The Western news. [volume] (Libby, Mont.) 1933-current, 1938-03-17

Washington. - It is gradually
daWning on the country that Presl-
dent Roosevelt did not lose his SUI
preme court fght-he won it. The
only question is whether the price
he paid for making it was too high.
Only time will answer that.
On the last decision day in Febru-
airy the high bench handed down
four decisions favorable to labor,
three of them by unanimous votes.
This is merely typical of what has
been happening in the court ever
since the President began his fight
little more than a year ago. In the
Is months that have interviewed
there has not been a single rebuff
to New Deal proposals by the court.
AS defense of the rights which the
conservatives thought they had that
august body has been broken reed.
The most spectacular CASE, VI
course, was the Wagner labor &ela-'
tons act. Most lawyers in Washing
ton believe, rightly or wrongly, that
if the President had not started his
fight to enlarge the court the deci-
sion on that act would have been
unfavorable. AS it was, these law
yers believe that the courts deci-
sion, or at least the casting of the
votes of several Individual justices,
was based largely on self7defense.
They thought, these lawyers believe,
that it was better to surrender ON
one decision than to increase the
chances of the Presidents winning
his fight to pack the court.
Then came the changes in the
court personnel, the substitution of
Hugo L. Black for Willis Van De
vanter, and of Stanley Reed for
George Sutherland.
Certain in the comparatively near
future are two more. Justices to
be appointed by Roosevelt will take
the places of the last two conserva-
tives, Pierce Butler and James c.
McReynolds. Washington also ex-
poets Justice Benjamin NJ Cordozo
to retire because of i'll health, but
that is not figured in the calcula-
tions, since Cordozo has been one
of the strong liberal group on the
court ever since his appointment.
Not All Wounds Healed
As to- the price paid by the Presi-
dent it is obvious that the White
House has not been able to heal all
the wounds. Just few days ago
Sen. Burton K. Wheeler Of Montana,
outstanding liberal, sounded off in
Boston to the general effect that
Roosevelt could not be reelected if
renominated, due to the opposition
in this country to third term.
Now no one really believes that
Wheeler would have said that if
the relationship between him and
the White House had been one of
uninterrupted cordially Nor can
Mr.. Wheeler's attitude toward the
President be blamed entirely on the
court fight. Actually it antedated
that by several years.
Wheeler was one Of the strong
"For Roosevelt Before Chicago"
men. But for certain reasons he
was never rewarded as nearly all of
the stars in that galaxy were. The
chief reason probably was that
Roosevelt was personally fond of
Wheeler's chief political enemy in
Montana, Bruce Kremer. So bitter
ness welled up in Wheeler's breast.
1t never boiled over, however, I'M
til the court fight. Senator Wheeler
went so far, at that time, that APP
parently he did not think it possible
for him to get back in the fold So
in way his present attitude, or
certainly his public attitude, grew
out of that fight.
Whether this will be really de-
cisive when the national convention
approaches, and presidential pri-
maries are being held, depends on
many factors. But it is always i'm
portant that any powerful leader is
bitterly opposed to Presidents re-
nomination.
Merchant Marine
Ambassador Joe Kennedy's re-
cent pleas for a new system which
would permit the establishment of a
real American merchant marine
may accomplish the spending of
some money, but there is no inkling
: that any of the real difficulties In
the path leading to this objective
will be removed AT present the
two greatest obstacles are: "a the
absurdly high cost Of operating a
ship under the American flag as
compared with any other maritime
country, and ~ union labor.
Both grow out of the well-defined
policy of keeping the American
standard of living high. Both for
that reason are commendable. per
Sc. But just as surely they mean
that the United States will never
be real competitor in the worlds
shipping business. To use Wood
row Wilson'S Illustration, it looks as
though Uncle Sam will remain in the
position of department store which