Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-05-13
Appeal to the SOVEREIGN.

On his return tomorrow from his
, brief vacation the President will find a
Congress still wallowing in the doldrums.
AS Senator Burke pointed out in his
address Monday evening in The Star
radio forum, highly important legis-
latlve program, that might be of great
q benefit to the country, receives no
serious consideration" Outside of routine
transaction of business and occasional
fareups over a new-found enthusiasm
for economy, Congress is listlessly fritz
terlng away one day after another
awaiting the removal by one means or
another of the legislative log jam wholly
unanticipated at the outset of the session.
The cause of the jam, of course, is
the court-packing plan. Insistence on
what the country has come to realize
is an unWise. unsound and highly dan
eerous scheme for undermining the indie
pendence of the judiciary will merely re-
suit. as Senator Burke says, in more
weary months of continued stagnation"
In the transaction of the Nations i'm
portant business Strengthened by a
steady rise of sentiment, the court plan
opponents are further from surrender
than they ever were. Surrender of
principle in this matter" said Senator
Burke, could not be tolerated.
Where is the wise way out of this
!mpasse? The wise way out lies in an
appeal to the sovereign-the people.
Not an appeal which is voiced in another
hreside chat or in the accumulation
of pressure exerted by groups that
have something to gain and are willing
to bargain for it. But an appeal to
the people in the form of submission
Of a constitutional amendment; an ap-
peal which will invite the direct response,
In either the affirmative or the negative,
from the only sovereign which our form
OF government recognizes.
The growing list of Senators who are
no longer doubtful" but vigorously as
sertive in their opposition to the court
plan reflects the considered judgment
of those who have examined the court
plan and found it GiSingenuous in it's
assumptions of need for the proposed
changes, manifestly dangerous in its
effects upon our form of government.
Senator Burke's forceful resume of the
weaknesses and contradictions of the
to an already discredited proposal. 1t
Is unlikely that the bill will be reported
favorably from committee. 1t is by no
means certain that, backed by all the
powerful prestige of the President and
the influence he can exert the plan will
ever be enacted. Certainly it will not be
enacted without a long and bitter
struggle of months
Why not submit an amendment?
Senator Burke would pose these ques-
tions to the people: Should there be a
DEFINITE retirement age for justices?
Should acts of Congress be invalidated
by bare majority of the court? Should
the courts maintain their complete indie
pendence from domination by the legis-
lative and executive branches of the
Government? Then amend the Constitu-
ton. The submission of an amendment
to conventions in the States is no more
tedious a process than the attempt to
force through the present court-packing
plan, and what delay there would be is
not capable of the harmful paralysis
OF legislative business and demoraliza-
ton OF Congress that have taken place
already. The delay would be a small
price, indeed, to pay for the avoidance
OF evils inherent in the court packing
plan.