The Republican. [volume] (Oakland, Md.) 1877-current, 1937-02-18
The COurt's Position

The Courts Position
So far as public morality is con-
cerned, threatening a Judge is on the
same low level as fixing a jury. Each
is considered a despicable act. Both
are subject to severe penalties. Those
who commit such acts or connive in
them are generally regarded as men
who will stop at little to gain their
ends.
There is no room to dispute these
statements and despite the noble pur-
poses ascribed to him by the Attorney
General, Mr.. Cummings, who, appar-
emily, was the chief collaboration, not
much room to deny that, in fact and
in effect, the Presidents proposal to
put six additional justices on the Su-
preme Court if those over 70 do not
resign, is a threat to the court. 1t
is not only the language of the bill
which threatens but the time and cir
cumstances under which it is uttered
and the conceded purpose behind it
Any calm consideration of the actual
situation forces this conclusion.
For example, there are now pending
before the court and have been fol-
some time two particularly important
cases based on Administration meas.
ures, upon which arguments have been
recently completed. One is the Public
Utilities Act, with it's "death-sentence'
clause which many lawyers regard as
confscatory and, therefore, unconsti'
tutional; the other, the National Labor
Relations Act, admittedly drawn in the
interests of one class and of doubtful
validity. Under normal circumstances
the decision should be rendered within
a few weeks. Now then, while these
cases are still under consideration, Mr.
Roosevelt, who is a party to both suits
first, in his January message, urges
the court to be "more liberal" in it:
interpretations and follows that up by
launching an attack in which he i'm
plies that the justices over 70 arr
senile, unable to keep up with theil
work, sends to Congress a bill which
gives them the choice of resigning OF
being reduced to impotency by the
addition of six younger men.
Under such circumstances the cour
is expected to hand down it's decision
in these two important cases. Tit
position into which it is put-and ap
parently Intentionally puts obvious
Under such circumstances it is impos
sible for it's decisions to be received
or construed except as the partisan:
in the present bitter controversy
choose to construe them. If, for ex
ample, the court in the Nationa
Labor Relations case renders an ad
verse verdict by five-to-four OF ever
six-to-three majority, it clearly woulc
add power to the Roosevelt effort tt
control it. The more voluble labor
leaders would howl for its blood anc
the Administration propaganda ma
chine be given additional ammunition
On the other hand, if the court de-
cides in favor of the Government anC
declares the act constitutional, it viii
seem to many as if it had been cowet
by the President, and, in face Of the
threatening bill, was afraid to hold tt
the convictions it previously had ex
pressed. What, of course, the court
will do is ignore the possible effect Of
its decisions and, disregarding what
may be said about it by the malicious
and undiscriminating, adhere to it:
routine and perform its duty as though
the legislative situation which threat
ems its integrity did not exist. Any
other course would clash with its ira
ditions and be inconsistent with it:
dignity and character.
! Yet the fact remains that the courts
decision must be rendered under {
threat of which the justices are fully
aware, and it awaited by those wht
seek to make it subservient to the Exc
cutive, with the idea of using it's de-
cision as an added weapon against it
The last thing the Presidents friend!
want is an unanimous decision one way
or the other. No secret is made o.
their hope for another adverse fve-to
four decision. That, they feel, woult
be the best possible break the Presi