Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1937-05-03
THE FARMER AND THE COURT
By Fred Brenckman

By Fred Brenckman
Washington Representative OF the
National Grange.
fExtracts of d Statement Before the
Senate Judiciary Committed !
Those who advocate the enlarge
ment Of the powers of the Federal
Government should go about 1t openlv
and directly, rather than attempt to
irtimidate and coerce the Supreme
Court. Let a proposal to amend the
Constitution be submitted to the
states Let the ra0ple read and study
it. so that they may know what it all
means.
The argument has been used, even
by those holding high official station,
that we do not have time to amend
the Constitution in the regular way.
This 6elusive and destructive idea
cannot 20 seriously entertained Tor
single moment. 1t can only men that
we no longer have the time nor the
patience to submit to the forms or
constitutional government. 1t means
that the Constitution should he wrap.
ed and twisted out of shape ~ udl-
cial Interpretation in such way as
to give validity to any act that Con-
gress may pass.
It is interesting to note that the
last eleven amendments to the Con-
stitut1on were ratified in about fiji
teen months on the average. The
Twentieth Amendment was ratified i'll
about eleven months, while the Twen-.
ty-first was approved in less than ten
months.
IF sentiment t. .CUgnout the cOun-
try is so Overwhelmingly in favor of
certain measures that have been in
validated by the Supreme Court as it
is reputed to be, it should Re possible
to secure the ratification of an amend
ment in a few months.
FREQUENT reference is made to the
proposed Child Labor Amendment as
an example of how long it takes to
secure a constitutional amendment
This amendment, which was submit
ed in 1924, has thus far failed to re-
ceive the approval of the required
number of states, largely because
common sense revolts at the idea OF
classifying boys and girls up to eight
cen years of age as children. A large
proportion of the soldiers IN the
Union and Confederate Armies dur
ing the Civil War were under eighteen
years of age.
AS was to be expected, the word
"reactionary' is being hurled at those
who have declared themselves as be-
ing opposed to packing the Supreme
Court. It is only necessary to say In
this connection that epithets con-
stitute a poor substitute for argu-
merts Of the kind that appeal to the
God-given gift of reason.
1t would seem that the real reac-
tionaries are those, however good
thair intentions may be, who would
destroy the independence of the judi
ciary and take us back to the period
of absolutism that existed prior to
the time when, at Runnymede, the
barons of England wrested Magma
Charta from King John, more than
zoo years ago.
It will readily be agreed that per-
maps the ablest and most scholarly
foreign student of our institutions
was James Bryce, author of "The
American Commonwealth In his il
lum1ndJluS SO4IlAiISito ACS]l uiliS IA1
Supreme Court, Bryce says:
"The Fathers CT the Constitution
studied nothing moo than to secure
the complete Independence of the
iudiciary. The President w&s not per-
1nitted to remove the judge, nor Con-
eress to diminish their salaries. One
thing only was either forgotten or
deemed undesirable, ecau1e highly
inconvenient 70 erminc-the num-
Der of judges in the Supreme Court.
Here was a weak Point, joint in tho
courts armor through which weap-
on might some day penetrate.
Suppose Congress and President
bent on doing something which the
Suprens Court deemed contrary tc