The Washington times., 1937-03-24

was the exact manner, he said,
in which the Nazis rose to con-
troll of Germany.
Rocking Boat"
Dodds told the Senate Judiciary
Committee the President was
rocking the boat" by asserting
his court plan was required to
meet a new emergency. He
charged the President was baSlng
his demand upon a dangerous
emergency psychology" that could
lead easily to the destruction OF
self-government in America.
Dodds declared:
at is possible to be far out OF
sympathy with the reasoning (Ot
the COURT in some opinions and
still to be bitterly opposed to
executive domination Of the
courts.
"The President does not pro
pose to remove the Supreme
Court from the political field,
nor does he deny it the right to
use its judgment in broad areas
closed to the courts Of England.
But on the ground that 1t has
not used its judgment well would
compel it to a different judg-
ment. He has invested scheme
bv which he hopes to control the
opinions of the court"
The Princeton president said the
plan "adroitly appeals to a varied
combination Of prejudices."
Liberty in Peril
But he warned that the greatest
of constitutional authorities agreed
there is no liberty if the power OF
Judging be not separated from the
legislative and executive powers.
The great question before Con-
greSs, Dodds said, was:
"ShalI the President be en-
powered to fix the color of the
Supreme Court by packing 1t to
his liking?"
After that, Congress must de-
eide:
"ShaH successive Presidents
be empowered to fix the color
Of the Supreme Court to their
Iiking?"
Senator Logan CD), Of Ken
lucky, opening the cross-eXamlna'
ton took offense at Dodds' char
acterization Of the Presidents plan
as q scheme by which he hopes
to control" the Supreme Court,
and asked;
"What do you mean by
scheme?"
DEFENDS TERM
"Tt's a device generally accepted
to be in the letter Of the Con
stitutiOn to bring about change
on the Supreme Court, which
win guarantee certain opinions
on legislation coming before it"
cit can't be q scheme when
it's done in a constitutional man.
ner and openly as this is being
done"
II think 1t can 1t is outside
the sphere Of the Constitution.
You are confusing the letter of
the Constitution with the spirit
Of conStitutiOnaliSm."
"Well, it's been done seven
times before. Why Is 1t a scheme
when it's been done so many
times in the paSt?"
Throughout $50 years, our
country has grown to regard the
independence of the Supreme
Court as essential. This plan
I yield to you in the word
Scheme-in view Of the world sit
uati0n, Is dangerous"
TREND TO ABSOLUTISM
do you believe the President
will make an agreement with
each appOintee as how he shall
find on constitutional questions
and that the Senate will con-
firm such men,"
mo, but we've been given
every reason to believe that the
appointments will be of six men
whose attitude on measures that
will come before the court, can
be predicted accurately.
There is a dangerous drift
toward absOlutiSm in this cOun-
try. Left or right, Communism
or Fascism. 1 don't say any man
in the Government is aiming at
that thing. / say that this plan,
which comes to many Americans
as a stiff blow, may lead us over
the year to the abandonment Of
danncranV aS nnIun knnHun Ii y