.
B0rah on Air Tomorrow.
Tomorrow night Senator William
z. Borah of Idaho, recognized AS a
great constitutional lawyer and In
the cast a staunch defender OF an
independent judiciary. will deliver an
address entitled THE Supreme Court. y
He will speak at 9 pm. IN the Ma
tional Radio Forum, arranged by The
Washington Star, over the network OF
the National Broadcasting Co.
Representative Hamilton Fish OF
New York last night spoke over the
radio on THE President and the Su-
preme Court" Mr.. Fish took the
President to task for his recent ad-
dress to Con ess on THE State OF
the Union" in which the President
declared the need of more liberal in
terpretation of the Constitution by the
Supreme Court.
The President" said Mr.. Fish,
"raised an unfortunate and unlawful
issue when he lectured the court
and urged the court to look at the
ballot box and have a more enlight-
ened Judgment because OF some al
legged popular opinion or temporary
vhim. I say as liberal Republican
that this is not only a new doctrine
nut forth by the President. IL. which
he tells the Supreme Court not to
mind the context of the Constitution,
but to look and see what the people
back home want
Suggests Amendment Method.
"The only way-the prescribed way
and the quickest way-to find out
what the people want done is to sub
init a constitutional amendment.
If the President wants to propose
an amendment giving the Congress
control of minimum wages and max
inum hours, I have no fear of It, be-
cause there will be a referendum to the
people and the people will decide the
issue"
Charging that the President in his
address to Congress had virtually tolo
the Supreme Court 1t must not inter-
pret the Constitution on the basis OF
its provisions, but upon the oasls Oh
the election returns, Fish said:
You might as well say to the rel
cree of a foot ball game, instead OF
abiding by the rules of the game, ap-
neal the decision to those IN the
rrandstand,' or to an umpire IN base
hall game. when a player Is sliding
to second base and is called oht'
change the decision and call him sale'
IN accordance with the volume OF boos
and noise among the spectators.
! Opposes 5-to-4 Decisions.
He added: II have no use for the
s.to-4 decisions, and would give the
Congress the right to override
5.to-4 decision of the Supreme Court
by a two-thirds vote in the same
manner we override a presidential
veto It takes a two-thirds vote OF
Congress to initiate an amendment TO
the Constitution. There Is nothing
radical about that in the case OF 5-to-4
decisions"
In conclusion, Fish said: The
constitutional issue is apt to become
the most important before the Amer
ican people. We Republicans propose
to uphold and defend the Supreme
Cour. and the powers OF the
court. ."
The Cannon resolution, which will
he submitted to the House tomorrow
calls for a special committee to In
v.stigate charges made against the
supreme Court and the justices. ana
esnecially the claims set forth In the
book entitled Mine Old Men, 10
probe the circumstances surrounding
the confirmation by the Senate OF the
oresent members Of the court. and TO
suggest possible changes IN the metnoo
of confirmation.
Cannon Eyes Court Method.
In a statement last night, Cannon,
h Democrat from Milwaukee, said the
American people are interested IN
knowing "the way in which we appoint
the Supreme Court justices, and
whether it is really good and efhcient
way to get good and fair justices Tor
all the American people"
He inferred that court might repre-
sent special interests and suggested
the method of confirmation OF the
Justices by Senate should be examined.
II for one" he said, believe this
method of confirmation is not the best
way to see that we get justice for all
the people.
IL mas Deen common kuoWleose tadV
there has been much manipulation,
not only about the confirmation OF
justices, but all other combinations
In the United States Senate. 1t has
been commonly known that deals and
swaps have been made among Senators
end that many times the interests of
the people have been forgotten. In
such a small body such manipulations
ere easy. If the House of Represen.
tatives had q say In the matter OF
confirmation, I believe the quality Of
the appointments would be much
improved