The Western news. [volume] (Libby, Mont.) 1933-current, 1938-01-27


did not wish to give him a chance
to replace them with men who
would 60 along with New Dealism.
Fight lie Over
But that fight is over. The Presi-
dent really defeated the conserva-
tives on the Supreme court the day
he proposed to add six new justices.
Most lawyers agree that it was
this pressure which resulted in the
high courts sustaining the Wagner
labor relations act. They think it
was this pressure which guided the
court into much more liberal de-
cisions on other cases than would
otherwise have been made. Many
senators think it was this same
pressure which resulted in Justice
Van Devanter's resignation, which
was timed most strategically with
respect to the senate fight.
There was some little regret
about this afterward among the con-
servatives. Afterward it was APP
parent that this particular sacrifice
was unnecessary-that the oppo-
nents of the President would have
won anyway. That, of course, is
matter of opinion, but once Hugo
l.. Black became a justice there
was no longer much doubt about
how the court would go in cases
sharply drawing the conservative
versus liberal line.
So the conception of patriotic duty
which had caused Sutherland, But
Ter and McReynolds to remain on
the bench, long after their personal
inclinations were to resign, gradu-
ally faded. With Sutherland's pass
ing and another New Dealer to
succeed him, the duty of Butler
and McReynolds to remain van
ished.
Hence their retirements will come
during 1898, probably at the end Of
the present term, in June, and
Roosevelt will have the full respon-
sibility for the Supreme court as
well as the administrative part of
the government. He will have
named an actual majority.
South for Farley
If the governorship of New York
this fall could be decided by vote
of the senators in the states from
the Mason and Dixon's line to the
Rio Grande, James A. Farley would
be the next occupant of the execu-
tive mansion at Albany. Until the
recent White House intimation that
Robert H. Jackson was the White
House choice for the Albany job the
southern senators had not worried
much about New York politics. In
fact, they thought it was all settled.
They thought the postmaster general
had the inside track.
When they thought about it at all
they wondered if linn would be very
belligerent in fighting for delegates
! after he had hnen governor for a
couple of years-and whether this
belligerence would take the form OF
fighting for delegates for himself or
whether he would still be taking
| orders from f. d. r.
But with the Jackson development
it is not just idle wondering. The
southern conservative bloc is very
much concerned indeed. 1t does
not want Jackson as governor of
New York. Not that it cares very
much who is governor of the EN-
| pire state, or what happens, at Al
bany, but it does care very much
for whom the New York delegation
may vote for the presidential NOM
nation, and it most emphatically
does not want this big bloc OF dele
gates casting its votes for any New
Dealer, while of all the New Deal
ers-with any possibility of obtain
ing the nomination-the one the
southerners are strongest against is
Bob Jackson.
There is nothing personal in this.
Most of them rather like Jackson.
But what they really want is a. con-
sentative. They have admitted, in
private conversations, that they did
not think they could possibly defeat
F. D.. r. himself should he choose
a third term. But they did think,
up until this Jackson development,
that they could defeat any other
New Dealer.
DON'T Want jackson
If Farley should step supinely