The midland journal. (Rising Sun, Md.) 1885-1947, 1937-03-19


@'14 bitter attack on the
President majority of the SUI
Roosevelt preme court that
has repeatedly upset New Deal leg
islation, and avowed frankly his de-
termination to have a tribunal that
twill not undertake to override the
judgment of the congress on legisla-
tive policy" If the phrase packing
the court" means that, then, said the
President II say that l and with me
the vast majority of the American
people favor doing just that thing
now"
"The court, in addition to the
proper use of its judicial functions"
said Mr.. Roosevelt, "has improper
ly set itself up as third house of
the congress-a super-legislature,
as one of the justices has called it
reading into the constitution words
and implications, which are not
there, and which were never in
tended to be there.
"We have, therefore, reached the
point as a nation where we must
take action to save the constitution
from the court and the court from
itself. We must find way to take
an appeal from the Supreme court
to the constitution itself. We want
a Supreme court which will do
justice under the constitution-not
over it. In our courts we want
government of laws and not of
men,"
Mr.. Roosevelt divided the OPP
ponents of his plan into two classes.
The first, he said, includes those
"who fundamentally object to social
and economic legislation along mod
ern lines" and opposed him in the
last election; and of them he spoke
with, supreme contempt. The, second
group, those ''who honestly believe
the amendment process is the best"
were told they could not expect
faithful support from their Strange
bedfellows,'' and that even if an
amendment were passed and rati-
fed. its meaning would depend on
the "kind of justices who would
be sitting on the Supreme court
bench"
Attorney General Cummings ap-
peared before the senate judiciary
committee to speak for the Presi-
dents court bill, and he used much
the same arguments Mr.. Roosevelt
had employed. Senators Borah and
Burke questioned him sharply and
searchingly, but he was agile in
evasion. However, he did satisfy
the opposition senators by admit
ting bluntly that the purpose of the
measure was to change the COM
plexion of the court, to get men
with "liberal, forward looking
views" ...5 er..s.t "a a...
Senator Dieterich of Illinois sought
to curb the questioning of Mr.. Cum
mings but was squelched by Borah.
Dieterich has not committed him
self on the bill but is now classed
among its supporters. His candidate
for the federal circuit court of ap-
peals in Chicago, District Judge j.
Earl Major of Springfield, has just
been nominated by the President.
Assistant Attorney General Rob-
ert jackson was the second witness
heard, and the foes of the measure
sought to prove, by questioning him,
that there is no actual need for the
judiciary bill to relieve congestion
of federal dockets and therefore that
the. only purpose of the measure is
to change the viewpoint Of the high
tribunal g,s a.
GATISFIED with the way his adj
~ ministrative plans are going for
ward, President Roosevelt left Wash
ington for two weeks stay in
Warm Springs, Ga. He went directly
to his white cottage on Pine noun
tain from which he looks down on
the foundation for infantile paraly-
sis sufferers. It was announced that
he would see few officials or other
visitors there, conducting all essen
tial public business by telegraph
and telephone. Temporary execu-
tive offices were set up in Kress hall
at the foundation.
Before leaving Washington Mr..
Roosevelt said at press conference
that he and Prime Minister W. L.
Mackenzie King of Canada had dis
cussed the st. Lawrence waterway
treaty during Kings visit. Whether
the treaty viii be submitted to the
senate at this session, he said, is
not yet known. It was rejected a
few years ago.
THE Committee for Industrial Or
! ganization has declared open
warfare on the American Fedora
ton of Labor by authorizing its ex-
ecutive officials to issue certificates
of affiliation to national, interna-
tinral state. regional. CITY and CEN