Evening star., 1937-04-01
Contradictions.

SSASASAAo oPSooA
Reorganization" of the Federal judiciary
has promoted discussion whose con-
tradictions are both numerous and anus
Ing. For example the sponsor himself,
in his message to Congress, comedies that
1t originally was intended to place the
courts beyond temptations or influences
which might impair their judgments"
Then, with no regard for elemental con-
sistency he argues for the introduction
Of new blood" into the highest tribunal
of the land For what purpose? OBJ
viously, to insure Supreme Court ap-
proval for New Deal legislation. The
Administration whole case is built
on eXpediency. Yet it pays insincere lip
service to stability The conflict is too
plain to be missed by thoughtful OBJ
servers.
But Mr.. Roosevelt's followers have
been even more adventurous than their
chief in their defense of his projected
reform" Judge Ferdinand Pecora, for
instance, says: Il should like to speak
upon the question of supposed peril to
civil rights and religious freedom, which
has been injected into this contro-
versy. There has been an effort to
make the average American fear that
the Presidents proposal, although ad-
mittedly not so intended, will tend to be
an entering wedge to break down the
sonal liberty and religious freedom. If
there were any real basis for this fear
1t could not lightly be disregarded. There
are few of us who would not be willing
to sacrifice much in the way of worldly
goods and material comforts to secure
and retain the blessings of liberty for
ourselves and our posterity The
Presidents proposals do not even touch
the power that the Supreme Court now
has to protect individual liberty and
freedom of conscience"
These, surely, are fair phrases. They
are musical to the ear, sweet on the
tongue. But, examined closely, they are
seen to be net to catch the unWary citi
zen whose memory is defective. What
first stirred the wrath of Mr.. Roosevelt
against the judicial branch of the Gov
ernment? For answer, glance back over
the files of any newspaper for the Spring
and early Summer of 1885. Read the
record from May 27 to June 2 of that
year. 1t was on the former date that the
Supreme Court found the N R. A. illegal.
The President struck out in passionate
anger against the ruling on May 81
press conference.
And what was the N. R. A.? Even its
friends knew it was frankly unconsti-
tutional attempt to regiment business,
big and little. Under its provisions, pants
pressers and chicken butchers went to
Jail for the crime" of refusing to con-
form to discipline imposed by the code
authorities. Yet Mr. Pecora talks about
protecting individual liberty and freedom
Of conscience! The entire New Deal re-
covery program contradicts him. 1t was
predicated on coercion, and it has not
changed its character any more than the
leopard has changed his spots. Why
deny it? The effort is useless waste
of language.
To point the necessary moral, the
philosophy of Bishop Warburton may
be quoted from Joseph Priestly's Men,
oirs: Orthodoxy is my doxy; heterodoxy
is another mans doxy." The President
and his apologists want power. To gain
1t they will compromise with nothing but
the truth. Yet among themselves they
must have grace enough to admit the
irregularity of their procedure-includ-
ing intolerance as well as misrepresenta-
ton.