Evening star., 1937-05-19
Saving g Court Prestige
Resignation of Van Devanter May Help Preserve
Traditional Form.

was deeply unpopular in the country.
Many Americans have been shocked:
most have been made uneasy; no
body, not even the bills public sup
porters, liked the manner in which
it was launched: some Of them, like
Morris Ernst, admitted publicly that
1t was creating dangerous precedent;
altogether. the proposal got the hook,
and the Representatives in Washing
ton knew 1t and began to feel that
they could stand again In their con-
stituencies ON this issue and possibly
be reelected even with the hostility
Of Mr.. Farley.
Presidents Greatest Failure.
The whole campaign has been the
greatest failure In the Presidents ca
reer. 1t has been absolutely impossible
Tor his supporters to make q liberal
vs.. conservative issue out Of 1t. First
OF all, the lineup in Congress. the
spontaneous lineup. precluded that
issue.
Senator Wheeler, liberal, who in
the last Congress fought valiantly for
the utility holding company bill, which
was the target Of the Economic
Royalists" and was opposed at the time
by his party colleague. Senator Diet
erich. came out to lead the opposition
to the judiciary bill-while his less lib
eral opponent supported it as a regular
party fellow.
Wheeler, Shipstead, Nye, Frazier,
Borah, johnson. Democrats and Pro-
gressives, are all against it. Every Re-
publican is against it, which has been
by no means true OF the whole Roose-
welt program. The conservative Demo-
Gratis are against it. What are left are
mostly yes-men. Not altogether. Let
us be fair. Senator La Toilette and
Senator Norris are not yes-men. But
by and large the support for the bill
has been plain subservience to the
Presidents wishes-and to Mr. Farleys.
Bench Was for Rights.
The attitude Of the members of the
supreme bench also made it impossi-
BILE to present the proposal as a great
liberal measure. When Chief Justice
Hughes and Justice Brandeis coupled
their names in the statement which
dismissed once and for all the charge
that the bench was not keeping up
with its work. it became apparent that
the bench, also, which has been divided
on many questions, was not divided
on this one
The supreme bench is an instru-
ment Of the state, not OF the majority.
1t does not represent the prevailing
congressional majority and it is not
an appendage Of the presidency.
Whether or not that should remain
a fact in our American system of gov
ernment has been the issue. and the
only issue. And the votes against the
Presidents proposals are votes against
personal usurpation Of power, simply
that and nothing more.
Catastrophe Possible.
II the President hardens and in
sists on both form and substance
this column believes that will be his
catastrophe. But perhaps We know
too little of the politicians mind.
Whenever has it been ignoble to
admit mistake, or unattractive to
accept defeat in = sportsmanlike
manner?
The court is on the liberal side
now. The conventions until now have
been preserved. We still have legiti-
mate government. If the President
goes on insisting, not only that he
wants a liberal court but that he
wants it to be his court, organized in
his way, the whole campaign will