Evening star., 1937-08-23

pairing to return home to Montana,
behind him the congressional session
In which he led 4 successful revolt
against the administra tions Su-
preme Court plan.
In the quiet of his study at WASH
ington. the Senator frankly discussed
what he regards as the net gains
Of the battle that ragged from Feb
ruary to July between the White
Ho,lse and Capitol Hill, and looked
ahead to problems Of the future.
In Senator Wheelers view, these
conclusions stand out clearly after
one Of the stormiest sessions in Sen
ate history:
Plans for enlargement of the
Supreme Court to remold its de-
cisions died with the collapse of the
court bill in July and will not be
renewed
Congress has regsined control
over legislation. The way is now
cleared for constructive action at
the next session, dealing with farm
s,irpluses. wages and hours. power,
child labor and other vital Ques-
tionk before the country.
The division in the Senate grow
ing out of the court fieht provides
no lasting political realignment to
serve AS a basis for recasting the
Democratic party or forming new
ones
The tradition against = third
term for the President will be up
held in 1910.
Not "De-Nething" Session.
ITO say that this has been 4 do
nothing session of Congress" Sem
ator Wheeler observed, "to my mind
overlOoks the plain facts Of the record
Consider the conditions under
which the session began. As we ad-
tourn, certainly no one will any
longer claim that the Supreme Court
h packed against liberal objectives
and that the President and Congress
are helpless to 60 forward with meas
ures needed in the public interest.
Before the bill was carried per-
sistently forward to rejection by the
committee and certain defeat on the
floor, the power Of Congress to deal
effectively with economic and social
measures had been upheld by the
court, with the concurrence Of JUS
tices Hughes, Brandeis, Stone, Car
dozo and Roberts. The appointment
Of Senator Black to fill a vacancy
that arose in the natural course Of
events leaves the court with nine
justices and without any arbitrary
increase to control the decisions.
Conflict Seen Avoided.
Through the defeat OF the court
bib. much future conflict and con-
fusion among the coordinate
branches Of the Government has been
avoided. I see more hope today
for enduring progress than would ever
have been possible if the Senate had
accepted the Presidents plan.
1T was perfectly inevitable that,
once the packing of the court was
contaminated, 1t would have been re-
peated when the pendulum swung to-
ward reaction. Such = menace to the
stability Of every accomplishment Of
this and future administrations has
now been removed. Our system of
democracy has been immeasurably
strengthened and the Executive, the
Congress and the judiciary are left
more secure in their respective
spheres"
With the court issue disposed OF,
Senator Wheeler believes that Con-
gress at the next session should act
on farm surpluses, wages and hours
power, child labor and other problems
pressing for solution"
Congress ought to convene" he said,
~in = much more wholesome atmos-
phere than prevailed last Winter, with
greatly improved prospects for con-
structive, progressive legislation.
From now on, the recommendations
which It Is the right and duty Of the
President 10 make will receive more
thoughtful consideration In committee
and on the hoor. Beginning IN the
stress Of the depression and until the
court bill was beaten, Congress lacked
the initiative and the incentive to per-
form its legislative function. Bills not
included in the administrauon's emsr-
Rency program had 40 chance Of
passage and it was 4 futflity to offer
them.
Pr0nAr Ralannn RAAr>A
THE practice Of leaving legisla-
tion largely In the hands of advisers
attached to the executive branch
ended with the defeat of the court
bill. A proper balance has now been
restored. This. I think, is one Of
the big gains Of the past session, bet
ter for the administration, for Con-
gress and for the country"
Reports current at the Capitol dur
Ing and since the debate on the court,
limiting At new political alignments,
are not taken seriously by Senator
Wheeler. 1t has been suggested that
President Roosevelt might seek to
recast the Democratic party, with
those who resisted his cohrt plan
eliminated, and, on the other hand,
that coalition might be formed be-
tween Democratic and Republican op-
ponents Of the court bill in the 1898
and 1910 elections.
l. l.