Evening star., 1937-02-23
THE POLITICAL
MILL
BY C. COULD LINCOLN.

growing. The latest organization to
take up the cudgels for the plan IL the
newly born National Lawyers Guild.
The guild seems to be intent on playing
the role in the legal profession that
John L. Lewis c. I. o. is playing in
the ranks Of union labor. And the fact
that Lee Pressmar1, general counsel for
the c. I. O., is taking an active part in
the organization Of the guild seems also
to give the two groups some kind OF
connection. Mr.. Pressman presented to
the guild the first draft Of its consti-
tuition.
Join the guild and get to be Judge"
was slogan suggested by q critic OF
President Roosevelt's plan to deal with
the Federal judiciary. Membership In
the new organization, he said, might be-
come a prerequisite for appointment to
the bench.
A majority OF the members Of the new
guild are said to be in Government en-
ploy. The guild is out to put the Amer
ican Bar Association out Of business.
Speakers at the guild meetings have de-
clared that they are concerned with "hu-
man rights" ard that the American Bar
Association has been against human
rights Certainly the bar association has
been rough in its comments upon the
Presidents plan to increase the men,
bership of the Supreme Court, as out
lined in his judiciary reorganization bill.
So the fight between the youthful guild
and its older antagonist takes on at the
start political tinge.
Edith Nourse Rogers, representative
from Massachusetts, has introduced in
the House resolution providing that all
appointees to the Supreme Court must
be natural-born citizens OF the United
States. This is requisite for Presi-
dents of the United States. Such plan,
If adopted, would apply only to future
members of the court At present there
is only one justice of the Supreme Court
who was not born in the United States,
Associate Justice George Sutherland,
who was born in Buckinghamshire,
England. Justice Sutherland came to
this country at an early age and had his
education here and graduated in law
at the University of Michigan. Before
he was appointed to the Supreme Court,
Justice Sutherland had distinguished
career in the United States Senate and
in 1867 he was president of the Amer
ican Bar Association. He was appointed
to the Supreme Court by President
Harding in 1922 and was Immediately
confirmed by the Senate. He is rated
as one of the best legal minds on the
supreme bench and his opinions have
been masterpieces for clearness. He is
one of the older members of the Supreme
Court who have voted in the court
against many of the New Deal measures.
Mrs. Rogers, who is strong opponent of
the Presidents plan to revamp the Su-
preme Court, was not aiming at Justice
Sutherland In her resolution, but at the
appointment Of new justices who, she
believes, may not have proper regard
for American institutions and the Con-
stitution.
It begins to look as though the Senate
Of the United States is inclined to re-
assert itself after a lapse Of some years.
Despite the drive which President Roose-
welt Is making for his judiciary bill,
considerable number Of the Senators are
showing themselves stiff Of backbone
over the Supreme Court proposal in that
bill. Among the opponents Of the Su-
preme Court plan are many Of the lib
erals in the Upper House, who in the
past have stood stanchly by the Presi-
dent. They consider the plan as tamper-
ing with an independent judiciary and
they do not like 1t. OF all the most
widely known liberals in the Senate. only
Senator La Toilette Of Wisconsin stands
out as definite supporter Of the Presi-
dents plan. Senator Norris Of Nebraska
has declared his dislike for the proposal
to increase the Supreme Court and
thereby obtain decisions favorable to
New Deal laws-not because he Is op-
posed to the New Deal laws. but because
he does not like the method adopted by
the President He has said that he will
support the Presidents plan, but only If
nothing better can be obtained. On
the other side, against the President,
are ranged Senator Wheeler Of Montana,
Senator johnson of California, Senator
Borah of Idaho and Senators Nye and
Frazier Of North Dakota.
Administration leaders privately ad.
NIT that it is likely to be three months
before q vote can be had on the court
bill in the Senate. This would put the
vote probably in May. Opponents Of the
bill, on the other hand, assert that the
measure, If 1t continues to contain the
Presidents plan for the appointment Of
additional justices for every member OF
the court who is 10 years and months
old, the bill, will not come to vote ct
all-unless there is a majority against
it. The decision Of the Senate Judiciary
Committee to begin hearings on the bill
March 8 is not an indication Of any
desire to hasten the measure. It was
sent to the Senate by the President on
February S.
There is o growing belief that the
House will wait on the Senate in this
matter Of the court bill. In the first
place, as Speaker Bankhead has said,
the Senate is more intimately connected
with the operation Of laws dealing with
the Federal courts. Appointees to the
courts must be confirmed In their ap-
pointments by the Senate. Then, too,
it might be an idle gesture on the part
of the House to pass this bill If it is
finally to die in the Senate. Certainly
| the House Judiciary Committee has 30
| far backed away from consideration Of
the bill. That committee is to meet
again Thursday, but it seems very doubt
full that It will do anything at that
time about the Presidents bill. A very
| considerable number of the House MEM
bers are hostile to the Supreme Court
plan.
The President is having more trouble