Evening star., 1937-02-23
constitutional amendment permitting
Federal control Of agriculture.

constitutional amendment permitting
Federal control of agriculture.
Radio debate continued last night,
with Senator Burke, Democrat, OF
Nebraska, asking the Nations youth
to oppose the program and Senator
Barkley, Democrat, of Kentucky, call
ing for a progressive Interpretation
of the Constitution.
Burke declared "the independence
Of the judiciary is undergoing the
most fnsidious attack since the Con-
stitution was written"
Governments are necessary" he
said, but no governors are ever 50
pure, so wise, so farseeing that they
can be safely trusted to exercise un-
limited authority.
The danger Is no the less real
because the present motive behind
this attack is to remove an obstacle
that seems to stand in the way OF
passage of certain measures Of ma
tional legislation, which to their pro-
ponents seem necessary in order to
bring aid to labor, to agriculture, to
commerce ana 10 INDUSTRY.
80 the appeal is made to all OF
these groups in much the same method
as the spider used in addressing the
fly"
Not q Museum Piece.
Barley told the Federsl Bar Asso-
ciation at banquet:
I'm more recent days the Federal
courts have sought to find technical
and obstructive ways by which to pre-
vent the exercise Of the power of the
National Government in a field where
| 1t must be exclusive. and has even
gone to the extent Of holding that
even q State cannot in some light
exercise the power which it has de-
MED the Federal Government.
II believe that the Constitution Of
the United States is living, moving.
vital instrument nf COVE nmen. not
to be preserved in q museum, but to
b. preserved by fair and liberal in
depreciation Of its powers as well as
progressive and sane Interpretation
Of its implied powers"
After the Senate Judiciary Com
mittee meeting yesterday, Chairman
Ashurst said hearings on the presi-
Dental proposal would be open to the
public and that no limit had been set
upon their length. They will be held,
he said, in the tiny Judiciary Com
mittee room in the Capitol rather
than one of the spacious hearing
rooms at the Once Building.
Al, ~ xoI
about his recent shift Of position
shift which aligned him in favor of
the Roosevelt program.
Il may be driven from my opinions.
but never from my seat" the Senator
said.
As to the length Of the hearings
he said:
"At least q half dozen gentlemen
Of respectability and character have
indicated they would like to be heard
in favor Of the il, and at least i've
have asked that they be heard against
| It,"
What about their respectability
and character?" a reporter asked.
They are persons of large respecta-
| ShAoy oAAA Va SASos EOAoS ohu SfSA1
avoirdupoise," the Senator responded
with q characteristic airy gesture.
King Moves For Delay.
Ashurst revealed that . move to
delay the beginning of hearings was
made by Senator King of Utah. an
svowed opponent Of the bill, who
suggested the March Is date, and
Senator McCarran, who has yet to
express his viewpoint. McCarran
asked that the date be set for March 81.
Both motions were defeated by q
voice vote, and then when the ques-
ton reverted to Ashursts motion that
hearings begin on the ninth, the date
was approved without opposition.
Meanwhile, the committee for clari-
flying the Constitution by amendment
indorsed the Roosevelt judiciary pro-
posals as "a means of bringing the
courts promptly, but probably tenn
porarily. in accord with the needs of
the country"
The committee, organized recently
in Detroit by q group Of social work.
ers and labor and educational leaders,
Is headed by Miss Grace Abbott,
former chief of the Children's Bureau.
s At an all-day meeting, ideas for q
proposed constitutional amendment
defining Federal powers more defi-
| nitelv also Uere discussed