Evening star., 1937-06-05

bled press cor
respondents this
week that he had looked up the statute
and found that the Supreme Court
was not required to recess on June
and that the justices could have
stayed in session If they liked. The
President then proceeded to recite sew
eral instances in which he believed
serious harm had been done by the
courts recess.
II anybody had been SO inclined, he
could have made an even greater list
OF items on which Government action
has been delayed due to the Presi-
dents frequent absences from the
National Capital and likewise one
might criticize Congress for venturing
TO adjourn at all when there are SO
many items of legislation on its
calendar.
Secs Action unprecedented.
The fact that the judicial branch
Of the Government left a few cases
to be argued in the Autumn term is
not unusual. but it is most unprece-
dented for the head of the executive
branch of the Government to tell the
judicial branch of the Government
how to do its work and to boss it
around. In Germany, Chancellor
Hitler orders the courts around and
tells them in effect how to decide
cases.
The President has indicated that he
Il dissatisfied with the record of the
Supreme Court in the session just
closed because while it did decide all
the major cases in favor of the New
Deal. 1t had the temerity to adjourn
without hearing some Of the cases
which reached it week or two prior
to the adjournment time that has
been for decades the regular time for
recess.
As . matter Of fact, the President
has been grossly misinformed if he
thinks the denial by the Supreme Court
of . petition for review OF the T..
v. A. case is actually delay that
works against the T. v. A. 1t is
exactly the reverse. Had the su-
preme Court granted q review. this
step would have delayed the hear
ing Of the entire case on its merits
In the lower courts for another six
months. As it was, the Supreme Court
In effect concurned in the Judgment
OF the Circuit Court of Appeals in
Cincinnati which lifted Judge Cores
injunction. Thus the T. v. A. is free
TO 60 ahead with new construction.
just why the T. v. A. counsel ap-
pealed from the Cincinnati decision
70 get ruling in = technical point,
which. had 1t been granted, would
have caused more delay is . mystery
10 many lawyers hereabouts.
Holding Company Case.
As for the refusal OF the Supreme
Court to speed up consideration Of the
utility cases involving indirectly 4
eest Of the death sentence" for hold
ing companies. this as a subject touch
ing . $4,000, 900. 900 industry and
ehe Supreme Court just thought it
would be wiser to have the issue tried
n the Circuit Court OF Appeals in
stead Of skipping that particular step
IN the normal procedure. Mr.. Roose-
Welt may be in q hurry to see the in
sestments of many millions OF citizens
confiscated, but the Supreme Court
has the old-fashioned idea that JUS
eice demands deliberation and GER
sainly that people must not be al
Bowed to think their rights are being
xaksn from them by q deviation from
the regular procedure. II the death
sentence Is to be administered some
dAy, the Supreme Court evidently
Snlnks the opportunity to perform the
9Ast rites for investors and manage
Dnent should not be denied the sinners
On the subject OF the actual work
done by the Supreme Court. Mr.
roosevelt indicates that while vaca
eons are perfectly natural, they should
not be taken at this time. He, on
the other hand, consulted only the
eArpon in the Caribbean when he de-.
eided to leave Washington in the
midst OF one Of the most importan,
esSishtive sessions in the history O,
the Republic.
The Supreme Court justices work
eard. They are at their labors eieh,
hours or more day and they work
~ least six days a week. Thus. while
sne 40-hour week is 10 be ARRANGED
for workmen generally, the court /.
sot TO be included In the proposed
legislative arrangement for a maxi.
mum Of 40 hours.
But the four Summer months are
pot AL spent in vacation. Justice
Stone In An address before the Amer.
ran Bar Association, discussing the
work OF the court, said
On course, so heavy burden O,
YORK could not have been disposed
Pf IN 30 brief 4 time II all the Judge.
nao not spent some OF the Summer ir
examining the accumulations of an.
plications for oertiorari."
These applications for review are q
pumerous that they have to be siftee
p each OF the members OF the cour,
nurlng the Summer, and by the tim,
ne court reconvenes It hands dow,
D Pile OF orders and DEGREES.
Mr. Roosevelt is right when he say,
ne hearings and oral argument O
bases actually is adjourned durin,
sne Tour months between June ane
October. but to get rest the cour
cannot take fishing trips in the middl,
pf IT. term or 90 to Georgia at Thanks.
e1vins Tor . month or 60 of to soutf
America on . voyage or do any of tn,
many things which = tolerant ant
fnduleent Nation has permitted no
only MIR. Roosevelt but other President
20 DO while in Office The work O
sne supreme Court is an almost super
human task Of concentration on mul.