The Washington times., 1937-03-17
5O-YR. SILENCE
OF TRIBUNAL
ISBR0KEN
High Justice Calls on
President to Be a
"Good Loser"
International News Service

Official washington, as well as
the entire judiciary and legal pro-
fession of the country, we're flab-
bergasted today over Associate
Supreme Court Justice James C..
McReynolds' open denunciation
of President Roosevelt's judicial
reform program.
Not only did the justice break
the traditional silence of Supreme
Court members on national con-
troversieS, which has been fol-
lowed for so years, and declare
that the court in the American
form of government sis like the
balance wheel of watch; take it
out and the works will not fun
tion," but he called upon Mr..
Roosevelt to be "a good loser"
In this connection he said
good sportSmanShip demands that
when a person had presented his
case to a fair tribunal and lost,
he should be a good sport and
say, This is my country"
reluctant TO comment
Members of Congress were re-
luctant to comment on the jus
tice's statement describing the
high court as the Governments
balance wheel"
Senator Ashurst CD, of Ari-
Zona, heading the hearings on
President Roosevelt's court revi-
sion plan, declared the justice
would be invited to testify only if
he expressed a desire to do SO,
adding:
'If any justice wishes to be
heard by this committee, he
need give US only hint"
Senator Minton CD, of Indiana,
made this comment on the Mercy
nolds' statement:
'I've always thought of the
Supreme Court as being 'On the
team one of the coordinate
branches of the Government,
and not as an umpire"
Senator Logan Cd, of Ken
lucky, said:
"The justice was entirely with
in his rights. There was moth
ing improper in his statement.
He had a perfect right to make
it."
Senator Hatch CD, of New
Mexico, said:
'Tt'S entirely proper"
Justice McReynolds is IS and
one of the members Of the Court
Mr.. Roosevelt wants to counter
act through his proposal to en-"
large the Court from nine to Is
members. He is a conservative
member.
Addresses Fraternity
He made his remarks at the
eighty-eighth annual founders
day banquet here of the Phi
Delta Theta fraternity, to which
he was admitted at Vanderbilt
University SIS years ago. Less
than 100 persons heard him
speak.
Both the opposition and sup
porters of the proposed Court re-
forms admitted the Justices re-
marks about good sportsman
ship" were directed at the Presi-
dents open resentment at the
Courts action in invalidating the
NRA, the AAA and other New
Deal recovery measures.
When the recovery act was
knocked out IN the Schechter
chicken case, they recalled. Mr..
Roosevelt declared the decision re-
turned the country to "the horse
and-buggy days"
Aiming at the Presidents infer
ence some members of the courts
were hampered because of advanc-
ing age, the justice said:
"The courts are not reSpOn-
sible for those derelictS. The
Constitution delegated that
power to another.
"We're in a troublesome
wOrld-a strange common un-
rest-a strange disposition to
forget that injunction to prove
all things.
"There is q strange restless
ness; a strange desire to break
away from that which is. proved
to rule or ruin.
at is difficult to understand
this wiIIful OppOrtunism."
DEFENDS CONSTITUTION
OF the Constitution, he said:
at has succeeded beyond ex-
pectatiOns of the fathers. We
have seen rights to life, liberty
and property preserved"
Foremost in his mind, Justice
McReynolds said, was his oath
to support the Constitution.