davidaulloa/AmericanStories huggingface dataset:
Evening star., 1941-02-11
Justice Van Devunter

circumstances COmDlneQ 10 make
Willis Van Devanter human symbol
of conservatism. Had his lot been
cast in other times he might have
lived the whole of his life without
attracting so much as a single syllable
of criticism for his "illiberal' phil
osophy. 1t simply happened that he
differed openly with a large and
militant public opinion in a period
when, under the leadership of Frank
lin D. Roosevelt "a new deal" was
called for by the people of the United
States. Against that mandate the
dean of the Supreme Court pro-
tested without constructive effect.
Such resistance was unpopular, yet
now at last it ought to be conceded
that it was courageous.
Justice Van Devanter had learned
to be fearless in his youth. Born at
Marion, Indiana, in 1859, and edu-
Gated at De PauW University and
the Cincinnati Law School, he un-
dertOOk to build a career for himself
in Cheyenne, Wyoming, when he was
tWentyfour and that city was "a
cOnglomeration of ShackS in the
midst of world territory populated
mostly by land-greedy whites, angry
Indians, claim Stakers and claim
jumpers, cattlemen, ruStlerS and
sheep herderS, all of whom were in
constant turmoil" Francis E. War
ren and Clarence D. Clark, "the
bosses of the region, both politically
and financially" favored the Studious
young stranger In 1889 they made
him chief justice of the State Su-
preme Court. After only a few
months he resigned that position to
become counsel for the Union Pacific
and other important "capitalistic'
interests President Mckinley, at
Senator WarrenS suggestion, brought
him to Washington as an Assistant
Attorney General. His skilled knoWl-
edge of land law was wanted in the
Department of the Interior. But
President Theodore Roosevelt pre-
ferred to raise him to the Federal
bench. After seven years of duty as
a Circuit Court judge, he was desig-
mated by President Taft to the
highest tribunal in 1911.
Had the next quarter century been
peaceable and uninterruptedly pros
porous, Justice Van Devanter prob
ably would have served in the Su-
preme Court without being noticed
by the generality of his countrymen.
As matters turned out, however, he
was the first member of the Supreme
Court to take advantage of the pro-
vision made by Congress for the
retirement of juristS of that tribunal,
leaving the bench in the heat of
President RooSevelt's effort to "alter
the complexion" of the court Of final
appeal. In the confusion prevailing
at the time, few persons remembered
that the departing "reactionary"
once had been vilified for holding the
Standard Oil Company combine in
violation of the Sherman Act! A
mutable universe had turned hand
spring, and the erstwhile prosecutor
of the Northern Securities Company
had not been quite agile enough to
keep up with it.
Evening star., 1941-02-11
Court Congestion

The fact that it has been found
necessary to import a judge from
another jurisdiction to help with the
civil docket in United States District
Court here is indicative Of the tre-
mendous volume of work that is han
died by the tribunal.
Even under ordinary Circum-
stances, the twelve justices regularly
assigned there carry heavy burden.
The dual jurisdiction of the court,
which deals with all those matters
that elsewhere are disposed of in
State courts, is responsible in part
for this condition. The added fact
that this is the seat of Government
also gives rise to litigation from
which other Federal courts are free.
The situation, however, has been
further complicated in recent months
by the enforced absence of two of
the justices. AS a result. in part at
least, Of their absence, about fifteen
months elapSe between the time that
non-jury case is placed on the
calendar and the date when it is
finally heard. For Jury cases the
time is about eleven months A rea-
Sonable maximum for each would
be six months.
1t was because Of this state of
affairs that the members of the
bench called on Chief Justice D. Law
renee Groner of the United States
Court of Appeals for assistance, and
brought about the assignment of
District Judge Alfred D. Barksdale,
from the western district of Virginia.
Justice Barksdale will come here
March 10 to serve twenty-five days,
and it is hoped that within that time
the calendar will be curtailed ma
terially.
This development Is another argu-
ment-if one is needed-for the
early appointment of a successor to
Justice Peyton Gordon, who has re-
tired after a long absence from the
bench because of illness. 1t has been
indicated that President Roosevelt
would be in no hurry to fill the va
cancy, but it is more than evident
that delay cannot help but impair
further the efficiency of the court.
With equal force it may be argued,
too, that the appointee should be a
local man, versed in the procedure
that is peculiar to this jurisdiction
and familiar with local law.
Evening star., 1941-02-11
Interim at Vichy

The interminable political drama
being enacted at Vichy went into
new phase with the elevation of Ad-
miral Jean Darlan to practically the
same position in the French govern
ment as that held by Pierre Laval
down to his sudden removal from
office in mid-December. While re-
tanning his post as Minister of Ma
rine, the admiral now becomes both
Minister of Foreign Affairs and Vice
Premier. This last appointment
means that he is officially number
two man in the French state, though
still under Marshal Petain's orders.
1t is too soon to predict with con-
fidence just what this drastic change
means, yet certain things are fairly
clear. First and foremost, Pierre
Laval seems to be in the discard. So
obviously was he the tool of Germany
that he could rally no genuine fol-
Frenchmen. Furthermore, he was
personally anathema to Petain, and
the doughty old marshal is capable
of flying into a rage which blinds
him to consequences. For Hitler to
have forced Laval upon Petain would
have been to risk an explosion which
might have reduced France to chaos
akin to that in Rumania. But
chaotic France would not serve Ger
man policy. Neither would an ex-
tension of German military occupa-
ton over the whole of France, both
for internal reasons and because of
bad repercussions in French Africa.
1t therefore appears that Hitler,
realizing that Laval had lost his
usefulness, has discarded this too
plant tool and has resolved to try
and do business with Admiral Dar-
Ian. The admirals chief qualifica-
ton, in German eyes, is presumably
his deep-seated antagonism to Brit
ain. This Anglophobia goes way
back to the disarmament conference
held here in Washington twenty
years ago, when Darlan, the French
naval delegate and big navy" en-
thusiast, was bitterly resentful Of
Evening star., 1941-02-11
NINETEENTH STREET.

Dear SlT.
MAY I tell you how much I enjoy
reading your grand column each evening?
To me it is such an inspiration. 1 am
q bird lover and have been feeding most
faithfully for 10 years, day in. day out,
and if am away see to 1t that their
feed is put out for them.
My cardinal families, my bluebird
families, the sparrows, the starlings are
all dear to me. At this moment my back
yard Is covered with visitors. 1t would
do your heart good as it does mine to
see them enjoy themselves.
They like scratch and sunflower seed.
OF course they get their suet, too. and
bread once In while. The latter l
put out mainly for the starlings.
My bird bath is kept open and filled
during the freeze days.
"Sincerely yours c. M. r."
"P. SIS there any food l can put
out to attract more newcomers"
Mockingbirds like raisins, but because
they will come.
1t is a good thing, however, to try
various foods, II you want more birds
than you have.
An amazing number of things will be
eaten by the birds
The following have, from time to time,
been consumed by one bird or another:
Cold mush, potato, beef, fish, peanuts,
bread, suet, currants, apples, figs, raisins,
various dried fruits, peanut butter, let
tuce, cabbage, boiled egg. meal
worms, various nuts.
1t will be realized that here is variety,
indeed
All OF these in addition TO the stand
ard wildbird food mixtures, and baby
chick feed, so widely used
There is almost nothing that some bird
won't eat when it is hungry.
Seeds of canteloupe and watermelon
may be put out in the summer.
But whether any of these extra foods
will draw you extra birds is another
matter, because it seems as If every
neighborhood has a certain number Of
birds, during most OF the winter.
Aside from these, there are only q
few extra visitors which might be at
trscted by extra foods of the unusual
kinds.
And it might be that you didn't have
exactly the right food out at exactly
the right time.
So perhaps the best way is to content
ones self with putting out some good
mixture OF seeds, with special emphasis
on sunhower seed
There are few seed-eating birds which
will not eat sunfioWer seed.
They all love them, and will linger in
a neighborhood where they find them.
Raisins and peanuts are good 70 try,
now and then.
These may attract other birds besides
Evening star., 1941-02-11
Mr.. Wilkes Position

Although final appraisal of Wen
dell Wilkes attitude toward the
lend-leaSe bill must await conclusion
of his testimony before the Senate
Foreign Relations Committee today,
his comment upon returning to New
York from his visit to England Sug-
geStS that he is wholly out of Sympa-
thy with contentious that enactment
of the measure would be a step to-
ward war.
Noting that opponents of aid to
Britain are saying that if the United
States gives aid to Britain we may
become involved in war, while if we
do not give aid to Britain we can
remain at peace" the 1910 standard
bearer of the Republican party
bluntly described this as a wholly
unrealiStic" statement of the issue.
In his opinion the contrary is true
for, to use his language, IF we do give
aid to Britain we are likely to stay
out of war, while if we do not give
come involved in war"
On the basis of this statement
alone, which was carefully phraSed
by Mr.. Willkie, it is difficult to de-
termine where his views on the queS-
ton of aid to Britain begin to diverge
from those of other Republican lead
erS, most if not all of whom have re-
corded themselves as being in favor
of giving some assistance. 1t seems
evident, however, that Mr.. Willkie is
prepared to 60 to greater lengths
than most Republicans in this re-
SpeCt, for, in the New York inter-
view, he voiced the additional obSer-
vatiOn that IF Britain should COL
lapse I think the chances of Amer
ica'S becoming involved in war are
very great" That statement implies
a belief that we can best guard
against involvement in the war by
giving whatever degree of assistance
may be necessary to prevent defeat
of the BritiSh-a belief which GER
tainly is not shared by many Repub-
lican leaders, although it is firmly
held by the administration.
Whether Mr.. Willkie, as titular
head of the Republican party, will
be able to win many of his colleagues
over to his point of view is doubtful,
despite the fact that he has gone to
the trouble and expense of a trip to
England to convince himself of the
validity of his conclusions. If those
Republicans who disagree with what
seems to be his position are still sat
isfied, after hearing his testimony,
of the correctness of their opinions
it will be their duty, of course, to
stand by their own beliefs But it is
most earnestly to be hoped that they
will not take such a stand in what
Senator Austin, the assistant minor
ity leader, has called a spirit of
blind opposition" for that would
point the way to a split in the Re-
publican ranks which would work
grave injury to both the party and
the country as whole.
Evening star., 1941-02-11

most deadly weapons of modern war
fare and back of them are other men
and women so that not a square rod of
that beleaguered island fortress is with
out its guardian. ready TO give the alarm
at the first sight of the enemy. In
addition, the British Navy patrols the
waters of the Channel the R A F. the
air above it. Yes, the English Channel
is only rs miles wide, but it is the
gateway to He'll for the Nazis and they
know it.
The coaStline We must defend stretches
from Greenland to Patagonia and thence
to Alaska To stretch our feet along
that coast line and our air force above
it would show us to be playing at war
like children. Not in 10 years could We
make our coastal defense anything like
that of the English Channel Surely,
mature men with an elementary l1noWl-
edge of geography and our inadequate
armed strength know this. Yet daily we
hear Senator Wheeler and others pro-
claim their faith in our invulnerabilityl
Another argument is the belief in the
oOAiANS VA VIC LOO'OOO,OOO pCOPlC VI liIlS
country to defend it against any on
slaught. If there is one lesson that the
past 10 months have taught us, it is that
something besides flesh and blood is
needed to defend a nation. Even l30.-
100000 people are helpless unless they
have time to prepare weapons needed
for defense. That time we must buy,
we cannot obtain it otherwise
The third line of argument is summed
up in "our boys coming home in caskets."
If the advice of iSolationiStS were fol-
lowed, it would be not only "our boys" in
caskets but our women and children also,
as happens daily in England.
Such fallacious arguments and emo
tional utilities offer little help to a
people watching a world conflict that
will mean slavery for them unless our
Congressman bestir themselves and set
the machinery of Government in higher
gear. The battle is on and our aid
should be crossing the ocean in steady
stream while we prepare our home
defenseS. DIR. OLIVE SWEZY.
Berkeley, Calf.
Evening star., 1941-02-11
THIS AND THAT
Bu Charles Z. Trdce1oeH.

the mockingbird Whole peanuts are
liked by blue jays-and squirrels. We
have not said anything of the squirrel,
he will eat peanuts in any form, of
course, even as peanut butter.
One interesting way of feeding peanut
butter is to make a few little books
out Of cardboard. They should be small,
not more than an inch or two, and bent
in the middle.
The inner surfaces are coated with
peanut butter.
A few OF these placed on the ground
will entice squirrels every time. It is a
bushel of fun to watch them hold these
books" up to their mouth, giving the
appearance of reading.
Care should be taken not to spread
on the butter too thick, as squirrels
cannot stand as much of this concen-
trated food as one might think. A too
liberal dose might give them tremen-
dous case of indigestion. shown by rolling
over on the back and painting.
Some fine sand or grit might be tried,
as a way of Turing more birds.
1t is not always realized that birds
need this element, and quite often can't
find it, especially when the earth is
covered with snow.
The intense cold of winter tends to
harden dirt and sands, so that the birds
are deprived of both dust baths and
their grit, so essential to their we'll being.
Just because it is cold does not mean
that birds do not need a dust bath,
now and then.
Often they will be seen trying to take
one on some slope where the earth is
exposed. Even if there is not much real
dust they will go through the motions
of crouching down and Topping their
wings.
Most persons nowadays realize that
the birds often find it difficult to get
drinking water when long period Of
cold days comes along.
Even bird baths which are full of
water are frozen over all day long, unless
some one takes the trouble TO thaw them
out bit. This may be done by break
ing the ice, or pouring hot water over
the top.
Another good way to provide the birds
with both drinking and bathing water
is to put out shallow tray of slightly
warm water in the sun in the middle Of
the afternoon.
1t is most amusing to watch the song
sters troop by two and threes from the
feeding station to the pan Of fresh
water. They will bathe in it, too,
especially If the sun is shining
We have never been able to see that
birds care much whether the sun is out
or not. While they probably react as
most forms of life to the rays. they live
so much in the shady trees that they
may not need sunshine as much as many
other creatures
Evening star., 1941-02-11
Believes Pacifism of Today
May Be Praised Tomorrow,

To the Editor of The Star:
A striking similarity exists between
conditions of today and those of 1917
History indeed repeats. A quarter of
century ago, war was imminent and it
was almost universally agreed that the
only way to save the world once and
for all was to defeat Germany American
blood and resources, no matter what the
cost, were to be sacrificed to make not
only America, but the world, safe for
democracy. With high hopes the people
rallied to what seemed a holy cause.
Those few dissenting ones who did not
share the belief that American aid to
Britain would save the earth and opposed
the administration policy were treated
with contempt and scorn. Men of the
courageous caliber of Norris, Borah,
La Toilette, sr., and Lindbergh, sr., be-
came targets of ridicule. They were
labeled unpatriotic, stubborn and willful.
Eugene Debs, martyr to the cause Of
peace, stated calmly that he was opposed
to bloodshed and believed there we're
better ways of settling international
problems than by sacrificing the lives
of our American youth. This brave man
languished in q Federal penitentiary
until President Harding gave him his
freedom
The scant minority that opposed our
entrance into the first World War Is
today respected, their views vindicated.
Years hence, the same may be said Of
the La Follettes Wheelers and Lind
berghs of today. Those politicians. who
seek to foment war, should refresh their
memories and recall how our former
effort to make the world safe for
democracy ended in disaster.
EDMUND K. GOLDSBOROUGH
Evening star., 1941-02-11
Veteran News Writer
Joins in Lease-Lend Discussion.
tn the Editor of The Star.

To the Editor of The Star:
In the flood of criticism over the bill
now before Congress conferring extraor-
dinary powers upon the President, critics
of the measure and of Mr. Roosevelt
have overlooked historic precedent.
The writer was attached to the WASH
ington Bureau of the New York Sun
during the excitement attending the
first World War. MY assignment was
the Senate. The controversy then was
as sharp as today over a proposal to
increase the power of the Executive for
war purposes. I recall distinctly hear
ing an argument in an elevator one
day as Senators who were members of
the Judiciary Committee discussed the
proposal now acutely before the Sem
ate. I remember that Senator LIE Baron
Colt of Rhode Island. a stalwart Re-
publican, said to his Republican COL
leagues: Senators, We must not forget
we are in a war and that the President
is, under our Constitution, commander
in chief of the armed forces and is
charged with the conduct of the war.
The Constitution has put the RESPONSE
bility upon him. 1t is our duty to give
him the power to enable him properly
to discharge that duty"
Students of history may have over
looked parallel of the Civil War. Ger
tainly some of the critics have or else
they are inconsistent.
The story is best told by John T.
Morse in his Life of Abraham Lincoln
Volume II, pages 208 and 209: Though
somewhat cloaked by forms. there was
for a while in the United States a
condition of 'one-man power and the
people instinctively recognized it. though
they would on no account admit it in
plain words. In fact every malcontent
knew that there was no more use in
attempting to resist the American PreSi-
dent than in attempting to resist a
French emperor or a Russian czar;
there was even less use, for while the
President managed on one plausible
ground or another to have and to ex-
ercise all the power that he needed, he
was sustained by the good will and con-
f1dence of majority of the people, which
lay as solid substratum beneath all
the disturbance on the surface
"Tt was well that this was so, for
war conducted by a cabinet or a Con-
gress could have ended only in disaster.
The peculiar character of the situation
may not be readily admitted; it is often
convenient to deny and ignore facts in
order to assert popular theories, and
that there was real master in the
United States is a proposition which
many will consider 1t highly improper
to make and very patriotic to contradict
NonetheleSs, however, it is true, and by
the autumn of 1863 every intelligent
man in the country felt that it was true.
Moreover, it was because this was true
and because the master was immovably
persistent in the purpose to conquer the
South that the conquest of the South
could now be discerned as substantially
q certainty in the future"
JERRY A. MATHEWS.
Evening star., 1941-02-11
On Seeing New Growth

neUer see pale spears Of green arise,
Breaking through dust and clod from
tiny seed,
Their Uery tenderness demanding
from the skies
Soft mind and 1Uarmtng sunshine for
their need,
Nor look upon a farmers faith
reUealed
By quick, ne1D growth, that uiSton
does not bring,
With sharp nostalgia, an Irish field,
Moisty and fragrant NTH the breath
of spring;
Where, 10ithin sight of hills and
ha1Uthorn trees,
In trim eractitude the furious ran,
And 1Ohere da1On often found upon
his knees,
Propping the 10eGker shoots, a stronc.
spare man.
All that knoD and lore of foaDerino
soil
Was taught me by my father, Sean
GiHtoyle!
KATHERINE EDELMAN.
Evening star., 1941-02-11
The Spreading War

Mr.. ChurChlllS Sunday broadcast,
warning that the war is soon going
to enter upon phase of greater vio-
lence,' mentioned in the same con-
nection that the Nazis, having
absorbed Hungary and driven Ru-
mania into frightful internal con-
vulSion, are already upon the Black
Sea" Then the Prime Minister
pointed out that "a considerable
German army and air force is being
built up in Rumania. and it's forward
tentacles have already penetrated
Bulgaria with what we may suppose
Is the aCQuieScence of the Bulgarian
government" The clear implication
is the belief that the Germans are
planning to move southwark against
Greece and Turkey, and thus to men
ace Britain's position in the Eastern
Mediterranean, including Egypt and
the Suez Canal.
Yesterday the British government
gave certain sign of readiness to
nip such campaign in the bud. 1t
broke off long strained diplomatic
relations with Rumania. The Bucha-
rest authorities, who are completely
under Nazi domination, evidently look
upon London's action as a prelude
to Varlike measures, for they have
ordered permanent blackout precau-
tiOI1c roidc
Rumanian oil fields, once partially
British-oWned, are now in German
hands and would be a legitimate OBJ
ieCtive for R. A. F. bombing planes.
Bulgaria would run grave risk in
asserting to any passage of German
troops en- route to Greece or Turkey.
Mr.. ChurchilIs broadcast directly
warned the Bulgarians to beware of
repeating the World War mistake of
allying themselves with Germany
and counting again the fate of being
sadly carved up"
Thus the prospect widens that the
Balkans may presently become the
theater of far-spreading war and
earn afreSh the title of the cockpit
of Europe. Albania and Greece are
already in the seething turmoil.
Anglo German conflict over Rumania
or Bulgaria, or both, would almost
inevitably embroil the entire Balkan
peninsula, as well as Turkey. Soviet
Russia would hardly remain a disin-
tereSted observer Of such develop
ments.
The British manifestly have
weighed all the contingencies,
and face them unafraid. Their
forces are triumphant over the
Fascists in North Africa and domi-
nate the Mediterranean. The Royal
Evening star., 1941-02-11
Quotes Life Saving Rule
For Pedestrians Guidance.

To the Editor of The Star:
If you leave your office this afternoon
to make a call somewhere within the
District line and are struck down by
an automobile, while emerging from the
sidewalk as a pedestrian, whose fault
will it be?
This question is asked by pedestrian,
who also drives car.
Whose life is at stake when a pedes-
trian steps into the face of on-coming
traffic?
We know the answer Then why do
men and women turn their backs to
on-coming traf1c?
The residents OF q certain Western
city had this brought home to them back
In 1925 by the then chief of police, and
they accepted his advice. He said: When
you come to the curb, stop, look to your
left and wait until all cars have passed,
then walk to the center of the street and
look to your right, crossing to the other
side only after all cars coming from the
right have passed"
The writer accepted this advice Is
years ago, and now it is a habit
II. A. BAILEY.