Evening star., 1937-07-18

Senate. when once this bill is on
the statute books the Supreme Court
will know that the power resides in
another arm of the Government to
cisiOns of the Court
1T NAV be that It was not intended
to do that" he continued II shall
not impugn motives to anybody. I
have no desire to ascribe to any person
an intention which he may not have
I sit in Judgment upon no man: but
under my oath as Senator of the
United States I must sit in judgment
upon this measure upon this Ian
guage upon this bill. which estab-
fishes a system for the administration
of Justice.
What do We mean by the word
Justice? We mean justice admin
istered by judges VINO are free and
independent. who are laboring under
no fear of reprisal, who are aborins
under no threat that their numbers
may be expanded If their decisions are
not satisfactory TO the executive arm ="
OMahoney didn't touch on the
question Of reprisals against Senators.
but he knew as we'll if not better
| than the others that the Democratic
organization has the power to punish
His service in the inner councils
leaves no doubt of that One thing,
/ however. is sure-OMahoney with his
mind settled will not be swerved from
| his course by any threat from any
source.
| The case of Senator Edward R.
Burke of Nebraska differs from that
of the other three. Personally, he mas
/ never been too close to the New Deal.
Voted Against A. A. A.
Coming to Washington first as a
member Of the House. he voted
against the A. A, A. and assailed
some of the policies of Secretary of
Agriculture Wallace. On the whole,
however. he supported the New Deal
and was elected to the Senate in
1884 on New Deal platform.
During his campaign for the Senate,
Burke drew up a definition of the
| New Deal which President Roosevelt
later called the best definition of the
New Deal by friend of mine in
Congress The first line OF his deflni-
ton said that The New Deal is an
old deal-as old as the earliest aspira-
tons Of humanity and liberty and
justice and the good life"
|
But while Burke may not have
changed his mind about the New Deal,
he has taken his stand against the
President without hesitation.
Essentially q cross-examiner, he
took the leading part in the Senate
Judiciary Committee hearings on the
original court bill. which resulted in
a l0-to-8 vote against It, Although
given too much to severity at times.
it was he. nevertheless. who asked the
pointed questions that destroyed most
Of the arguments OF the supporters OF
the bill
| Reads Foes" Views.
During the lengthy hearings, Burke
surprised the committee with his IA
miliarity with past records and writ
ings OF administration witnesses. But
this was no accident His ability to
confound witnesses with earlier con-
Trajectory statements by them came
from long hours at night devoted to
the reading Of everything they had
written before the hearings started.
He has not as yet taken the floor in
the Senate to speak against the re-
vised bill. contenting himself with at
tacking the arguments of the pro-
ponents and coming to the rescue Of
Senators on his side when they were
in need Of an authority to support .
statement. But any one who knows
the caustic Senator from Nebraska
realizes that he will be ready to make
the most of the arguments against the
bill when 1t comes his turn to speak.
What the policy Of these four op-
position leaders will be in view Of the
sudden death of Majority Leader
Robinson remains to be seen. But
one thing is oertain-they will not be
swerved from their determination to
safeguard the independence Of the
judiciary by President Roosevelt's I'M
substantiated charge that they took
advantage Of the period Of mourning
that followed Senator Robinson's 8 death
to further their own cause.