Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1937-03-04
GETTING DOWN 10
"BRASS
TOO MUCH OF
A GOOD THING"

No a subject Is engaging the
general interest of the public more
to-day than the proposal Of Presi-
dent Roosevelt to revamp the Su-
preme court. Discussion goes far be-
yond the halls of Congress, where
hnal approval or rejection Of the
plan must rest. More than those
high up In the ranks Of business,
professions, or trades r debating
1t pro and con. Men and women in
the ordinary walks of life are talk
ing about 1t. And fitting that they
should, for we'll has 1t been predict
ed that II the plan Is adopted, it will
materially change the entire struc-
ture of u government and affect
the lives of every one.
With the tremendous majority
solidly on his side in both branches
of Congress, it seemed improbable
at the opening of this session last
month that any measure which the
president, who had polled the great
est popular vote in history, would
fall of passage. The reconstruction
Of the supreme court, however. is so
radical in its provisions and Is so
far removed from the conventional
construction of that body to which
we have become accustomed that
this much is certain-the change
will never be made without one of
the bitterest battles eve to engage
the attention and debate of Congress
sional leaders. Already there are
known to be 81 senators definitely
lined III against the presidents
plan. Onyl "a are required to make
it's approval impossible.
The Herald Is not in sympathy
with any proposal so revolutionary
1t not only calls for the retirement
of every supreme court justice at
the : Of 20. but makes 1t possible
for the president to appoint six ad-
ditional justices, II those who are
now 7 do not choose to retire. The
desire to thus control the member
ship of the highest branch OF judi
ciary In the land seems 30 obvious
that We cannot believe the proposal
is filled with the best of intentions.
That justices should retire, perhaps
at the age OF 70 or rs, seems to
have merit. On the other hand, you
and know of many men and women
of that age whose intellect are as
keen as many others younger, and to
whose maturity has been added
years Of experience which broadens
ones judgment and fairness.
Suppose, for instance, the presi-
dent had made a proposal something
like this: Make it mandatory that
members of the supreme court re-
tire at the age Of rs. but instead Of
wanting to stuff the court immedi-
ately with a majority of new mem
bers, why couldn't the requirement
be made that final working OF the
law be made operative by, say, hav-
ing the Oldest judge retire July l,
this year, the next oldest one year
yater, and so on until all who had
attained this age be retired, and
their successors appointed as now
provided by law-by the chief ex-
ecutive with approval of the senate.
This would have meant that the
greatest numbed of judges the pres
ident could retire through this me-
thod during his fo%ur-year term
would be four. BY that time the
compulsory Advertisement provision
would be in full operation and full
benefits of the change have been
g1ined-and without the faint Of
political ACKNOWLEDGMENT that is so
evident in the present proposal.
Our own senior Senator, B. K.
Wheeler. has proposed a substitute
reform measure which seem to be
receiving considerable support. He
would require a two-thirds majority
of the supreme court to declare any
law passed by Congress invalid. Sem
ator Nye (republican) Of North Da-
kota, vas the most recent member
of the upper house to line up behind
Wheeler's proposal. 1t seems to have
the solid support of the Progressive
block. Although the Montana senat-
or has not definitely made his posi-
ton clear as to just how he would
vote on a final test Of the presi-
dents plan when 1t m to the
door Of the senate, 1t is generally
believed he will not give 1t his sane
ton. This is only indicative of how
party lines will be split on the bill.
Certain 1t is, that Roosevelt will
have a most difficult time mastering
sufficient strength among his own
party cohorts to force the measure
through. His delay in having the
proposal introduced would also in
dictate that he is going to know just
what the outcome is going to be be-
Continued on page 81