Evening star., 1940-12-11
Threat 10 Democracy
Seen in Demotion
OF the Judiciary

LoshIy, American Bar
President, Tells Lawyers
Balances Are Upset
Demotion of the American judicial
department to a level where it no
longer exercises control over State
laws and congressional enactments
has threatened democracy, Jacob M.
Lashly, president of the American
Bar Association, last night told
members of the District Bar Asso-
citation and local jurists.
Mr.. Lashly spoke at the District
Bar Associations seth annual ban
quet held at the Mayflower Hotel in
honor of the chief justices and asso-
ciate justices of the Court of Appeals
and District Court, and judges of
the Police Court.
"It is clear" Mr. Lashly said,
that two things have happened,
which, combined, have caused a
shift in the control of power which
fundamentally affects the demo-
cratic structure of the government.
Pressure Groups Cited.
1.-THE first is the rise of pressure
groups coming out of the depression
and their various demands upon the
Government in behalf of their con-
stituents, especially, that the judi
cial department stand aside and al
low the legislative and the executive
branches to furnish economic re-
habilitation and social security to
them and their members unhinder-
ed by constitutional limitations or
restrictions.
"The second is that the judicial
department has withdrawn from the
control of powers formerly exercised
by it over State laws as we'll as con-
gresSional enactments, resulting in
a lack of balance, which, if not
taken up again or provided for in
some other way, may result in the
| loss OF our democracy.
Following its reorganization in
1887, said Mr. Lashly, "the Supreme
Court withdrew from the field and
| left Congress and the executive
without restrictions in regard to
property dispositions and manage
ment. No Federal law has been sue
cessfully challenged in the courts
since that time"
Sees Congress in New Role.
1t seems obvious, Mr. Lashly con-
| tinued, that the control of the
course and limits of legislation
which has been abandoned by the
courts must now be taken up by
Congress if the system of balance
and check which is an essential
characteristic of democracy is to be
preserved. The obligation to do so
imposes new and wholly unique re-
sponsibilities upon that body.
There Is evidence that its men,
bers already are beginning to accept
the challenge of these shifting
standards. The adoption of the
Logan-Walter Act holds promise
that Congress has determined to re-
deposit with the judicial department
the supervisory control of executive
actions. Whether that particular
measure is wholly adequate for the
purpose or whether all agree with
the mechanisms included in the
plan itself is not now important,
since it will be subject to the usual
processes of trial and amendment.
but it does represent a certain legis-
lative recognition of the need for
review, by the judicial branch, of
actions taken by another co-ordi-
nate department which otherwise
would be conclusive and final with
out governmental check from any
source"
In the absence of the Cuban Am
bassador, the association heard
from DR.. Raoul Herrera-Arango,
secretary Of the Cuban Embassy
who spoke as representative of
the president of the Inter- American
Bar Association. He outlined the
aims OF the inter- American group,
explained that Cuba now has a con.
stitution fashioned after the Amer
lean bill Of rights, and invited mem
bers OF the local bar to attend the
convention of the inter-American
organization, to be held next March
in Havana.
Milton King Is Toastmaster.
Francis w. Hill, jr., president of
the District Bar Association, well
coined the guests, and Milton w.
King was toastmaster. In addition
to the local jurists, the honored
guests included:
Associate Justice Harlan Fisk
Stone of the Supreme Court. Attor-
ney General Robert H. jackson.
Solicitor General Francis Biddle.
Justice Wendell P. Stafford, Justice
Flnls j. Garrett, Judge Samuel E.
whitaker, Senator King, Green H.
HackWorth, District Attorney Ed
ward M. Curran, Frank B. Moves
Eugene Meyer, Charles Fahy. Henry
r. chandler, DR.. Jose T. Baron, DR..
V. Valdes Rodriguez, DR.. Roberto G.
de Mendoza, Joseph w. Stewart.
Charles E. Stewart, Willard L. Hart.
Theodore Cogswell, Hebert Rice. A.
Leftwich Sinclair, John H. Sullivan.
Fred j. Eden and John B. Colpoys.
Among the others present were:
| Acosta, Fred Anseu rurrr
| Addison, Francis Ansineer. HarrvJ
| Aiello, Caesar L. Applebaunn Jo.srI,
Akers, Richard H. Appleman. Ersnts =
AaitaIo' ataIo' Hicarao ]. Arnold William p,
AIaIo' Golon f. Arth. Charles W.
H.. Yop, y