Evening star., 1937-03-13

logical situation that exists in the
court by reason Of long disputes based
on differences of opinion as to policies
While it might not change every de.
cision, it undoubtedly would change
some.
Third, it is evident from the facts
presented by the Attorney General
That nine members can not possibly
read all the briefs and records sub
mltted to the court, and these should
be read even where the court refuses
to hear cases"
Plttman said an amendment limit
ing the number of justices to Is
would remove the fear that succeed
Ing administrations would continue
to enlarge the court"
The first weeks hearings, Pittma n
said, had shown there was no "incon-
Slstency" between the Presidents bill
and constitutional amendment.
There is no issue between them,
which leaves the Senate at liberty to
pursue both processes" he declared.
Such a joint procedure was pro-
posed to the Senate yesterday by SEN
ator Norris, Independent, of Nebraska
Wheeler Surprises Senate.
During the discussion that followed,
Wheeler surprised the Senate by read
ing from President Roosevelt's 1888
book, Looking Forward" statement
that to provide additional judges in
order to relieve court congestion was
likely to contribute to the confusion. ="
Such remedy would merely ag-
gravate the complaint" Wheeler
quoted the President as writing. There
are, of course, legitimate demands for
additional judicial manpower in sec
tions where the population has grown
rapidly. But it is easy to see that to
apply this remedy to all cases Is to
ada to the ravages of the disease"
To his visibly startled colleagues,
Wheeler remarked:
Because some of us disagree with
the Presidents methods now and agree
with what he said in 1893, we're
thought to be just 'defeatist lawyers u
Hope that the hearings would be
curtailed was expressed by Senator
Logan, Democrat, Of Kentucky, sup
porter of the bill, and Senator Borah,
Republican, Of Idaho, an opponent.
Opposes Indefinite Hearings.
Everybody has his mind made up"
Logan said. I'm opposed to going
on indefinitely. l would let the op-
ponents have two or three days next
week and quit"
Borah said he had opposed any
hearings and that it was useless to
prolong them, because every one knew
what each witness would say.
Chairman Ashurst has given no in
dication, however, when the hearings
will end. He said opponents would be
given the first two days next week
and then more time later, indicating
the sessions would run for some time
Louis j. Taber, master Of the Ma
tional Grange; Fred Brenckman, its
Washington representative, and Rep
resentative Lemke, Republican, OF
North Dakota, will follow Wheeler as
opposition witnesses.
Senator Andrews, Democrat, of
Florida yesterday proposed consti-
tutional amendment for a Supreme
Court Of IL members. One associate
justice would be chosen from each OF
the Nations 10 judicial circuits and
the Chief Justice would be selected
from the Nation at large. Andrews
said this would "democratize" the
court. His amendment also would re-
quire that tWo-thirds of the court con-
cur if congressional enactment is
to be invalidated.
Senator Black, Democrat, of Ala
bama, speaking at the Women's Ma
tional Democratic Club here last
night, declared "the time has come
In this country to check the judicial
usurpation of legislative power"
Il predict" he said, that in very
few months we will be under way
once more to change this from Gov
ernment by the few, of the few and
for the few-of the judges and by
the judges--to a Government of the
people, by the people and for the
people"