Evening star., 1938-12-18
Looking Back on Six Full Years
Mr. Cummings Finds Them Full of Action and Satisfaction

gorgeous experience"
"One of the great periodic changes in
constitutional law has occurred" de-
clared the Attorney General, who will
retire from the Presidents cabinet in
January. Let others speculate on how
it happened. The fact remains that
the change has occurred
The Government has gained anew
broad powers over the trade and COM
merce of the Nation, he said. Six years
ago narrow" definition of the Con-
stitution's interstate COM
merce"-limited the Governments power
over industry. The same definition was
repeated in the N. r. A. case. Today, he
said, the Supreme Court has veered to
broader use of the term, which makes
possible Federal enforcement of new
labor and social legislation.
There is nothing more characteristic
of constitutional history from its be-
ginning than the tides that seem to flow
in the decisions of the court" Mr.. Cum
mings remarked.
THE court seems to move in certain
dliCSliCllo anu IllCll tllC ullcCtlOIl DS.
comes shifted, as if the tide ebbed and
flowed"
Veers Back and Forth.
Throughout American history, he said,
this has happened. The courts veer from
strict" reading of the fundamental
law-which limits the powers of Gov
ernment-to the liberal" view-which
leaves Congress greater freedom to act,
Why?
Sometimes, Mr.. Cummings said, the
high court goes too far in one direction
and swings back of its own accord.
cisions has to be repaired" He recalled
that justice Of the Supreme Court once
remarked that the court suffered most
from self-inf1icted wounds.
When the court overthrew the income
tax law in 1895, Mr.. Cummings declared,
the Government had to resort to the
slow process Of amending the Constitu-
ton, and thus IAN important social re-
form was delayed for 18 years"
Sometimes changes in national life,
"the pressure Of events" or political up
heavals turn the tide, he continued. mo
one was more vigorous in his criticism
of the court than Abraham Lincoln after
the Dred Scott decision"
Then, too, judges die, and new judges
with new ideas-take their place "Our
judges have all been patriotic and high
ly informed, but they differed in out
look"
Such changes make it part of "the
legal game" Mr.. Cummings remarked
to TRY to guess when the tide changes"
And that (though he didn't say sol was
his job when, on the sudden death of
Thomas J. Walsh of Montana he was
called into the cabinet. 1t was tenn
porary assignment at first (Mr. Cum
mings had been selected Governor Gen.
eral of the Philippines) but it stretched
out into six years of hectic battling in
the courts.
Background Unusual
His background was unusual. During
his youthful term as States attorney
in Connecticut he had become suspicious
OF evidence on which he was asked to
convict Harold Israel of murder. Almost
single-handed, Mr.. Cumming proved,
against seemingly overwhelming evi-
dence, that Israel was innocent.
AS corporation lawyer he fought the
Aluminium Co. of America in behalf of
Bausch Machine Tool Co. He repre-
sented George D. Haskell against the
wealthy estate of James B. Duke, the
tobacco king.
AS citizen he had investigated con-
ditions at the Connecticut State Prison
for Gov. Trumbull. AS a politician he
had played important roles in the con-
ventions of the Democratic party.
In his walnut-paneled workroom Mr..
Cummings recalled the legal battles of
the New Deal. The big man rested
his shoulders low against the leather
back of his chair. His long legs stretched
out straight before him, and the curl
ing smoke of his habitual long cigar
wreathed his gaunt Yankee head. His
pinch-nose glasses sparkled with the
CLINT of keen blue eyes.
Once was in fighting mood about
all these problems" he drawled. Nov
I'm in a complacent mood. I'm well
pleased that the work has been achieved
that is the great thing"
Situation Reviewed.
few years ago, he declared, the Ma
ton had gotten into an almost i'm
| possible situation" Acts of Congress re-
peatedly were destroyed as unconstitu-
tional.
From our standpoint the Department
of Justice was charged with the duty of
supporting the laws passed by Congress
and approved by the President. These
were challenged by large interests and
eminent counsel.
TN the first few months not much was
heard in the way of protest because the
situation was so terrifying that almost
unanimously the people agreed some
thing should be done about it,"
Then the New Deals money policies
touched the interests of investors. The
gold value of money was cut. All gold
was called into the Treasury. And Con-
gress declared void contracts requiring
payment in the gold dollar of specific
weight and fineness.
These policies met challenge in courts
all over the land. Finally, in January
of 1885, the momentous question of the
| Governments rights came before the