The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1937-04-15
HOT HASTE HIT
BY SYRACUSE
u. OFFICIAL
IDEAL" Talk Prevalent
Despite Adamant
Stand of Leaders
By WILLIAM X. HUTCHINSON
International News Service


While Administration spokes-
men repudiated all talk Of a COM
promise, Dean Paul Shipman An
drews, of the Syracuse University
Law School, today assailed Presi-
dent Roosevelt's judiciary plan as
a "long step toward destruction
of our form Of government"
He warned against "hot haste"
in seeking liberal reforms in SUI
preme Court decisions, declaring
the precedent established could
be used by another president in
the future to "shackle the liberties
of the people," He quoted Associ-
ate Justice Brandeis as cautioning
patience in seeking to correct
evils.
Compromise Derided
Administration spokesman, led
by Attorney General Cummings
and Agriculture Secretary Wal
lace, meanwhile derided all talk
of the President accepting a COM
promise. They let it be known
Mr.. Roosevelt wanted a fight to
the finish on his proposal to ada
six new justices to the high court
if none now over 70 retire.
Senator Van Mugs CD of In
diana and Wheeler CD Of Mon
tana, opposition leaders, welcomed
such a fight. Both declared the
opposition would accept any con-
stitutional amendment, proposed
by the President, but only after
his six-judge bill is withdrawn or
defeated.
Some compromise talk continued
despite the attitude Of opposing
leaders. It came first from
small group of Senators and Rep
resntatives who would like to eS-
cape the embarrassment OF voting
for or against the Presidents plan.
It was furthered, too, by some
prominent party Democrats, who
fear a prolonged battle over the
court issue might result in a perma-
nent split within the party. Mem,
bers Of these two groups would
accept any compromise.
End Of Hearings In Sight
There were signs that the public
hearings, being conducted by the
Senate Judiciary Committee, would
be closed within a few days. Sen
ators McGill CD of Kansas, and
Hughes Cd of Delaware, led the
demand to end the hearings. They
charged the opposition was merely
presenting witnesses who repeated
arguments heard time and again in
the past. opposition leaders pro-
tested they were Swamped with
requests from leading lawyers and
liberals, who desire to be heard,
and charged the committee would
be "gagging the public" if the hear
ings we're ended.
Press of other Senate business,
however, may close the hearings
this weekend.
Dean Andrews, the days first
witness, was to be followed by rep
resentatives of the American Bar
Association to announce poll OF
American lawyers on the plan. Re
ports were that the poll showed
the legal profession overwhelm-
ingly against the plan.
First Republican Witness
Dean Andrews began his attack
on the plan by announcing he was
a Republican who voted for Hoover
and Landon. He was the first
Republican witness.
He referred to the Presidents
statement that the Executive has
power (which in improper hands
could be used to forge shackles for
the liberties of the people" He
warned this was more power than
the best man should ask or bad
man have"
He declared the President
sought even greater power by
packing the court" to obtain de-
cisions in line with his own be-
liefs. Such a course, the dean
warned, can result only in the
people losing confidence in their
courts. He added:
"And when the people lose
confidence in the courts, the
result can only be either that
more and more they take the
law into their own hands or sub
init to autOcracy or Oligarchy
masquerading as democracy"
WOULD REFUSE TO SERVE
Dean Andrews declared the best
legal minds of the country would
refuse to accept appointments to
the high court under the Presi-
dents plan. This, too, he added,
would destroy confidence in the
courts, adding:
"And to impair the peoples
confidence in their highest court
is a price too high to pay for
any gain"
The Syracuse dean reviewed
many liberal decisions by the Su-
preme Court. When these deci-
sions were rendered, he added,
liberals praised the high court
because cit stood as the bulwark
of their liberties"
Amendment Urged
The dean preferred support Of
q constitutional amendment, re-
curing retirement of justices at
the age of rs but with exceptions
where the court itself unanimously
asks for an extension for a par
ticular justice. He opposed the
Wheeler-O 'Mahoney proposal, pro-
viding for 6-to-3 decisions on
constitutional issues, and the