Evening star., 1937-03-19

An accumulation of natural
gas was blamed for the explosion.
gress might not deprive all courts Of
power TO review any constitutional
case, DR.. Lewis replied:
There is logic in your thought, but
law is not always a matter of logic
Consequences of what you suggest
makes me hesitate to express an opin-
ion on it I think it would be most
dangerous thing to do"
Senator Logan then remarked he
believed the majority of the lawyers
opposed TO the Presidents plan failed
to understand it. This brought from
Senator King, Democrat, OF Utah, the
retort:
May I suggest that those favoring
the proposal are the ones who don't
understand it. Evidently the great
masses Of the people don't share the
perspicacity of the bills proponents"
Before today's hearing, Senator
Burke, Democrat, of Nebraska, in
dicated the Supreme Court justices,
if they decide to testify, will be called
Monday. Burke said he would be glad
to hear from the Chief Justice Monday
should the latter desire to testify. He
added that Senator Wheeler, Demo-
crat, Of Montana, another opposition
Senator, was ready" to testify Mon
day, but would not say he is scheduled
to do so. Prior announcements had
designated Wheeler as the first oppo-
sltion witness.
Lewis Makes Reply.
In reply to question by Senator
Norris of Nebraska, Lewis said the
President takes an oath to support
the Constitution-not the interpreta-
ton of the Constitution by any court
or any one else"
Answering Senator Dieterich of Hi
nois, Lewis said that if the Presidents
bill were enacted into law, there
would be no change, whatever: that
it would leave the Supreme Court un-
changed, except as to personnel. and
the Constitution absolutely as it is.
The witness insisted that a conserv-
ative President would appoint per-
son of conservative opinions to the
Supreme Court. that such appoint
ments have been made again and
again.
In reply to other questions Lewis
insisted there was no question now of
packing the court or of unpacking it.
Senator Burke Of Nebraska ques-
toned Lewis in regard to his state
ment that If the present court re-
mains unchanged as to personnel the
great majority of New Deal laws and
New Deal laws to be enacted would be
held unconstitutional. He asked
Lewis about the N. R. A. decision.
which had been unanimous, and
whether Lewis thought that decision
correct.
Lewis replied that as the case was
presented he thought the decision had
been correct. He added that a slight
change in the N R. A. would prob
ably make it sound"
And constitutional? said Burke.
Lewis said that would depend much
on the Interpretation of the court.
Burke also asked about the 6-to-3
decision of the Supreme Court out
lawing the A. A. A. He pointed out
that Congress had then enacted new
farm relief act and he asked what
Lewis thought the Supreme Court
would do about the new law.
Lewis replied that he did not as a
lawyer predict what the court would
do in any particular case before it.
This reused Burke, who attacked
Lewis general statement that the ma
jority of the New Deal laws had been
or would be held unconstitutional by
the court. He pointed out that the
relief and public works laws, none
tary laws and the security and eX-
change laws have been and will be up
held by the court.
Dean Thomas F.. Konop of the Notre
Dame University Law School told the
legislators yesterday the fifth justice"
of the Supreme Court is the real die
tator in this country. He was re-
ferring to 5-to-4 decisions. in which
the mental attitude of one justice can
overthrow an act passed by Congress
and approved by the President.
Unless the Supreme Court interpre-
tation of the Constitution is changed,
he warned, "the American people will,
by amendment, sweep the Supreme
Court out of the constitutional pic
ture."
THE, Supreme Court" Dean Konop
told the committee, "is usurping the
power Of Congress and the President.
1t is the Supreme Court that has been
destroying laws providing for better
life, more liberty and equality social
justice and the pursuit of happiness
Of 13o, 900, 900 people.
who is the dictator? One man, not
elected ~ the people, but appointed
for life. The fifth justice of the Su-
preme Court is the dictator. d,
Il think the Presidents proposal is
q safety valve to save the Supreme,
Court and Its jurisdiction. favor the,
proposal because it is simple, expedi-
tious and constitutional, and 1t will
permit Congress and the President to