The Daily Alaska empire., 1938-06-13
Liberal Court
Cleveland Plain Dealer)


 The United states supreme Court concludes its 1937-38 term during which it has upheld the New Deal in virtually every issue brought to it's attention. Last wear President Roosevelt his fight for legislation to revamp the court This year--ncluding in the courts year" the three final months of 1937-he has seen it. in case after case, sustain administration policy frequently overulng adverse decisions by lower federal tribunals.
 This record prompts two reflections Partisans of the President may declare quite reasonably that while losing the form he won the substance in his court battle On the other hand, those who deplore the court fight point to the record as an ndlca- ton that if MT Roosevelt had been bit more patient he might have achieved his aims without attacking the organization of the nations highest tribunal.
 In any event the attitude of the court has changed And to most liberals, whether or not they are consistent New Dealers the change is welcome. This trend was discenible in latter part of the 1936- 37 term It has been much more marked in the term which ends now during which two Roosevelt-appoint- ed justices Black and Reed have shared it's work.
 It may be beyond the function capacity of a layman to appraise the legal reasons for changing attitude which in some cases amounts to definite about-face Nor does the approval of a law by the court necessarily that the law is right But the resulting situation accurately described by ob server who notes that for the first time in several decades the nations highest tribunal is controlled by liberal members believers in broad judicial inter- pretation of the Constitution"
 As it has worked out in the past term, the old 54 OF 63 conservatyelberal division which marked the court of two years and more ago has become 7-2 lineup with the liberals in the majority Qn many instances because of Justice Cardozos long illneSs the division has been to 9. This means of course that the liberals Black and Reed have replaced two retired conservatives, Van Devanter and Sutherland Justice Roberts the middle man" two years ago has shown increasing tendency to join his liberal colleagues, Brandeis and Stone has also Chief Justice Hughes.
 boel OD1V McRPVnOldS as consistent conservatives They have been exactly that during the past term. Up to mid-May Justice RGcReynolds had disagreed with majority views in 27 cases and Butler in 2l Justice Blacks dissents which number 15 have attracted more attention because while often agreeing with the conclusion of his fellow liberals he has expressed vigorous opposition to several long-accepted judicial standards.
 The net result of the years work of this liberal dominated tribunal has been greatly to extend Federal governmental powers in three major fields-public utilities labor relations and taxation. In the first the court has upheld the registration provision of the Holding Company Act, sustained the PWA power program and indicated that reproduction cost" no longer a judicial requirement in rate-fixing.
 Tn the labor field the National Labor Relations Board has consistently been sustained the record for the term being eleven victories and defeats It is true that Chief Justice Hughes criticisms of procedure ny the Department of Agriculture in the Kansas City stockyards has been widely accepted as rebuke the Labor Board Yet the court specifically upheld Labor Board procedure similar to that rejected in the Department of Agriculture
 Federal power of taxation has been widened, par Hcuary in the recent holding officers of the New York Port Authority subject to the federal income tax.
 Protection of civil liberties was bostered by the decision outlawing the municipal ordinance by which Griffin Ga5 forbade distribution of handbills. The news of this decision has apparently not yet reached Jersey City.
 The justices begin their long rest from a term of service in which several ancient precedents have been revised to bring justice into step with to- days realities The nation may well salute this tri bunal whose majority today clearly expresses those principles of liberalism which the essential of healthy American progress.