Henderson daily dispatch., 1937-02-17
AN ISSUE TO STIR THE NATION
TO ITS DEPTHS
Che Texas Weekly

A far-reaching issue has been rals-
cd by President Roosevelt RECON-
nendation to Congress that Legislation
be enacted empowering the Fresioen'
RI appoint an extra Justice OF the
limited States Supreme Court for each
of the present Justices who has reach
ed the age of 70 years. The effect OF
such a law, should it be enacted,
would be to empower President Roose-
welt himself to appoint six new JUST
ices at once and thus to raise the
membership of the Court to the limit
of Is, which his proposal fixes. For
six of the nine Justices now serving
are past 70 years of age. Chief just
ice Hughes is "A, Justice Brandels is
80, Justice Van Devanter is ~,
Justice McReynolds is Is, Justice
Sutherland is IA, and Justice Butler
will be II next month. The proposed
bill provides for an appropriation OF
100000 "for salaries of additional
Judges and other purposes OF this Act
during the fiscal year of 1887" The
plain object of this proposal is to add
to the Court six Justices of President
Roosevelts own choosing in time to
pass on legislation to be enacted at
the present cession of Congress- And
this, we say, has raised far-reach-
ing ISSUE It is not an issue involving
any question of fundamental law,
however. Congress undoubtedly has
power, under the Constitution, to en-
act such a measure. For it is Con-
gress that determines the number of
Justices of the Supreme Court and no
limit is fixed by the Constitution. The
issue involved, therefore, has nothing
to do with the question of the powers
of the President or of Congress. The
President is plainly within his pow
ers in recommending such a measure,
and Congress will be entirely within
it's powers if it enacts it. The issue
has to do with the question of the ad-
visibility, from the standpoint of pub
lie interest and the general welfare,
of empowering President, Mr..
Roosevelt or any other, by a single
special enactment to control the deci-
sions of the Supreme Court to the
immense extent which would be pos
sible under the proposed legislation.
And we call this issue far-reaching
because we think it will divide the
American people into two warning
factions and will inaugurate a strug-
gle between them which, if it is not
settled by the defeat of this measure
at the present session of Congress,
will be carried on in every Congress
sional district in the land in 1888 and
will cause sharp realignment of po-
lltlcal parties in the next Presiden-
tial election. IF this proposal is en-
acted into law it will split the Demo
cratic Party from stem to stern and
probably bring about return of the
Republicans to power in 1910. For
while this issue will divide the people
into two factions, we think that an
overwhelming majority of them will
be lined up in the faction opposing the
Presidents proposal. We are of the
opinion that a storm of protest is now
gathering, which will burst upon
Washington almost at once and will
grow in volume and fury during the
weeks just ahead of us. It may be
that this will have the effect of sue
cessfully blocking the enactment of
the Presidents proposal into law and
thus end the struggle at the present
session of Congress. On the other
hand, the President may be able to
muster majority of the two houses
of Congress and, regardless of public
opinion, he may proceed to put his
program into effect. In that event
the struggle will continue and will be
carried into next years Compression
al elections and into the Presidential
campaign of 1910. If the Presidents
plan of increasing the membership.
of the Court succeeds, it will split the
next Democratic National Convention
wide open as certain as the sun is TO
rise tomorrow. BY enacting this pro-
posal into law, the present Demo
cratic majority in Congress will rem
der very effective first aid to the
moribund Republican Party, thus Civ
ing it sure-fire issue on which to
ride back into power as soon as the
people get the opportunity to express
themselves on the matter at the polls.
For, with all respect and Difference
due the President, we cannot escape
the opinion that he and his advisers
have woefully misjudged the temper
OF the American people with respect
to the United States Supreme Court
dominant opinion among them may