The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1937-03-16

ldinary running OF government VIC
lconsider that TO be the least pain
full and most efficient method.
I'VE accept such decisions with
good spirit and 20 about our daily
work and make the best OF II
when defeated. But we have done
SO i'm the past because we have
known that all the rights of q
Ibcatcn minority cannot be tram
I plcd under foot. We have known
| that there were certain fundamen-
, tai rights as TO property, freedom
of speech and press, from unwar-
rantcd searches and seizures, and
so on. that were guaranteed ana
that, i'm the last, resort, the SUI
! prcme court would uphold them
/ for us. But if the court were to
he made the puppet of an admin
listration We could no longer have
confidence that when beaten on
n POLITICAL issue we might not
lose also some or all of our con-
Istitutional rights. The minority
might then find itself without the
right 10 organize or to express
itself freely in speech on press
and without democratic weapons
against the majority.
II is often said that the fathers
who drew up the constitution
could not foresee all the changed
conditions of today. True, but
they did SEE that they could not
FORESEE, and so they provided
means for change by amendment
by the people. They We're careful
not TO give this power OF ehange
20 the president OF congress OF
court but kept it, where 1t be-
longs. in the hands of the nation
az large. As Washington said IN
his Farewell Address: IF IN the
opinion OF the people, the diStfi-
button or modification of the con-
stitutional powers be in any par,
ticular wrong, let it be corrected
by an amendment in the way
which the constitution designated.
But let there be no change by
usurpation; for, though this, IN
one instance, may be the inStru-
ment of good, it is the customary
weapon by which free govern
ments are destroyed"
Why then this now attempted
usurpation, this request that the
executive and legislative depart
ments shall control the court by
threatening to pack it,. When the
bill was first sent to congress the
impression given was that II was
an incidental reform in admins
tration for the sake of efficiency.
That obvious misrepresentation
has since been torn to shreds. IL
has been shown that the supreme
court is not behind with the cases
which have come TO 1t. IL there
has been delay il has been in the
lower federal courts in which for
more than q year the president
has failed to fill eight vacancies.
II has also been shown that
court of fifteen would be less eX-
peditious and efficient than
court of nine. As every justice
has TO study each case there can
be no division of work, but after
each has done so, more time Will
be taken to talk it over between
fifteen men than between nine, as
any one knows who has served on
committees. As TO age, the most
liberal and one of the most etfi-
Gent of the justices is Mr.. Bran
deis who is the Oldest on the
court. No one, | think would OBJ
iect, as the present justices retire,
TO have new ones accept office un-
der an age retirement manage
ment. But we need not go on.
The President has practically adj
mitted that the object of the bill
is to pack the court so as to get
certain decisions. -s
The people have had no voice
in this matter. 1t is said that they
or the 60 per cent OF them VINO
voted for Roosevelt in November,
gave him a mandate. A mandate
for what? II is true that this 60
per cent was evidently for varl-
Gus reasons in favor of the PreSi-
dent and his general policies But
although he apparently had TINS
packing Of the court in mind he
said nothing to the voters. On the
contrary he ran on 4 platform
which distinctly affirmed that If
desired legislation, (for purposes
with which most of us agree IN
the main) could not be secured
within the Constitution the nee
essary clarifying amendment"
would be sought. This is what the
people voted for and this was the
mandate they gave. If the Presi-
dent had anything else in mind,
nc did not take the people into
his confidence though he asked
them for theirs. | do not see how
anyone can believe that a bill to
pack the supreme court rs within
the Constitution. 1t is true that
congress has the power TO alter
the number of justices but that
power mas never been considered
as having been given 20 it for the
purpose of controlling and Subor-
dinating to itself the decisions of
the court.
On the other hand, it is claimed
that the amendment which it was
promised would be submitted to
the people, if necessary cannot be
for two reasons. First, that it
would take too long. Administra-
ton spokesman point to the child
labor law. This has not passed yet
after a dozen years but they say
nothing Of the amendment repeal
ing prohibition which took only
ten months from start. to finish.
LIT depends solely on the unitica-
ton of public opinion. The Ameri-
can people overwhelmingly want
ed repeal and they got it in quick
4 o,,lo,, Manu- ,yapt a child labor