Evening star., 1937-01-07
BY G. GOULD LINCOLN.

believes the trainers of the Constitution
had In mind liberal interpretations OF
that document to meet changing condi.
tionS. His emphasis upon the preamble
of the Constitution and Article I is both
interesting and significant. The pre-
amble of the Constitution reads as fol-
lows: I'VE the people Of the United
States, in order to form . more perfect
union, establish justice, insure domestic
tranquility, provide for the common
defense, promote the general welfare,
and secure the blessings of liberty to
ourselves and to our posterity, do ordain
and establish this Constitution for the
United States of America" The first
section of Article I says: "All legislative
powers herein granted shall be vested in
a Congress of the United States. which
shall consist of a Senate and q House of
Representatives" A rereading of these
parts of the Constitution, plus re-
reading OF the debates which preceded
the adoption of the Constitution, he de-
clares, should be worth while in coming
to q conclusion.
The Supreme Court has been under
attack recently-and at times in the
past-because it ventures to declare acts
OF Congress, legislative acts such as the
N. r. A. and the A. A. A., unconstitu-
tional. There have been frequent de-
mands that laws be passed to take away
from the court all right to declare acts
of Congress unconstitutional, on the
theory that the court exercises legisla-
tive function in SO doing that, under the
Constitution, Is reserved to the Congress.
hoR tn ia 4
impossible for the court to declare an
act unconstitutional unless two-thirds
or greater majority Of the court should
render in the opinion.
The Presidents address yesterday
seems to pull the carpet from under the
feet of Senator Robinson, Democratic
leader Of the Upper House, who, on Sat-
urday, expressed the opinion that the
better and more practical way of meet
ing the situation was to adopt an amend
ment to the Constitution giving Congress
the power to legislate on the question
of wages and hours of labor. If the
Presidents theory is adopted and there
is to be effective legislation dealing with
wages and hours of labor and control Of
production. either the personnel of the
court must change or the present men,
bers of the court must alter their pre-
viously expressed Interpretation of the
Constitution.
The Presidents address covered . wide
field in general terms. He limited his
actual recommendations for legislation
to q comparatively few matters. How
ever, he certainly got quick action on one
Of his recommendations-th asking for
power to halt shipments of arms to the
warning factions in Spain's civil war.
Before the Senate and House adjourned
yesterday afternoon they had adopted .
joint resolution giving the President the
desired power. The vote in the Senate
was 80 to 0 In favor of the resolution and
in the House 403 to /. No more speedy
action was ever attained in the first and
second Congresses of the Roosevelt ad-
ministration. The measure was re-
garded as an emergency matter, de-
signed to keep the United States from
becoming involved in war abroad. Party
lines were disregarded absolutely. The
sole member of the House who voted
against it was Representative Bernard
Of Minnesota, Farmer-Laborite.
AA+H
It is reported from New York that the
Union League Club, long regarded as q
citadel of Republicanism, is about ready
to let down the bars and admit Demo-
Gratis to membership. If the reports be
correct, however, the doors may still
be closed to New Deal Democrats, and
the action of the club Is not to be re-
garded as an olive branch to the present
administration. 1t Is suggested that
such Democrats as AL Smith, John w.
Davis, both former Democratic candi-
dates for the presidency: Lewis w. Doug
las, former director Of the budget, and
Newton D. Baker. Secretary of War in
the Wilson administration, would be
welcomed. These are all considered
"Jeffersonian Democrats" and most of
them were actively opposed to the re-
election of President Roosevelt. The
Union League, apparently, is not be-
coming radical in its latest move. but Is
rather seeking to draw within 1t more
conservatives.
The latest move toward q third party
Is taking place in the House Of Repre-
sentatives. Thirteen Farmer-Laborites
and Progressives, from Minnesota and
Wisconsin, have banded together as q
second minority party and will contest
with the Republicans for minority rec
ognition in the House in the COMMITTEES
| of the House. The progressives are hope
| full that in the next congressional elec-
tions in 1898 their numbers in the
House will be still further augmented,
and perhaps in the Senate. In any
| event, their hope Is that they will be-
come . powerful political factor when
| 1910 rolls around and national election
takes place. The group put forward as
its candidate for Speaker Of the House
| Representative Schneider of Wisconsin.
| He received 10 votes. They have ap-
| pointed Representative Boileau Of Wis
| consin as their floor leader" in the
| House.
The row among the Democrats of the
| House over the choice Of floor leader may
have many repercussions. Representa-
| tive Sam Rayburn of Texas was success
| full in winning the leadership from Rep
| resentative John O'Connor Of New York
by q considerable margin. The tight,
| however, left some scars. One of the
| first results was the defeat, it is said, of
| Representative Frank j. Dorsey of Penn
sylvania for membership in the Ways