Evening star., 1937-03-18

mine, not yours-the idea Of having
an independent judiciary subjected to
political control?"
Green answered that when one de-
partment Of government so exceeds
bounds, it becomes the duty of the
other departments to exercise the
checks provided in the Constitution.
Il think the appointment of six new
judges to the Supreme Court would
be an exercise of political control
over the court in the higher sense OF
that term" he added
Senator Connally. Democrat. of
Texas, another of the bills opponents
then took up the questioning.
He Brought out that Green had
submitted his statement to two friends
in the Justice Department and after
discussing it with them. deleted some
sections. Green insisted he did thi.
on his own initiative.
Green later admitted he had read
his statement to several friends in the
Justice Department and that they had
made suggestions to him.
Asks Fresh Outlook"
The witness told the Texas Senator
he regarded the present court as hon
est, able, sincere and uninfiuenced, II
but said he wanted new judges with a
fresh outlook because the mental atti-
tude of some of the incumbents had
become crystalized in opposition to the
popular will.
What you want then is to offset
the old bias with new bias" Senator
Connally suggested.
Il don't like the word bias" the
witness said.
"All right" answered Connally
''Well call it judicial complexion
then"
What I mean is this" Greer
stated. L might be wrong about it
OF course, but if Congress thinks as
do, and wants fresh court, I submit
they have the power to appoint it."
Statement Corrected"
During the DISCRIMINATION OF
Green by Senator Connally, the latter
read to the witness from mimeo-
graphed statements prepared by
Green, in which it was said that
Judges who have different views
would be appointed and thus make
possible liberal Interpretation of the
Constitution.
The law professor denied he had
said this. He showed Senator Con-
nally copy of his statement which
he had corrected in pencil so that ii
read instead: Judges with open
minds"
Who suggested you make such q
change" demanded Connally.
mo one" said the witness. He
added that he had been thinking the
matter over last night before he
went to bed and had written in the
change then.
This was your Judgment" said
Connally, waving one copy of the
statement, before you go to bed
and this" waving the other state
ment, was your judgment after yot
got up"
Cites Senate Practice.
Chairman Ashurst told the witness
that he might answer the question
with equanimity.
Senators correct their remark.
after making them" said Ashurst, re.
ferrlng to common practice in thu
Senate. You correct yours before
making them"
Connally pressed the witness to ad,
nit that if the bill passes new justice.
will go on the Supreme Court holding
different view than those now on the
court. After many interchange:
Green admitted that was his hope H.
insisted, however, that the President,
plan had appealed to him as some.
thing that should have been done l0(
years ago in connection with the Su.
prenle Court.
You argue" said Connally, "tha'
whenever the Supreme Court is not il
accord with the peoples will ther.
should be change in the court"
Il would not go that far salt
Green, but when the court over
long course of years persists in on,
line of decision, something should b.
done"
Glad n. r. A. Defeated.
At another point, Conally brough
up the N, r. A. decision and asket
Green if he wanted that decision t.
be reversed and sustained by tn
| new members Of the court.
Il was glad to see the N r. A
| overturned said Green. 1t va
hung with horseshoes"
Connally asked Green if his nam
had not been recommended to tn
Justice Department for appointment
as a Federal circuit judge
| Green admitted that some of hi
| good friends" had made such
| recommendation. He added: Il an
nz1BWE SELL U. S. GOVERN