Evening star., 1940-04-07
By Willian, Pinkeyton,
Associated Press Stan Writer.

power on the~court. Together, the two
seemed to swing the close decisions, now
toward New Deal aims, now away from
them.
In 1880, when Justice Hughes name
was sent to the Senate, a great storm
arose from Democrats and Progressives.
Senator Norris of Nebraska declared: :
Perhaps it is not far amiss to say that
no man in public life so exemplifies the
influence of powerful combinations in
the political and financial world as does
Mr.. Hughes" 49,.
Senator Borah, "the Lion of Idaho,"
named over the list of Justice Hughes
wealthy clients - Senator Newberry
freed of charges under the Corrupt
Practices Act, the great radio stations,
the oil companies, the meat packers, the
utilities, New York transit system.
Mr.. Hughes legal briefs we're win
moved, his writings sifted, in speech after
speech.
Seven years later, in the midst of the
fight over President Roosevelt's plan to
enlarge the court. Senator Connolly Of
Texas met Justice Hughes at party.
Mr.. Chief Justice" he said, you
probably recall that voted against your
confirmation. However, think you've
made fine judge, and am not going
to vote to kick you of the bench"
In quiet corner of Senate anteroom
Senator Norris said recently that, as a
matter of principle, he would vote again
as he voted then. But he added
Il think Hughes is very able judge.
If 1t were a. question of renominating
him-knowiEg what we dol probably
would vote for him. But you have to
guess somewhat when passing on man
who comes from the centers of mo-
nopoly."
Headed by Fate Into Storm.
1t was Justice Hughes fate to head the
court during one of those rare times
when it had become a major issue in
American politics. During the. twenties,
men like Senator Norris and the La
Follettes had been building up their case
against the "old" court.
. When the Roosevelt administration
making branches of the Government,
eyes were turned on Supreme Court,
where seven justices owed their posts to
Republican Presidents.
AS the New Deal battle proceeded, op-
ponents of President Roosevelt cried out
that his acts were unconstitutional. The
American Liberty League set up panel
OF noted lawyers which declared some
laws unconstitutional before the Su-
preme Court had passed on them.
The Supreme Court was on the spot.
Although he could have passed to
others the thankless task, Mr.. Hughes
himself delivered the courts opinion in
some of the most hotly contested cases.
He wrote the opinions declaring N. r..
A. unconstitutional, sustaining the ad-
ministrationS gold clause" view, up
holding the Washington State law set
ting minimum wages for women, up
holding the National Labor Relations
Act and outlawing sit-down strikes.
Each decision was, in its own way,
signpost along the new road the court
was travelling.
In 1887 the court became the center
of the constitutional battle of the decade
the Roosevelt court reorganization bill.
Hughes Remains Silent.
The chance had not come, during his
first term, for Mr.. Roosevelt to appoint
even one justice to the high court; it
generally was assumed that the bill
would remedy that situation. In the
political debate, Justice Hughes held
aloofiy to the courts tradition of silence.
But the administration argued that
the court was "overworked';; that it was
behind on its cases. To this, M. Hughes,
! answered with . well-timed letter:
IAN increase IA the number Of justices
Of the Supreme Court, apart from any
question Of policy, which do not dis