The Western news. [volume] (Libby, Mont.) 1933-current, 1937-04-29
SEEN and HEAR
around the
NATIONAL CAPITAL,
BY Carter Field

Outside of the special election for
the legislature In New York state.
however, there have been few signs
pointing In that direction. There
seems to be no doubt that a very
large number OF persons are OPP
posed to the President, including not
only those who opposed him In the
last election, but many who warmly
supported the New Deal in that
fight. But there is nothing to prove
that this number of opponents is
formidable enough to force the
switching over OF senator's now In
tending to vote for the Presidents
plan.
Timid Senators
1t Is necessary to bear In mind,
In appraisihg the Importance Of
these signs from the country, that
there are enough senators opposed
to the court enlargement plan to de-
feat 1t by wide margin II they
dared vote their private sentiments.
C.le senator from a Middle West
ern state went to one Of the leading
opponents, who happens to be a
very forceful orator, and urged that
orator to make few speeches in
the Middle Western senator's state.
If you would just make that
speech you just made In half dozen
cities in my state" said the Middle
Westerner, II think / would be able
to vote with you on the final roll
call. l think you could convince
enough OF my constituents that there
is real danger of future dictator
ship in this country involved in this
court packing plan to make it safe
for me to 60 along with you. The
point is that now am afraid not to
60 along with the President.
Most Of the senators sitting on the
fence OF course are not SO frank
about it. But there are very few
sitting on the fence who would not
like to be sure that they could vote
against the President without risk
ing their political futures.
Unfortunately for the Presidents
opponents, however, the breaks do
not seem to be going that way.
Which makes the chances of the
President getting his way-unless
retirements should smooth the way
to compromise-considerably bet
ter than before that Texas special
election.
Justices to Retire
Supreme court "grapevines" are
VIGOROUSLY unreliable, but here is
one that some OF the administration
leaders are highly encouraged
about. 1t is that at a recent con-
ference OF the nine justices, two
announced to their colleagues that
at the conclusion of the present
term-early in June-they would re-
tire.
Further, the grapevine" reports
that the two were from the follow
ing three names: Justices Louis D.
Brandeis, Willis Van Devanter and
George Sutherland.
The first Of these Is beyond ques-
ton the most liberal member OF the
court, has approved more OF the
New Deals progressive pieces of
Legislation than any other. IN fact,
the only two Roosevelt moves he
voted to disapprove were ". r. A.
and the removal Of federal trade
commissioner-William f. Hunph-
rey.
The other two, Van Devanter and
Sutherland, have almost invariably
voted with the conservative side
when the division was anything like
close. They are exceeded in their
conservatism only by Justice James
Clark McReynolds.
So that retirement OF either OF
them would swing the court to the
liberal side on all questions which
have been decided against the
administration by five to four de-
cisions.
The removal by retirement of
both would swing the court to the
administration side on all decisions
which have been against the pro-
posed laws by six to three decisions.
Hand-Picked Successor
The point here is that whether
Justice Brandeis should retire or
not makes no difference in such cal
culations. He practically always
votes liberal anyhow. II he retired
he would be replaced by hand
picked justice whose whole record
and statements of views would have
been gone over with fine tooth
comb by New Dealers.
1t is also a fact that the end of
the present term OF court will come
in all probability--before the SEN
ate can reach a vote on the SUI
preme court enlargement bill. Thus
the retirements, providing they are
announced at that time as the
grapevine" indicates, would sup
ply an excellent excuse for the Pres
ident not to compel the senate to
hold roll call on the measure at
all.