Imperial Valley press., 1937-07-21
What Other
Editors Say
NO COMPROMISE
Christian Science Monitorl

Some weeks ago the President
0f the UnItel States said there
would be no compromise on his
original proposal to enlarge the
supreme court. Opponents of that
measure accepted the challenge
and made it their own. Now
substitute measure has been in
troduced bw senatorial lieutenants
Of the administration and with the
sanction of the white house. 1t
purports to be just what neither
| ide said they would haye-a COM
promise. on closer study, however,
no compromise" appears still to fit
the proposal The President seems
ID have sur Iendered no essential
part Of his purpose.
on the strength of advance COM
| promise reports We said last week
that the new bill was much milder
| Examination of its text shows that
while it would not suddenly over
4helm the court its ultimate ef-
.ects would be to destroy its indie
pendence. The independence of the
judiciary can be hastily overridden
by other branches of the govern
| ment in ways almost resembling
mob action. or it can be gradually
| undermined one way may be less
+ 4 shock 10 public conscience but
will be equally destructive Of judi
! eial independence and equally vio-
, lative OF the spirit Of the constitu-
ton
The new bin is only less sudden
| than the old The original provided
for the immediate appointment OF
six Judges II the 'eompromise" now
,oilered were accepted the Presi-
Ident would be bale to appoint three
| justices Including one 10 take Mr..
| Justice Van Devanters place. with
in six months. and the full six be-
fore the end Of his term. Examina-
tIon OF the bill will show that the
upreme court could stin be tailored
| 70 fit any legislative program the
xecutiFe and legislative branches
may offer.
A way would have been found
lto detour the constitution. The
| President has declared the way
/ provided by the founders for remov-
ing constitutional obstacles amend
| ment 1f the constitution TO be too
slow Remaking the court Is much
| quicker and easier II this method
be adopted now. Who would ever
laain bother with constitutional
| amendments2 And II the cOnstitu-
/ ton can be change any time con-
aress and the president decide q
/ remodel the supreme court. how
| much constitution Is left2
other presidents have appointed
| as many as five justices. But they
| have done 30 In the regular course
I Tney have not obtained special
dispensatiOn 10 permit naming a
ma jority 10 approve a program they
could not otherwise get by the con-
stitution II Is fair TO recognize that
Justices appointed under the new
plan might with all honesty and
personal independence approve a
program the President Wishes They
might consider it constitutional
even as minority members con-
sidered the AAA and the Guffey
Act constitutional Yet the effect
the overriding Of one independent
branch Of the government contrary
to the intent Of the constitution
would be the same
When the present situation OF
the court IS considered any nee
essity for the new measure b. hard
TO discover. The court as cOnstitut-
ed last term approved every new
deal measure TO come before it
With the retirement Of one con-
serVatiye justice the liberal mai
ority is strongly butressed The
country must question what kind OF
program Is desired If IL is ono
that would not be- approved BY q
court where Chief Justice Hughe'
and Mr.. Justice Roberts would both
have to swing 10 the conservative
side 10 cause rejection. Even more
it must wonder what kind Of a
program is contemplated II II &
one which requires six new justices
Is it a program the people nav,
considered? Is II a program APP
proved in any party platform? i
it. a program. or Is II a method OF
changing copstitutional fund1-
mental on which there can be nc
! compromise?