Evening star., 1937-07-10

at a SPECIFIC
time.
Under the new BILL however, the
President is given power to make or
withhold appointments at his own
pleasure. Instead of being given
the opportunity to pack the court
only when judge reaches certain
AGE, Mr.. Roosevelt can now manlpu-
late the matter of nominations 10
suit his own convenience.
Thus, if the court hands down de-
eisions pleasing to Mr.. Roosevelt, ne
can withhold nominations. In other
words, if the court doesn't behave ac-
cording to the dictation of The Mas
ter" as Mr.. Roosevelt called himself
In his famous Madison Square Garden
speech last year, the threat of the
appointment of an additional justice
can be held over their heads. If they
conform to his views, the additional
nomination can be postponed lndefl-
nitely till the packing" cure is
needed.
New Language in Bill.
This arises out Of the new lam
yuaqe inserted in the bill whereby
additional judges may" be appointed.
1t is not mandatory, but permissive,
so a President can hold of appoint
ments at his own will.
Likewise, the new bill provides that
the authority to appoint for any
calendar year shall not lapse by rea-
son OF the rejection Of nomination,
delay in confirmation inability to
nominate during an adjournment OF
the Senate or withdrawal Of a nomi-
nation in a succeeding calendar year"
A President intending to await a
certain time-as, for instance, just
before one Of his important cases
comes up for argument-might cum
MlAtA his appointments. The simple
right to withdraw the nomination or
to run 1t from one calendar year to
smother, makes 1t possible to defeat
the purpose which Senator Hatch had
IN mind when he tried to limit ap-
pointments to one in each calendar
year.
Rixht to Fix Size.
The new bill retains also the basic
principle which opponents of the first
bill stressed. 1t concerns the assumed
right OF the President to fix the size OF
the Supreme Court Of the United
States by enlarging 1t or keeping 1t
at the number he wants, depending
on whether decisions to his liking are
being rendered.
Feeling in the Senate runs high
The attempt on the part of the ad-
ninistration to shut off debate and to
prevent the people from asking
through their representatives ques-
tons from the defenders OF the meas
ure Is one of the most amazing ex-
. elnples Of repression that has come
forth in recent years. FilibuStering
merely to delay is one thing. Ade-
cuate debate in order to place the
facts and arguments before the Ameri-
can people is another. The admin
i,tration made a blunder when it
ordered gag even before the real
debate got under way Is the ad-
ininistration afraid to let questions
be asked that cannot be satisfactorily
answered?
One aspect of the situation which
Is most unfortunate is that which
Centers around the Democratic leader,
Senator Robinson of Arkansas. He
has been selected to fill the vacancy
On the Supreme Court caused by the
retirement Of Justice Can Devanter.
Mr.. Robinson has many friends. He
probably is as popular as any member
OF the Senate, and his popularity ex-
tends throughout both parties. But
ne may forfeit the regard of many
VINO admire him should he handle
shs administrations fight for the new
court bill on the floor of the Senate.
BY all the consideration of govern
mental practice where judges are
concerned Mr.. Robinson ought not to
participate in the debate as a man
ager OF cause. The MANAGEMENT
OF tho Presidents bills ought. for
this single situation at least. to be
named over to an acting leader.
Attitude of People.
Certainly the American people will
not look kindly toward the elevation
to the Supreme Court OF the United
States OF man who personally man
ages political fight to help the
President pack" the Supreme Court
and then gets nomination to the
bench when the fight is over. Mr..
Roblnson has independence, which
Will make him a fair justice, but he
may go on the bench with the big
Eest handicap any justice ever had
II he makes himself a partisan in
the court fight and II he allows him.
psif to be the spokesman OF an unfair
attempt to limit debate.
} Before Justice Van Devanter retired
ths situation was different. But now,
since 1t is generally conceded that
tos- Robinson Is TO be appointed to
M Q vacancy, he has in effect been
dhqualifed from sponsoring legisla-
son IN An active sense which affects
oos very tribunal on which he Is
shortly to sit.
The men who wrote the Constitu-
ton thought Of the same kind of
contingency when they wrote a pro-
vision that q member of Congress
should not be eligible to any ofrlce
created while he was a member of
The legislative body Technically Mr..
Robinson Is to be awarded only the
vacancy which was caused by Mr..
Van Devanter's retirement, but actu-
ally he is to be appointed to a court
the nature Of which will be consid-
erably affected by the legislation
which Mr.. Robinson as a member Of
Congress will not only have voted on.
but which he will have jammed
through by a series Of maneuvers
designed to cut off proper debate.
Many people who want Senator
Robinson to get that appointment to
the bench because they like him and
think hk broad experience with les-