Evening star., 1937-02-16
THE POLITICAL
MILL
BY G. GOULD LINCOLN.

oAiuiA GACOlOCliV 4SOOoCNCAVD RtoAi 4OA AAA
creasing the membership Of the Supreme
Court be approved? The issue had no
part whatever in the national election
last November The campaign now
under way, both for and against the
Presidents plan. is conducted for one
single purpoSe-to influence the members
of Congress who must vote upon the
bill which the President transmitted to
Congress along with his message rec
ommending the reorganization" of the
judiciary. There is no way in which
the people may vote, now, on this issue.
Representative Martin w. Smith, DEM
ocrat from the State of Washington, has
advanced a novel proposal. He would
have a national election to determine
the sentiment of the people for and
against the Presidents plan. To that
end he has introduced resolution in
the House suggesting and recommending
to the President that such an election
be conducted. He suggests that the
Post Office Department may be used in
carrying on the referendum.
There is no provision IN the ConStitu-
ton or in Federal law for a referendum
of the kind proposed by Representative
i Smith. The country depends upon the
press, upon resolutions adopted by vari-
GUS organizations and upon the letters
addressed to members of the Congress
and to the President by individual
Americans to ascertain public opinion
upon important issues-when there is no
election in the offing. When, as in sthe
present case the issue is to be deter
mined by action of Congress, the Sena-
~ 1tot; n x,itl !,
messages. letters and kilograms. They
are beSieged by representatives of labor
and farm organizations, by represent
atives of bar associations and of pa
triotic organizations. 1t is all very be-
wildering.
One thing the Presidents judiciary
bill has done. 1t has split up into vari-
| ouS factions the proponents of a con-
Stitutional amendment to give Congress
| authority to deal with social and eco
nomic problems of national scope, with
| the regulation, for example. of labor and
| industry and agriculture. His plan is to
| obtain, If possible, a Supreme Court
| which would hold legislation like the
| N. r. A. and the old A. A. A. constitu-
| tional-legiSlation designed to regulate
| labor and industry and agriculture. Some
| of the advocates of such an amendment
| are hostile to the Presidents plan to
pack the court. Others favor it. One
| of the things that is troubling advocates
| of a constitutional amendment is that
even if the court should be packed" in
| the desired manner, there would always
| be a question as to whether it would
| remain favorable to such legislation
This is entirely outside of the question
| as to whether the court should be
packed" at all, proceeding to which
some of the constitutional amendment
advocates strenuously demur.
The administrations big guns have
begun to roar. 1t was natural that the
Attorney General, the leading law officer
| of the country and one of those who
worked with the President in drafting
| the plan for revamping the Supreme
| Court, should be a leader in the cam
paign TO persuade the country to back
up the plan. The most caustic criticism
of the Attorney Generals defense of
the Presidents plan came from Senator
Carter Glass of Virginia, who has ranged
| himself in opposition to the administra-
| tion on this issue. Senator Glass said
| that the Attorney Generals address had
| demonstrated what the country really
needs is new Attorney General instead
| of more justices of the Supreme Court.
| The Virginia Senator's comment is in
| dicative of the growing bitterness which
the issue Of the Supreme Court is arous-
ing.
The inclination of the administration
leaders seems at present to be to play a
waiting game. They are not willing to
bring the judiciary bill forward for
| consideration and action, either in COM
| mittee or on the floor of either house,
| until they shall have marshaled all the
| strength and influence they can. They
are waiting for a roar from the ranks
of labor and the farmers in support of
the President, believing that it will have
its sure effect on members of Congress
particularly on the Senators. Up to the
present, however, the roar has not by
any means been all one way. Senators
| from agricultural States have received
| a tremendous mail in opposition to the
plan.
| It has been reported that the admin
istration is preparing program of legis-
lation for both labor and agriculture and
that this will be brought forward in
| plenty of time to line up labor and agri-
culture for the Presidents court plan
For labor and the farmers will be made
to understand, if possible, that they can
not have these laws unless they have at
the same time Supreme Court contain
ing the necessary amount of new blood
to make the laws stand up. There has
been nothing yet from the White House
to indicate that the President has this
strategy in mind. However, the Presi-
dent in his campaign speeches insisted
| that the fight for laws of this kind
would 60 on. If the struggle to pass the
| judiciary bill becomes prolonged, if there
is flibuster in the Senate that threat
ems to delay a vote indefinitely on the
measure, it may be that these proposed
| new laws will not be held back, but will
be introduced in Congress.
| y n
At present the opponents Of the Presi-
dents Supreme Court plan in the Senate
are busily counting noses. If they can
list 33 Senators who will hatly decline
to vote for cloture rule on the judiciary
bill, they will feel they have the situa-
ton pretty well in hand. OF course, they
will make every effort to obtain a list
Of greater proportions for 80 Senators
| would be the narrowest possible margin
to prevent the administration leaders
from invoking the cloture rule. Under
the rules Of the Senate cloture can be
applied only by two-thirds vote of the