Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1937-09-20

Rochester, N. Y, Sept. 2O-Fran
r Gannett, chairman of the Nation.
Committee to Uphold Constitution
Government, challenges both the q,
curacy and the fairness of Presiden
Roosevelt's renewed attack on tn
Supreme Court in his 'Constitutio
Day address. His statement follows
Every one who heard or read M,
Roosevelt's Constitution Day address
should measure it by the presidential
oath of office:
Il do solemnly swear that 1 viii
$500, to the best of my ability. pre
serve, protect and defend the Con
stitution of the United States.v
Attack on Constitution.
Did the President defend the Con
stitution Friday night, or did he at
,ack it?
1t was. as was his pretense of re
forming the courts, poorly camou
tagged attempt to destroy the Con
stitution by undermining the peoples
confidence in their judiciary and in
lawyers-from whom the judiciary are
all chosen.
Mr. Roosevelt sought once more to
kindle class hatreds by sneering al
all lawyers. He misrepresented that
the Constitution was q 'slayman's
document, not a lawyers contract
He neglected to tell his listeners that
"a out of the SO signers of the Con-
stitution, or more than sixty percent
Of them, were lawyers.
Mr.. Roosevelt said: Madison, most
responsible for the Constitution, was
not lawyer" On the contrary, Madi-
son was a profound student of the law
and in answer to the President
charge that the Supreme Court has
no power to hold acts of Congress of
the executive unconstitutional, we
quote Madison's expressed hope and
telief that the Supreme Court would
prove to be IAN impenetrable bulwark
against every assumption of power in
the legislature or the executive
Wants To Be odd Man,
This is the answer of the Father of
the Constitution himself to the FRESH
dents complaint that the Constitution
should be what the President tells the
Supreme Court to say it is. The Presi-
dent wants himself to be ''the odd
man" on the Supreme Court
Mr. Roosevelt would have us believe
that lawyers as a class impede the
progress of our country. Did he in
tend his aspersions for Jefferson,
Monroe, Lincoln. Cleveland, to men
ton few of his predecessors who
were lawyers? Did he intend to dis
credit Marshall, Holmes, Hughes,
Brandeis and CardoZo?
Or did Mr.. Roosevelt intend his as
PERSONS only for those lawyers who
refuse to accept his New Deal philo-
sophy and swallow it whole-nen like
Wheeler, Borah, Summers, Burke, Pet
tengill and others whose recognized
legal knowledge and experience were
used so effectively to defeat his court
packing scheme?
Concealed Real Purpose.
When President Roosevelt sent to
Congress his proposal to pack the SUI
preme Court, he attempted to conceal
his real purpose, representing that it
was to reform all the Federal courts
expedite their work, and tighten the
burden of the justices.
The nation soon saw that the effect,
if not the deliberate purpose, was to
establish executive control over the
judiciary apdertment of the govern
ment so that, with a subservient Con-
gress, the President could dictate leg
islation and interpret it as he willed.
Embarrassed by Black.
Defeated in this purpose, the Presi-
dent then appointed to the Supreme
Court the unfit Klansman, Hugo
Black. Processing opposition to die
tatorship, to reaches out to control
both the legislative and Judicial pro
cesses. What he wanted, and still
wants-or at least. denands-is a SUI
preme Court; and lower courts filled
wi h puppet justices who will give
him decisions validating unconstitu
t.onal concentrations of powers in
Washington. He is not content to
abide ty the orderly process OF dem
ocratic government.
Embarrassed by the unmasking OF
his klansman Justice, the President
now attempts to justify his position
by further deception, rnisrepresenta
tinn ana daroopop;c efforts to incitt