Evening star., 1937-02-23
BARKLEY BLAMES
SUPREME COURT
Senator Tells Federal Bar
1t Sought to Curb
Government.

told the FeOerat Bar ASSOCldtlOIl tIlc
court has sought ways by which to
nullify the powers of the Federal Gov
ernment in dealing with national
problems"
Senator Barkley, keynote speaker
at the last Democratic National Con-
vention, delivered the principal ad-
dress at the associations seventeenth
annual dinner in the May1ower Hotel.
Devoting most of his address to
discussing the philosophy of the late
Chief Justice John Marshall, Senator
Barkley said:
While Marshall sought to cement,
TO establish and strengthen the power
of the Federal Government in dealing
with problems under its Jurisdiction,
the more recent course of the same
court has been to find ways by which
to nullify the powers of the Federal
Government in dealing with problems
that are national in their scope.
Probable Attitude.
II venture the prophecy" he added,
shat ! John Marshall were living
today and occupied the same position
he held for "a years, he would not
hesitate to hold the power of the Ma
Donal Government to be sufficient
under the Constitution to prevent the
collapse of our economic and social
institutions"
Discussing a proposed amendment
by Former Senator Richard M. John
son of kentucky, which would have
substituted the Senate for the Su-
preme Court in the determination Of
all constitutional questions, Senator
Barkley said:
Il think we are ready to agree that
1t would have been a serious mistake
to have substituted the United States
Senate for the Supreme Court in the
final adjudication of the controver-
sizes arising under the Constitution
Such an amendment would have de-
stroyed the independent character Of
the three branches of the Govern.
ment. 1t would have placed the Sen
ate in the embarrassing position after
enacting law of passing on its con-
StltutlOnallly.
Declaring the trainers OF the Con-
stitution evidently had little faith in
the ability of the people to govern
themselves, Senator O'Mahoney, Dem
ocrat, of wyoming told the Federal
lawyers:
The Constitution was drafted by
persons who had no faith in the abil-
ity of the people to control them
selves. but it has been made into an
instrument of popular Government.
Love of liberty on the part of the
American people is a force that will
continue to serve the public Welfare
The people of this country believe the
Government should be used to serve
the people. The people have the abil-
ity to make the Constitution serve
their welfare and their benefit"
Misuse Of injunctions was attacked
by James M. Lands. chairman Of the
Securities Exchange Commission. who
is resigning to become dean of the
Harvard Law School.
Traditional legal concepts" he
said, should not be allowed to block
progress. The development of our
law should be the handmaiden of
progress"
Representative Sol Bloom of New
York spoke on the seSquicentennial
OF the Constitution. StreSsing the
many contributions Of George Wash
1ngton to the drive that resulted finally
IN QHnyNfinn nf fhn ;f,,t; h.
said: AT every step of the way, WASH
ington made the Constitution posi-
ble."
Distinguished Guests.
Justin Miller, member OF the Board
Of Tax Appeals and president of the
association, presided and introduced
the speakers.
The guest list for the banquet fol-
lows:
Caesar l. Aiello, Mr. and Mrs. Clyde B.
anderson, Knute Anderson Maj. ana Mrs
Anderson. H. J. Anslinger. Mr. and Mrs.
Harry Armstrong. Mr.. and Mrs. william
W. Arnold; Mr.. and Mrs, A; c. Avery.
ato4 ana ana NM mrs oaS cyae RssY RsaEsa Sen
B. Bane. Senator and Mrs Aiben W. Bark
Lev nart,stf MT and Mrs. Charles sna a Barnsrd
Baughman. Mr. and Mrs. Henry Ward
Mrs \ Rebnes GU1esn Ssn1 Bel Mr. M and MS John
Bentley. james c: Bernhardt. MI. and
NTf sis JfsH ae1be4f gsrFz kInEg.m Mary RgeoT
Eugene Black Rebecca L. Blaine, Repre-
sentative and Mrs, Sol Bloom. Vera Bloom.
Garlile Talt Bolton-smith. Bates Booth, Chief
BTsss asi % and sfr MS F'sy syana anne Terri1 Nj
ssra7iton; sai Smith W. Brookhart, ejr.: Eliza
Brewer; Prem Brower. james 1. Brown.
20 Isrss Bailey EYE, Brown Josephine Brown. Mary
Bruner Senator and Mrs. iiirn william j
Bu!ow, Lieut.. Col. and Mrs. A. M. Burdett.
s Rtyid cais:s P S4s sssass
Mr. nG~ie apd Mss Fred Sqdse Walter asf.t
:sntatiys sent sys+ Walter G Chandler Melvin Charles
Ered ETed. A &c chTiistoph tli Mr. and Mrs. Wright
Wilbur H., Close. Commissioner Conway p.
Coe, Patricia H: Collins Or: Charles s.
Mrs. Mr.. 6 F Consaul; Basil Cooper MT and
Lovice Craig, Mrs. Eloise A. Crocker. Pat
Cronin. Guernsey T. Cross. Karl A.
anu rNIS q. LEWIS DdlDy, CnarleS
W. Davis, Commissioner and Mrs. Ewin
MIS- M snd MS IS 6sva n pebes Ps 1nsy
Denniston; Dozier De vane and guest. Mr.
and Mrs. Raymond H. Dickson. Mr.. Rich
ard L. Disney, Katheryn M. Doherty. Mr.
and Mrs. John Dorsey. Patricia Dutton.
Mr.. and Mrs. Rowland s. H. Over
Mr.. and Mrs. Lawrence Egbert, Mr..
and Mrs. Thomas H. Eliot, Mary Elizabeth
Erickson. Mr.. and Mrs. Peyton r. Evans,
w F. Evans. Mr.. and Mrs. Guerra Everett
MIR; and Mrs: Joseph G. Fehr. Thomas
q. Finucane, Mrs. F. G. Fisher. Homer
J. Fisher. Lieut. Comdr. John J. Fitzeerald.
r. w. FTournoy.. Dell Floyd. Mrs Marie
Moore Forrest, Commissioner and Mrs. I.
NJ. Foster. Louise Foster. Mr. and Mrs.
Charles William Freeman. Commissioner
and Robert e. Freer. Paul Freund. Joseph
John 4. Gage. Hampson Gary. Mathew
Lewey o Gilstrap. David Ginsbere. Nina
Gluckstein and guest. Commissioner Hayner
H. and Mrs. Gordon. Judge William J.
Graham. Mr.. and Mrs. w. L. Gray. c. s..
Mr.. snd Mrs John M. Hager. Mr.. and
Mrs. Ralph H Hallett. Chisman Hanes,
Marie G. Harding Russell Hardy. Sidney
I Harris, Louise Hart, Mr.. and Mrs Willard
1. Hart. Douglas w. Hartman, Gaylord r.
fsrnan Miss ;;, J. Herrity and two guests.