Evening star., 1937-03-31
Robinson Ubholds Court Plan in Address
Assas Glass and McReynolds for Opposition Proposals.
/, about it but TO amend the oonstitu-

McReynOldS Tor OppOs
about it but to amend the oonstitu-
tion?"
"Mr. Borah-Amend the court!"
The Senator then referred to the
attack made by Webster, Clay, Cal
houn and Ewing on confirmation Of
Chief Justice Taney.
In the Congressional Record Of
April 10, 1880:
"Mr. Borah-They the Supreme
Court) pas upon what We do. There
fore, it il exceedingly important that
We pass upon them before they decide
upon all Of these matters. say this
In all sincerity We declare . na-
tional policy. They reject 1t. I feel I
am well justified in mquiring Of men
on their way to the Supreme bench
something Of their views on these
questions"
Increase Held Equal
To Rejection Rights.
Congress has Just ~ much right,
III W1O1COO1u1C CNA1VAAAS pAA ROVSDp
to increase the court as the Senate
has to reject the nomination for MEM
bership on the Sureme Court bench
with the same motive. Now, however.
in this contest, the Senator from Idaho
and the Senator from Virginia have
abandoned their proposal in 1880 to
amend the court" and propose to
correct erroneous decisions which they
regard as violative Of sound prin-
ciples by amending the Constitution.
1t is q matter Of profound regret
that the able Senator from Virginia,
Mr.. Glass, has become 80 alarmed and
emotional over this issue that he can
ind in his heart nothing but con-
tempt and bitterness for those who
dare question the sanctity and infal-
libility Of the Supreme Court. Listen
ing to his radio address last evening,
one could but feel that his argument
was submerged and destroyed In the
unreasonable bitterness Of his express
sions
The Chief Executive has based the
reorganization program on the premise
that the social and economic needs
Of the present can be adequately dealt
with by reasonable Interpretation Of
the Constitution. His contention finds
support in the action of the court
itself when yesterday an act Of Con-
gress passed years ago and held un-
constitutional in 1922 was revived by
the process of express reversal OF the
Adkins case relating to minimum
wages for women and children en-
ployed in the District Of Columbia.
What purpose was served by the
Senator's use OF such words ~
"frightful," shocking" brutal" TN
famous" and "outrageous" in describing
the mild program for reform Of the
Federal judiciary? On the very day
that Senator Glass was denouncing
the program in such vitriolic and ex-
travagant language, the Supreme
Court itself proved that the President
is right by completely reversing it,
stand on the subject of minimum
wage legislation. The Supreme Court
merely changed its Interpretation and
in that way the long and tortuous task
of amending the Constitution was
avoided. In view of this action by
the court, how can the Senator from
Virginia justify his unrestrained At
tack upon the Presidents proposal7
Why should he feel 10 incensed when
the court itself acknowledges that by
its assumption of the right to de-
termine policies, which are exclu-
sively within the province Of the leg
islative branch, 1t enormously struck
down an act intended to safeguard
the health and morals Of women and
children workers?
Denies Jefferson Would Have
Opposed Court Plan.
The Senator from Virginia also WAS
driven to error by his own wrath when
he dared any one to prove that
Thomas Jefferson would ever have
indorsed such plan as that now pend
ing
Senator Glass apparently forgot
that during the presidency of Mr.. JET
ferson the number Of Supreme Court
justices was increased, an event which
brought down upon his head all the
scorn Of q vindictive Federalist press.
At this point it seems appropriate
to remark that while "earnestness Is
the path Of Immortality" vindictive-
ness and denunciation are indicative
of weakness in argument.
There Il further documentary evi-
chnu vyk,of ~ TaForRNn
though OF the supreme bench. His
toriarN tell us that time and again
he was outraged at the manner in
which the judiciary usurped legisla-
tive power to thwart the will Of the
people,
Most Of us are familiar with the re-
peal Of the midnight judges act,
which occurred under Jef1erson's ad-
ministration and at his insistence.
The repeal went into effect April 23,
1902, and expressly abolished the June
term of the court, directing that the
court should meet only once a year
thereafter. The effect of that pro-
vision was to prevent the court from
functioning entirely for IA months,
thereby depriving it Of the chance to
pass on the validity Of acts Of Con-
gress.
What would Senator Glass say now
If President Roosevelt should propose
to do what Mr.. Jefferson did-abolish
the court for over year?
Says Plan Mildest Possible
Under Conditions.
The truth Is that the remedy sug-
gested by President Roosevelt whereby
new blood would be infused into the
court, Is the mildest plan for dealing
with the present situation that has
been suggested. Regrettably Senator
Glass in his radio address added moth
ing to the argument as to what i
the best plan Of meeting the patent
needs of the country. He simply de-
nounced.
II he can become 80 enraged in de-
nouncing the reorganization plan,
what does he think Of the amendment
Of the Senator from Montana authoriz-
ing Congress to pass finally on consti-