Evening star., 1939-08-09

like S O ic tor
General Robert David Lawrence.
jackson, but never publicly claimed
by the Executive himself, that the
"objectiVeS' of the Supreme Court
fight have been achieved" and that
liberal views have already pre-
vailed"
The President comedies that his
method was defeated, but insists
in effect, that as a consequence of
his message to Congress of February
D, 1887, and the consequent public
campaign Waged against the court,
the justices on that august tribunal
yielded to pressure and changed
their views.
AS a historical proposition this is
as important claim as any single
circumstance connected with the
controversy. For already various
historians are presenting the view
that Mr. Roosevelt won the court
battle because Of the subsequent
shift in decisions of the court.
What is even more significant is
that If the thesis be accepted that
the Supreme Court of the United
States is amenable to political pres
sure in one direction, it surely will
be construed to be amendable to
pressure in other directions and not
only political parties in Congress.
but pressure groups will feel justified
IN endeaVoring to influence the court
by radio speeches, attacks and con-
troversial propaganda.
First Important Reversal
The facts as they relate to the
tlme When decisions were rendered
IN important cases in which re-
versals of previous precedent were
noted are open to inspection by STU
dents. 1t will be found, for in
stance, that the first important re-
versal occurred in upholding of the
conStitutionality of the minimum
wage law of the State of Washing
ton, and that the conference of
justices voted to 4 in December,
1886. The decisive vote of Justice
Roberts was cast in December: an
nouncement Of the decision being
deferred until after February 5,
1887, only because of the illness and
absence of Justice Stone whose vote
was not at all a factor.
The next and most important So
called shift in the Supreme Courts
opinions came on a 5-to-4 decision
In upholding the Wagner Labor Re-
latlons Act. In this instance. Chief
Justice Hughes and Justice Roberts
voted with Justices Cardoza, Bran
GELS and Stone to make the ma aior-
lty The case was argued in the
midst of the Michigan sit-down
strikes. The Governor of Michigan
felt powerless to act and there was
doubt as to whether the Federal
Government had any power to reg
ulate such stoppages of interstate
commerce.
Chief Justice Hughes said the
FEDERAL power was ample and re-
1erred to the precedent established
many years before in the famous
Coronado case. He said Congress
nad the power to regulate any i'm
pedlment to interstate commerce. It
was a surprise decision because the
court did not concern itself with
whether manufacturing was under
Federal control, but whether strikes
and disorders and Interruptions bv
violence to interstate commerce
could be regulated. and whether
compulsory negotiation or collective
bargaining was proper means of
regulation.
Many constitutional lawyers who
mad been reading previous decisions
OF the Supreme Court upholding the
Railway Mediation Act insisted that
the court would uphold the National
Labor Relations Act Senator Wag-
ner argued on the floor of the SEN
ate in 1885 in precisely the same
vein that the Chief Justice subse-
Quently did in 1887.
Reference to Hogan Speech.
For the President to contend that
Mr.. Hughes or Mr.. Roberts or both
changed their views as conse-
quence of the opportunities of the
Chief Executive in public messages
and radio speeches will not be rel
1shed by those defenders of the
court who believe the institution is
immune from political influence.
Mr.. Roosevelt made reference in
his statement this week to the
speeches being made by ultra
conservative" members of the bar
attacking the courts shift in de-
cisions, and he doubtless was re-
ferring to the address of Frank J.
Hogan, president of the American
Bar Association, at the convention
recently of that organization held
In San Francisco.
What Mr.. Hogan attacked, how
ever, was not the shift of the Judges
in the labor cases, but the shift of
doctrine brought about in the 1888