Evening star., 1938-02-06
COURT CONFLICT
NOW YEAR OLD
First Anniversary of Mes
sage Finds "NeW Blood"
in High Tribunal.
By the Associated Press.

By the Associated Press.
One year ago yesterday President
Roosevelt precipitated the stormiest
conflict of his White House career by
proposing reorganization of the Su-
preme Court.
The first anniversary Of that his
toric message to Congress found the
high tribunal with portion of the
new blood sought by the Chief Ex-
ecutiye and apparently ready to sus-
tain all reasonable administration OBJ
jectives.
Bitterness engendered by the
months-long struggle on Capitol Hill
has died down. but many observers
expect the controversy to live again in
the approaching congressional cam
paigns.
Some of the Senators who waged the
winning fight against the court plan
are up for reelection. Thele has
been widespread speculation that the
administration might seek their return
10 private life.
But whatever the result NAV he
along political lines, the make up of
the court itself has been transformed
during the last IL months.
Sought Enlarged Court.
-Four members who usually voted
against the administration were on the
tribunal when President Roosevelt as
serted that modern complexities call
for a constant infusion of new blood
in the courts
He advocated the appointment of a
new member for each of the six ius-
tices then in Office who were 7Ola years
old. That would have made possible
a court of Is members instead of g.
Since then the bloc of four has
dwindled to two by the retirement of
Justices Willis Van Devanter and
George Sutherland They were sue
ceeded by Senator Hugo L. Black of
Alabama and Solicitor General STAN
ley Reed of Kentucky.
The two now on the court whom
the administration regards as conserv-
ative are 76-year-old James Clark Nc
Reynolds and 71-year-old Pierce
Butler, both Democrats.
Supreme Court records for the term
which started last October show three
administration victories by unanimous
decisions and another by 6-to-3 vote.
All four opinions were written before
Mr.. Reed went on the court last
Monday.
Quite Different February 5.
1t was quite different when President
Roosevelt abruptly sent his message
to Congress last February S.
Then the administration was anx-
lous about the fate of the Wagner
Labor Relations Act and the Social
Security Law, cherished measures that
we're soon to run the Supreme Court
gantlet.
The New Deal had won only cases
before the tribunal and had lost IL.
Three Of the victories had been since
the previous November election re-
turned President Roosevelt to the
White House for another four years.
The court gave the Government a
string Of II unbroken victories be-
tween the Presidents message to Con-
gress and the end of the term last
June.
These decisions, together with the
retirement OF Justice Van Devanter
and the death Of Democratic Leader
Joseph T. Robinson, contributed to-
ward the defeat Of the court reorgant-
cation proposal.
1t was finally sent back to a Senate
committee by 7o-to-2o vote. A few
days later substitute bill was passed
by Congress which, among other
things, permitted direct appeals to
the Supreme Court from decisions by
Federal District Courts on constitu-
tional questions.