Evening star., 1937-07-17
Member of the Associated Press.
W ar to the End

President Roosevelt has declared for
war, and war until the end, in the fight
10 enlarge the Supreme Court. Perhaps,
after all, this is best, although such q
war will bring much bitterness. The
proposal advanced by the President is
not one that should be allowed to LAPSE
through inattention. 1t should be blown
out OF the water.
Disguised as it may be, the underlying
end, il not purpose, in the court en-
largement program is to make it posi-
BILE for the Executive to obtain the kind
of decisions he desires from the Supreme
Court of she United States. This means
. subservient judiciary.
h Seems incredible that the President
should believe majority OF the Ameri-
san people want any such thng-or that
he should desire 1t himself. The Presi-
dent, IN speech last March, pictured
the branches Of the Government as a
three horse team-the legislative, the
executive and the judical-all pulling
together: all cooperating. cooperation,
as the President saw it, however, meant
pulling the way the Executive desired
10 go.
The opponents of the Presidents court
program have indicated their willingness
10 fight the issue through to the end in
the Senate-and in the House il 1t ever
reaches that body. They are confident
that the longer the Presidents proposal
IS discussed, the greater will be the
strength among the people and in the
Congress against it.
The President AYERS that q majority
Of the people back his objectives, which
he plans to accomplish through a
change in the Supreme Court. There
has been no measure, no election, to prove
that to be so. In fact, there has been an
uprising among the people against the
proposal. If it were not for the i'm
pellinR and compelling hand of the Chief
Executive, exerted in Congress as it is
today there would be only small minor
sty OF the peoples representatives favor
Ing the court bill.
This is no partisan political fight. The
court bill and the compromise for it are
resisted on principle. That principle Is
the independence Of the judiciary. The
President and his advisers have sought
in many ways to create the impression
that partisan politics is actuating the
opposition. They have been unable to
convince the people that such is the case.
The fight to the end which the Presi-
dent has now demanded, however, may
result in disrupung his own party, in
leaving behind it scars which cannot be
healed. Already the Democratic Gov
srnor OF Indiana, Townsend, coming
from an interview with the President,
has turned thumbs down on the reuomi-
nation of Senator Van Euys, an Indiana
Democrat who has resisted the President
on the court bill. Here is an open breach.
The compromise bill, In principle. is
no better than the Presidents original
bill. 1t may be taken for granted that
any other compromise which seeks by
law to change the size of the Supreme
Court will be resisted at this time.
The President has again turned his
back upon constitutional amendment
to accomplish the ends he has in mind.
His letter to Senator Barley seems to
have been aimed at the suggestion ad-
vanced by many OF the Senator'S that 4
constitutional amendment, providing for
compulsory retirement of justices Of the
Supreme Court at seventy-five years.
would meet all needs And yet consti-
tntional amendment would be effective,
The President reiterates his old argu-
ment that constitutional amendment
was too uncertain and would take too
tnuch time. Well, if the American people
Ore really with the President in this court
fight. the amendment could be ratified
In brief time. Why is he unwilling to
put 1t to test?