Evening star., 1937-05-11

cordance with the terms Of the Con-
stitution, it must be assumed that an
immediate court of Is is contem-
plated Immediate. and permanent,
for so reads the instrument.
The bill was introduced in both
branches of Congress BY common
consent, the House elected to stand
by until the Senate should act. There
the measure came to the Committee
ON the Judiciary. The task Of pilot
ing 1t through rocks and shoals, which
every day appear more hazardous, de-
volved upon the chairman Of that
committee. May bespeak from those
VINO listen to my words tonight tear,
or perhaps better, prayer, for our
beloved chairman. Consider his un-
happy plight! A few short months
ago on the floor of the Senate he de-
clared with feeling, and utmost ap-
parent sincerity, that it WAS An un.
just criticism to even suggest that the
President would consider increasing
the membership OF the Supreme
Court, 50 that his policies might be
maintained" repeat the exact
words of our chairman, because no
present opponent OF the proposal has
so adequately described its Vicious
ness Here they are:
"A more ridiculous, absurd and un-
Just criticism Of President never has
been made. No person whose opinion
is respected has favored attempting
such a reckless theory and policy" It
must be admitted that fate has dealt
very unkindly with our able chairman
IN putting him now in charge Of the
very identical bill which he 80 lately
and 50 completely excoriated. To add
to his dnculties he now finds that a
decided majority of his committee
agree with his former position, and do
not care to be put in the class of per-
sons whose opinion is not respected.
Quotes Late Speaker Byrna
At the other end Of the Capitol
almost equal embarrassment would
prevail. In all the stages through the
House OF this proposal to add six
members to the Supreme Court for the
obvious purpose OF affecting is de-
cisaons, the present DISTINGUISHED
Speaker and his colleagues would have
constantly before their eyes the words
OF the late amented Speaker Byrns.
You will remember that he said:
Il am not in favor Of any proposal
to increase the membership Of the
supreme Court because OF is de-
clslon upon any case pending before
1t. I would not under any ctrcum-
stances favor any such proposal. I
know OF nothing that would be more
detrimental to our form of Govern
ment than for our legislative body to
endeavor to influence decisions on con-
stitutional questions by a threat OF
this kind Speaker Byrns was . patri-
olc and far-seeing statesman. IN this
hour Of peril the sober Judgment of
millions Of Americans is responding to
his warning.
Seven weeks of public committee
hearings followed. The proponents
contented Themselves with 4 few
witnesses, who shed little, If any, Light
upon the subject. Most OF them lett
the impression that they have no
stomach for the bill. In fact, many of
them are on recent record as opposing
the principle involved. For example,
there was Editor Brant, who, within
the year, wrote book in which he
declared his frm conviction that to
add members tn the effort to increase
the liberal sentiment would be to make
Of the Supreme Court "a political
chameleon changing color with every
change of administration" We must
make allowance for the witness. Leon
Green, who came to the stand direct
from conferences at the Department
OF Justice, and was obliged to admit
that, at the very moment he was
testfying in favor Of the bill, In con-
tradiction Of his previously declared
views, his name was before the At
torney General for consideration In
hlling = vacancy on the Circuit Court
OF Appeals. Also we must EXCEPT the
Hon. Smith w. Brookhart, who did
not attempt to deny that he considered
himself in line for appointment to the
Interstate Commerce Commission
Moreover, he frankly declared his
desire to do away with judicial review
altogether. He adopts the Presidents
plan only as considerable step In
that direction.
Then followed, day after day. q long