Evening star., 1937-03-18

not in any way candidate to be-
come a judge"
Chairman Ashurst suggested that 1t
was no crime to be candidate for
judgeship and that there were Sem
ators who were feverishly hoping for
such appointment.
Before the hearing ended, Senator
O'Mahoney of wyoming commented on
this statement of Ashurst's.
He denied that he knew of any Sem
ator who was seeking appointment as
a judge.
II know" said O'Mahoney. that
the Senator from Arizona Mr.. Ashurst,
declined appointment himself to
Federal Circuit Court"
That's right" was Ashurst's reply.
The committee took recess until
2:30 this afternoon, when the exami-
nation of Green will continue.
In his prepared statements, Dean
Green had cited long list Of
cases which have been decided ad-
versely by the Supreme Court, invoF-
ing social and economic questions,
some of them by 5 to decisions.
Charging that majority of the
court has produced the crisis that
has resulted" Dean Green continued:
TT is not unjust to say that the
majority Of the court has assumed
an attitude of intolerance and has
displayed an intemperance toward
much of the legislation which has
come before it in recent years, wholly
out of keeping with the respect &C
corded to the court itself by all
| citizens
Forecast of Decisions.
Green said that every Schoolboy,
when told the issue involved, has been
able to foretell what at least four of
the judges would do and most of the
| time what five would do.
Il am strong supporter of the
Supreme Court and courts every
where" said Green, but do not
| believe the founders desired, or that
| citizens now desire, this Government
to be under the strict detailed super
vision of the judiciary
Green said that if by appointment
of the judges the present course of de-
Cisions has been maintained it was by
appointment of new judges, who have
| different views, that such interpre-
| tation of the Constitution can be
modified.
That is not a violent proposal" he
said. Determination and reinterpre-
| tation are as old as history"
He argued that the Supreme Court
| is a coordinate department of the
| Government and, as such, subject
to check by other departments when
it consistently pursues course out of
keeping with the Constitution and the
needs of the country"
There is nothing in the Constitu-
| ton, he said, which prevents check
| being administered to the courts. and
| such a check can be exercised in a
constitutional way through the ap-
pointment of judges. Green con-
tended it is the duty of the President
| and Congress ito exercise their con-
stitutional power when they believe
| that the courts course of decision is
| not in keeping with the Constitution. J."
| SlteS ODJecL0nS 70 Plan.
The objections to the Presidents
| plan for the court, Green said. fall
| into three categories: First, many
| people think that the scope given by
| interpretations, however liberal, is
not broad enough. They desire an
| amendment. An amendment such as
| desired would be very difficult to draft,
! Green contended. Second, he said,
there are those who oppose the legis-
lation, which they fear would follow
both from Congress and from the
States if new judges should be added
to the court. He said he di' not fear
| or share the apprehension felt by
those who have this view. Third, he
said, there are those who are op-
posing the measure because of their
resistance to anything that might
threaten the integrity and independ-
ence of the Supreme Court.
Green insisted that the integrity
and independence of the court would
| not be broken down by the enactment
| of the law. He said the court is pro-
tected by the most powerful emotional
support of any Of the departments of
the Government.
1t Is the ark of the covenant, the
countrys greatest symbol of orderly
| staple and righteous Government" he