Evening star., 1937-03-31
Hearing
Continued From First Page.)

tional Government long step farther
and to do it in a hurry You are pre-
sented with a proposal-not asked to
help formulate one-Which was not in
advance discussed even with the cab
met, to say nothing of being discussed
with the responsible committees OF
Congress. You are asked to take tc
yourself somebody's baby-but you
don't know whose And you are told
that if you don't adopt this child and
accept these proposals democracy is
threatened. I think the question to
ask is by what and by whom?"
Chairman Ashurst stated at the
opening of todays session that no
effort will be made to shorten the
hearing. He proposed yesterday that
Senators supporting and those against
the bill agree to conclude the hearing
by April l6 so it could reach the Sem
ate floor in May. Senator Burke,
Democrat, Of Nebraska, leader of the
opposition, objected, pointing out that
those opposed to the bill expect to
call at least so more witnesses and
cannot conclude their case until after
April IS.
Ashurst said today the proponents
also wanted additional time and that
the hearings will continue until both
sides are satisfied.
Legislative Aims Held Clouded.
Declaring the court controversy has
narrowed to the point where it is
clear that the purpose of the plan
is essentially to secure new judges who
will interpret the Constitution as the
administration desires, Prof Borchard
said:
Just what legislation the Presi-
dent wishes to validate by the pro-
posed change in the personnel of the
court, and therefore in the attitude
of its members toward congressional
legislation, he has not stated. We
are left to inference But possibly
the rumor is correct that the legisla-
tion desired is a new N. R. A. or
A. A. A., or legislation controlling
wages or hours of labor in industry
or prices of certain commodities
widely used.
If this is the purpose, the method
proposed IS hardly any guaranty Of
the success of the plan. Assuming that
the new judges will be as independent
as the circumstances of their appoint
ment will permit, what reason is there
to suppose that they will take q dif-
ferent view of interstate commerce
and the limitations of Federal power
than did the present court, unani-
mously, in the N R. A. case?
THE A. A. A. case may have been
wrongly decided, but even here there
is no guaranty that six new judges
would come to q different conclusion.
Constitutional construction fluctuates
from time to time, and there can be
no assurance that any particular con-
temporary construction will suit the
sitting administration or others who
have a special interest. Unless rev.
olution in the attitude Of the judges
toward the Constitution and toward
the courts own precedents Is antici-
pated, the mere addition Of new
judges is speculative leap into the
dark, whereas its disadvantages, which
will be suggested presently, are not
doubtful"
Recovery Held Retarded.
Borchard added that Every little"
New Deal legislation which has been
invalidated had promoted recovery and
that some competent observers MAIN
tain it has retarded It,"
In response to questions by Senate,
Logan, Democrat, Of Kentucky, Bor.
chard said the Supreme Court has ex.
tended the scope of the commerce
clause, citing Mondays decision in thu
railway labor case.
The control of wages and hours in
industries competing across State lines
or industries whose products enter in.