Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-04-14
WASHINGTON OBSERVATIONS
BY FREDERIC WILLIAM VILE.

Whatever betides respecting the Roose-
welt Supreme Court plan-whether it is
withdrawn, modified or left to face the
congressional guns-everybody admits
that the Wagner labor law decisions will
have lasting and far-reaching effect in
the field of industrial relations. The
right of Congress to exercise wide regu-
latory powers is now indiSputable. To
that extent, last Mondays findings con-
stitute an undeniable and historic vic
tory for the New Deal. 1t is this fact
that Immediately led many authorities
to think that President Roosevelt could
gracefully and leg!timately recede from
his demand for enactment of the judici-
airy bill in unamended form. There
will never be an answer to the question
as to what extent. If any, Chief Justice
Hughes and his majority colleagues were
Influenced" by the administration
inspired anti-court crusade. On this
score divergent views prevail. One is
that F. D. RS drive definitely and I'M
mistakably persuaded the high bench
to "see the light" The other is that
the court cleverly seized the oppor-
tunity, while striking blow for human
itarian rights, to spike the guns of Mr.
enlightened" tribunal. Proponents of
the presidential program, though elated
over the Wagner decisions, insist that
valuation of New Deal measures by a
single vote furnishes no security OF
permanent liberalism" in the Supreme
Court. That is pretty clear indication
that the White House stands pat.
Many Democratic leaders, even some
who more or less cordially support the
court reform scheme, yearn to see the
whole controversy wiped of the slate as
speedily as possible, because of its
disastrous effects on party unity Moth
ing since the dawn of the New Deal has
split its cohorts so bitterly asunder. The
extent which rancor has reached, even
within the intimate Rooseveltian circle,
is manifested by Secretary Ickes' scath-
ing denunciation of opponents Of the
Presidents plan as "deserter decoys, re-
dictionary geographical Democrats and
piqued professional liberals" No matter
what happens. it will take some time for
all the wounds of the court fracas to
heal. If the Democratic party Is not to
become house hopelessly divided
against itself, peace in the judiciary ven-
delta is an urgent and obvious necessity.
That, under any circumstances. pre-war
alignments will be restored, few believe
possible.
One OF the lessons clearly to be drawn
from the Governments sweeping tri-
umph in the Wagner and other late
Supreme Court decisions is that when
Congress looks before it leaps into the
legislative abyss, it can be fairly sure
of receiving the stamp Of constitutional
sanction. A plain hint to House and
Senate to watch their step on that score
seems to be conveyed by the court ma
jority's dictum that the cardinal prin-
ciple of judicial construction of acts
of Congress should be ITO save and not
to destroy" An N. r. A., which the
Supreme Court as now constituted would
okay, Is one of the mirages already LOOM
ing on the Wagnerian horizon It's an
open secret that law after law was passed
by successive New Deal Congresses dur
ing the past four years without any,
thing approaching universal or thorough
understanding of Its true inwardness.
This observer recalls an amusing ad-
mission by Senator Ashurst in 1888, while
many members Of Congress, despite ad-
1ouzument q the long drst Roosevelt