Evening star., 1937-06-24
JUDICIARY REPORT
HAD 10 AUTHORS
Devastating Words Contrib.
uted by Each of Senators
Against Bill.
BY JOHN H. CLINE.

BY JOHN H. CLINE.
Speaking Of the Presidents Supreme
Court plan, the Senate Judiciary
Committee said: This bill Is "a need
less. futile and utterly dangerous
abandonment OF constitutional prin-
ciple"
The terse sentence can be read by
any school boy in q few seconds, but
hours Of thought and consultation
went into its drafting. Many q pencil
was chewed and many = brow fur
rowed as the senatorial authors of the
line CROPPED for the words to express
the exact thought they wanted to
convey.
The result Of this painstaking care
on the part OF the drafters Of the
report was a document polished in
phraseology, but of devastating effect,
which is destined to 60 down in history
as one Of Americas outstanding state
papers.
Preliminary work on the report was
started after the committee had con-
cluded lengthy public hearings on the
court bill.
The first step was to call a meeting
OF the 10 Senators on the committee
OF ID who had voted to report the
Dill adversely. These members in.
cluded seven Democrats
O'Mahoney, King. Van Nuys. Con-
nally, Hatch and Burke-and three
Republicans-Borah, Steiwer and
Austin.
Mapped General Plan.
AT this meeting the general plan Of
the report was mapped out. The
report was to constitute the strongest
indictment of any President in modern
tlnes-p SO since it was to
| come from committee numbering a
majority of his own party-and its
authors appreciated the necessity for
statng their case to the public in the
clearest, most forceful manner.
After the testimony for and against
the bill had been reviewed at this
meeting, and the points to be stressed
IN the report agreed on in a general
way, committee headed by Senator
King, and including McCarran and
O'Mahoney, was designated to begin
the actual writing Of the document.
The personnel OF this drafting COM
mlttee Is worthy of special notice.
King. chairman OF the Senate Dis
trlct Committee, IS a veteran Of some
20 years experience in the Senate.
Prior to that he had served in the
House and as an associate justice Of
the Supreme Court of Utah.
O'Mahoney, the only professional
writer OF the group. had been both 4
lawyer and newspaper editor before
ne went to the Senate. It also is
worthy Of note that he served the
New Deal as First Assistant Postmas-
ter General. lieutenant in chief to
James A. Farley, who sought vainly
to whip Democrats into line In sup
port OF the bill by a plea for party
regularity. To break 80 decisively with
his former colleagues in the Demo-
cratic party must have brought poign-
ant regret to man with O'Mahoney's
sense of loyalty. but 1t did not impair
the effectiveness OF his pen when he
decided to split with his party on the
court issue for the sake OF a higher
principle-what he considered to be
the preservation of the integrity Of
the judiciary.
| McCarran Part Biz.
Saturnine Pat" McCarran, former
chief justice Of the Supreme Court Of
Nevada and former vice president OF
the American Bar Association, had
more to do with the drafting Of the
report than most people realized.
During the early stages of the hearing
ne fought for compromise and at
| one time presented an amendment Of
his own to the bill. He said he was
trying to pour little Oil on trou-
bled waters" But when it became
apparent no compromise was possible,
the white-haired Nevadan threw him.
self wholeheartedly into the task OF
making the report as devastating as
possible. drawing on the drafting skill
that led many fellow lawyers to re-
gard many of his legal opinions as
among the best in the country.
McCarran and OMahoney did most
Of the actual writing OF the prelim-
mary draft Of the report. Senator
Borah, veteran Of many Senate
tactical maneuver. contributed sew
erAl ideas. however, and part OF the
final language Of the report is his.
Likewise 9onatOrs GtAiuAr uatch