Detroit evening times. (Detroit, Mich) 1921-1958, 1941-02-19
High Court
New Deal
Splitting Up
Reform Minority | o sin g
to Law Sticklers
BY PAUL MALL0N

the Supreme Court is showing
signs of breaking within itself.
The "aha's" of lawyers close
around the court could be heard
Enthusiastically when the Frank
furter wing issued last Monday
its second split opinion within
week against a New Deal
minority. First turn came in a
) TO 3 ruling, iegalizing injunc-
tions against picketing in cases
of expected violence.
The second showed precisely
the same division limiting the
federal trade commission from
interstate regulations against
business. These points involved
fundamentals.
Seems as If the dcdien1f-
clans are cutting off son what
from the refermefs. The major
ity is being led by legalists
Frankfurter and Murphy uurn--
ing away from the crusaders,
Black, Douglas and Reed. The
reform trio seems 10 faXnr. any
activity that appears socially
advisable and searches for legal
excuses TO justify it. The Frank
furter G d ers h p obviously
wants 10 stick to law.
In the process. Justice Frank
furter is becoming the unofficial
chief justice of the court. His
leadership of the majority is
establishing him as a dominant
figure. He is writing far more
opinions than any one else.
MOT one of Wendell Wilkes
Az suggested amendments TO
the sell-lease: lend-gift bill was
even proposed in the Senate for
eign relations committee.
Willkie thought the countries
should be named, a monetary
ceiling should be fixed, Congress
should be consulted and the word
facility" should be clarified so
the President cannot control
gbroadcasting and newspapers.
Some of these suggestions were
discussed in committee. but no
amendment was offered by any
of the Republicans to carry them
out.
This failure is fair sample of
the silent anger of SO many Re-
publican legislators because Mr..
Willkie has chosen TO go his own
way.
WILLKIE'S suggestion { h t
w the White House should let
Britain have 10 more destroyers
a month does not seem to have
met with any more success in
the executive branch than his
legislative proposals in Congress.
Obviously Willkie was speak
ing with authority. His friends
claim Mr.. Roosevelt indicated
some sort of approval to the idea
in their private confab.
Yet unquestionable administra-
ton authority holds no destroy
ers will be released for a long
time to come, if ever.
INTERNAL cleavage in the OPP
L position is what made Mr..
Roosevelt's task in the Senate
much easier. In their private
meetings the opposition senators
could not even get together be-
hind the Taft substitute for
straight S2,000,000.000 credit.
Their minds would meet only on
such broad fields as opposition TO
release of the navy.
Plain fact is, a number of OPP
position senators do not want TO
aid Britain. Others want TO aid
in varying degrees. Forceful OPP
position, therefore, was impos-
sible.
SENATOR WHEELER. who
~ has been a bad boy. is Suf-
fering the consequences. His
proposals for senatorial investi-
cation of the Federal Commune
cations Commission and patent
controls are bottled up in the
audit committee, controlled by
the administration. No money
will be allowed him for these
inquiries as long as the adj
ministration feels he might mis-
use the money by investigating
Leon Henderson. the price
moulder, may extend his vaca-
tion TO five months. Doctor 5
orders. There will, however, be
no cessation in the activity Of
his bureau
The night bombing device
vaguely mentioned in London
dispatches is the one forecast
in this column January Is, a
radio sound detector in planes
based on the same principle as
anti-aircraft.
Behind ali This diplomatic
Juror in the Far East is con-
fidential information picked up
by our authorities indicating
the Japs were making ready TO
extend their conqueSts stimuli
taneously with the Hitler Spring
attack on England.
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