Evening star., 1937-02-17

measure because
1t would enable David Lawrence.
justices to retire
at 10 if they wish and there is nothing
compulsory about it.
When this bill comes to the floor
of the Senate it is open to amendment
and the Presidents bill to increase
the size of the court can readily be
attached to the retirement bill as an
ordinary amendment. If it should
pass, the measure would then go to
conference and it is a foregone con-
clusion that the White House would
control any conference committee ap-
pointed and the result would be an
easy acceptance by the House of the
Senate measure.
Such device, the parliamentary ex-
perts say, would be effective because
it is always difficult for members to
vote against conference report which
contains many good things as we'll
as things they themselves oppose.
Signs of Device Seen.
The tactics of various adminiStra-
ton leaders in the last few days are
being cited as proof that there may
be brewing a plan to rush the Presi-
dents bill through the Senate as an
amendment to the measure providing
compensation for retiring judges
Thus announcement has been made
by Speaker Bankhead that the House
will not consider the Presidents bill
to reorganze the Supreme Court till
the Senate has acted. Announcement
has been made by Senate leaders that
next Monday the bill providing for
voluntary retirement will be reported
favorably to the Senate and will be
passed shortly thereafter.
Will the members of the Senate
who are opposed to the plan contained
in this suggested amendment be able
to defeat it? Many of the Senators
are lined up against the Presidents
proposal. but the "non-committal'
group represents the balance of power.
Forced to vote on a surprise move,
most of them would probably 60 along
with the President. Fortified, on the
other hand, by public sentiment
aroused as matters are delayed and as
the Senate committee holds hearings,
these Senators would be won away
from the Presidents position.
Delay May Kill Proposal.
While on the surface it is being
said that the administration wants to
defer action and take plenty of time
the truth is the administration would
be a beneficiary of an early vote, but
would be beaten by vote taken two
or three weeks hence. In other words,
against the plan is proceeding rap
idly, but it is doubtful if the full pres
sure on the members of Congress from
their constituents will be felt as early
as the forepart of next week, when
the amendment to the retirement
compensation bill might be coming up.
There is, of course, the chance for
prolonged debate. Proponents of the
amendment would not be able to cut
of Senate debate, but the opponents,
on the other hand, would hardly have
the same advantage next week that
they would have two weeks hence
and in the absence of an organized
filibuster the amendment might come
to vote before the end of next week
Confronted by vote in favor of
the President plan in the Senate,
House opposition might crumble. Un-
questionahly the administration would
come in for considerable attack if it
did not allow the Presidents bill to
come from committee after regular
hearings and if an attempt were made
to tack it on the compensation bill as
an amendment. But the parliamentary
rules permit of such a thing being
done. Similarly, an administration
which has drafted the plan for the OBJ
Jective stated by its spokesmen is not
going to worry much about cutting off
hearings before the Senate commit
tee and taking advantage of a parlia-
mentary device to put its measures
through.
Early Debate Likely.
Hence it will not be surprising if the
big debate on the Presidents plan to
increase the size of the court came in
the Senate next week with the pros
pect of a vote on a motion to refer
the amendment back to committee
being the crucial test of sentiment in
the Upper House.
Mail and kilograms to members of
Congress continue to pile up every day.
It is apparent that religious groups
everywhere are beginning to get wor-
ried about the prospects of making
the judiciary subservient either to the
executive or legislative branches of
the Government.
While the Legislature of Oregon
and the Legislature of Nebraska could
pass such laws and claim that they
represented the will of the people, it
was the Supreme Court which said
that such laws could not stay on the
statute books of any State because
they violated the Federal Constitu-
ton. The Legislatures of Ohio and
Iowa had passed laws somewhat SINH
lar to those of Oregon and Nebraska,
but when the Supreme Court held the
Oregon and Nebraska statutes invalid
1t likewise swept aside the statutes of
Ohio and Iowa.
Curbs Temporary Prejudices.
The instance is related to show that
the Supreme Court is important in
more questions than so-called social
and economic objectives, for even
these laws, plainly interfering with
private parochial schools, were her
aided by their sponsors not as inter-
ferences with religious worship, but
as desirable laws from a patriotic
standpoint. Legislative majorities have
often reflected temporary prejudices
such as the objection to teaching the
German language in our schools.
residue of the World War hysteria.
The Supreme Court, however, acts on
the law and the constitutional prece-
dents irrespective of the clamor OF
the moment. and that's why there Is
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