Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-03-11

had Warren Harding as President and
Mr.. Daugherty as Attorney General"
An opponent of the bill. Senator
Burke, Democrat, of Nebraska, sug-
geSted to Jackson that it would be las
abhorrent to the country to place men
without training in the law on the
Supreme Court as it would be to in
crease the court for special reasons"
He asked Jackson whether he believed
| that when the President and Con-
gress are sufficiently dissatisfied with
the decisions of the court he would
consider it proper to increase the
| court.
ut is within their power" answered
Jackson, and l think it is proper to
exercise that power at this time"
Jackson took up an argument made
by opponents of the court bill that if
in the future a conservative admins
tration came into power it, too, could
change the court to suit itself
Conservatives Don't Need Court.
The conservatives never need a
court if they have Congress and the
President with them,' said Jackson
All the conservatives seek to do is to
keep things in status quo"
Senator Burke suggested that the
power to increase the Supreme Court,
therefore, was only of value to the lib
erals and could only be used by them
with effect. Jackson replied that GER
, tainly the liberals have to have all
three branches of Government with
them to get anything done.
In reply to a question from Burke,
Jackson said he saw no Improperly
in passing law to reduce the size
Of the Supreme Court in order to get
favorable opinions, except for the fact
that it might place too heavy burdens
upon the members of the court.
Senator Van Mugs. Democrat, of
Indiana, asked Jackson how long he
had had an idea that the Supreme
Court needed to be increased because
Of the amount of work piled up Jack
son said that he had said nothing
about it in the past.
If it had not been for the decisions
of the Supreme Court overruling these
New Deal laws, this question would
not have arisen at ALL" said Van Mugs
Senator Connally, Democrat, of
Texas asked Jackson if his thesis did
not depend ION the kind of judges
you're going to appoint; that if you
get six who will decide as you want
them to decide it will be all right"
Would Take Adverse Ruling.
NO" said Jackson, Il am willing
to take an adverse opinion from a
judge who I consider open-minded."
But" said Connally, this proposed
law will be of no effect if you do not
get judges who will be liberal minded
and will hand down opinions you de-
sire If you should get six new judges
like those you complain of nothing will
be accomplished"
Connally insisted that under the
Presidents plan, the Constitution
would remain the same, that Congress
would have no new power. He added
that what they would have would be
new judges with new interpretations
of the Constitution
IF the Constitution is what the
judges say it is" replied Jackson, re-
verting to quotation from Chief JUS
tice Hughes when he was Governor Of
New York, then our generation
should have something to say about
It,"
Chairman Ashurst interrupted,
What you think Mr.. Jackson Is that
the court should not be blind to all
those things which other people see"
Senator Dieterich said the purpose
Of the proposed law and the admins
tration was to get fair-minded judges
and not judges pledged to any legis-
lation beforehand
Certainly" replied jackson.