Evening star., 1937-03-24

set of his testimony, said his sympa-
thies always have been on the side
of social betterment and he recog-
| niced social change as inevitable and
necessary.
But it is not" he said, "the part
OF wisdom to destroy one desirable
social institution in the thought that
| others will be improved thereby"
The witness said the greatest vigi-
| lance is needed Ito protect our finest
political tradition, the judicial inde-
pendence of the Supreme Court" He
added:
THE President does not propose to
remove the Supreme Court from the
political field, nor does he deny us
the right to use its judgment in broad
areas closed to the courts of England.
But, on the ground that it has not
used its judgment well, he would COM
pei it to different judgment. He
has invented scheme by which he
hopes to control the opinions of the
court. That is what the proposal
amounts to.
While the undated resignation of
the new appointees may not be de-
manded and filed in advance, the re-
suit will amount to the same thing,
and Americans have always abhorred
appointment to any Office, judicial or
otherwise. under such conditions"
Dodds charged the Presidents pro-
posal "adroitly appeals to very COM
bination of prejudices." He listed
among them resentment against the
Supreme Court which has been made
to appear an obstructor Of recovery
and social justice, and resentment
against those who approve of Supreme
Court decisions and are, therefore,
Jumped with economic royalists and
the resentment of youth toward age
in period of economic depression.
DIR. Dodds Criticized.
Senator Logan criticized DR.. Dodds
for referring to the Presidents court
plan as scheme" and forsaying the
President, in effect, is demanding in
advance the undated resignation OF
any new justices he might nominate
to the Supreme Court under the re-
organization plan.
Dodds withdrew the word scheme,
but stood by his other assertion, con-
tending the fundamental purpose Of
the reorganization is to change the
color of the Supreme Court by select
ing justices in sympathy with the
Presidents viewpoint.
The Princeton executive told Sena-
tor Burke he believed any nominee
not in sympathy with the New Deal
would be impelled by his own con-
science to advise the President of his
attitude, thereby nullifying his chances
of appointment
Senator Austin, Republican, of Ver-
mont, drew from the witness the as
sertion that it would be extremely
unwise for Congress to deprive the
Supreme Court Of the power of judi
cial review.
In this connection, Senator Austin
put into the record a speech by DR..
Charles Pergler, dean of National
oAAiNS1oAeJ La" SSllOol, dU d lLlctlulS
of the Baltimore Bar Association last
year, in which Dr. Pergler pointed out
/ several European countries had found
1t necessary to set up special tribunals
| TO pass on constitutional questions
| This was done where written consti-
tutions had failed to provide for judi
cial review.
Questioned on COrwin.
Senator Logan also questioned DR.
Dodds about the attitude of Prof. Ed
ward S. Corwin, head of the Prince
ton University Law School, who testi-
fed in support of the bill last week
Don't you regard your associate
Prof. Corwin, as an expert on consti-
tutional questions and q man oil
Judgment" Senator Logan asked.
Yes" replied Dr. Dodds, "but hi
has temporarily deviated on this ques.
ton"
Senator Andrews, Democrat, Of
Florida, speaking in the Senate yester.
day in behalf of his proposed consti.
tutlonal amendment to reorganize tn,
Supreme Court, said the voters shoule
have the right to decide what changes
are to be made in the tribunal.
There is persistent and we'll
founded belief in this country" h
said, that if we are to increase o.
decrease the number Of justices on oul
Supreme Court, or prescribe a rul'
to be followed when declaring an &C
of Congress void, or designate a giver
age at which justice should retire
that it should be ordained and estab'
lished by the people themselve!
through amendment. I"
Judges, like other men, are b,
nature creatures of environment and
naturally, they would be better able
to render q more satisfactory serv.
ice-for the general welfare OF the
entire Nation-if they were selected
from the inhabitants Of each majol
district"
The amendment proposed by An.
drews would provide selection of 9
Chief Justice from the country q
large and one assoeaAte justice from
each Of the judicial Circuits.