Evening star., 1937-06-17
Member Of the Associated Press.
Vote Wanted.

Vote Wanted.
President Roosevelt wants a vote-and
no flibuster-on his court bill, in some
form still to be disclosed. 1t might be
as well for the President to tell the
Senate and the country just what it is
he wants voted on. Not long ago the
President was reported to be holding
firm for his original bill, increasing the
Supreme Court to maximum of fifteen
members. This is the measure which
the Senate Judiciary Committee has de-
nounced as futile and subversive of con-
stitutional freedom. Doubtless he may
have vote on this measure whenever
he wants it. But the administration
leaders, presumably including the Pres
ident. do not want vote on the bill in
Its original form. They realize that 1t
will not pass. So the word has gone
forth that the President will take COM
promise.
What Is this compromise that the
President will accept and on which he
desires a vote-and no hlibuster? The
details are still clouded in mystery. Does
1t provide, as does his original bill, for
an increase in the membership of the
Supreme Court? If it does there is
little real difference between the COM
promise and the original bill-certainly
none as regards principle. The in
creases, whatever they are, are demand
ed for the sole purpose of obtaining the
kind of decisions from the court which
the administration desires. II an in
crease OF one or two is accepted now,
instead of five or six, as under the Pres
idents first program, will it not be pos
sible to add another one or two, or three
or four, as needs Of the administration
for other decisions arise? Having once
established the precedent that the court
Is to be packed, the process may be in
dulged in at will.
The President has often in the past
-FOUR years found that his word is law
When he undertakes to tell the Senate
OF the United States how long it shall
debate any issue that comes before it
tor consideration, however, he Is biting
of good deal It is true that so far
he has merely indicated that he wants
b vote-though on what the Senate is
still left in the dark. Later on he may
suggest the day on which debate shall
halt, so that there shall be no obstruc-
eon, no great delay in getting a vote
on the court bill.
Other Presidents have found the rule
OF unlimited debate in the Senate in
tolerable. 1T is the rule which makes
possible filibuster designed to kill off
measures to which there is strong op-
position by the process of denying VOTE
It is the rule by which minorities in the
Senate have protected themselves-and
at times the American people-from un-
wise or unjust measures which a ma
jority has sought to impose. 1t was
this rule of unlimited debate that gave
the Senate and the country time to re-
view the terms OF the League of Ma
tions Covenant and the Versailles
treaty before those pacts were brought
to vote in the Senate.
Like the opponents of American
entry into the League of Nations, the
opponents Of the Presidents program
for the Supreme Court which would
make the judiciary subservient to the
executive and make possible changes in
the Constitution Of the United States
without action by the people--are ready
to light to the last ditch against that
program. They are prepared to vote 1t
down II they have the votes, or to talk
1t down If that is the only means at
hand.
There Is, OF course, one way in which
Senate flibuster on the court bill NAV
be avoided. The administration could
withdraw the measure It could come
to the support of a constitutional
amendment to assure the power to Con-
gress to legislate in the way it desires.
1t could support another amendment
which would compel the retirement of
justices of the Supreme Court at a
given age and thus make certain the
infusion Of new blood" The admin.
istration-the President-has turned its
back on constitutional amendments
They are, in the Presidents opinion, too
slow.