Evening star., 1941-10-19
Federal Bar Honors
Justice jackson at
Annual Dinner-Dance
Attorney General BiddIe
Pays High Tribute to
His Predecessor


of honor at the annual dinner
dance of the Federal Bar Associa-
ton last night at the Mayflower
Hotel.
Attorney General Francis Biddle
the principal speaker, opened his
discussion of issues before the Su-
preme Court by pledging the "devo-
ton Of the juriSt's assembled
friends.
1--WE are devoted to you for your
clear mind and your warm heart,
said the Attorney General of Mr..
Jackson, for your integrity, your
courage. your wisdom, your artistry
and your learning. We are devoted
to you for great service rendered
to the country and to the law; and
for the even greater service you. will
render in the years to come. We
are. in short. devoted to you as a
friend. as citizen, as a lawyer, as
an official in positions of the highest
trust, and, finally as justice of that
court which we all esteem, but
which, following your counsel none
OF us permits himself to worship"
Unity of Court.
Declaring that settlement of the
constitutional crisis" had brought
substantial unity on the court with
of the court in relation to legislation
and administration" Mr.. Biddle de-
scribed this unity"
The Constitution" he explained,
rs to be read as the broad charter
of governmental organization and
power it was intended to be, its gen.
eral words and underlying concep-
tions adaptable to the needs of sue
Ceeding generations as the needs
arise. That means, for the most
part liberal construction of those
clauses which are vehicles of ma
tional power, and narrow construc-
ton of those clauses which impose
limitations upon Congress or which
limit the power of the States with
out regard to national needs.
But governmental power is the
instrument OF free people" said
Mr.. Biddle, 'and free people is
one which maintains essential in
dividual liberties at the core. Hence
there is point. however indefinite
1t may be, at which liberal construc-
ton stops and strict construction
begins. That point is marked text
ually by the Bill of Rights and by
those Of its major provisions which
are included in the Fourteenth
Amendment as constituents of due
process OF law ="
Function of Review.
Turning to administrative agencies
and their function, the speaker said
that judicial review performs it's
function when 1t vindicates the au-
thorlty Of the law and the decencies
Of fair procedure. Beyond this, the
correction of errors of policy or of
judgment is the business of the
agencies which make them or of
legislative reform"
The construction of the ever
expanding corpus of Federal statu-
tory law and its application to the
intricate diversities of contemporary
experience, the jurisdiction of the
Federal courts and their relation
ship to the courts of the States, the
host OF interstate adjustments which
present Federal questions-these are
some of the abiding problems which
assume an increased Importance
now that the great debate has come
to an end"
Mr.. Biddle cited a number of de-
cisions at the present term of court
to illustrate "strikingly' What he
called a shift in the locus of sig
nlf1cant controversy in the court.
the redeflnition that has occurred
In the attributes that make cases
close"
Disagreement Survives.
But If the area of disagreement
has shifted" said the ATTORNEY Gen
eraI. disagreement has survived,
AT the last term 164 cases were de-
clded with written opinions. Dis
sents were recorded in Al, and re-
arguments were ordered in 13 cases
IN OF which an equal division
was made known"
Analyzing the decisions Mr.
Blddle said statistics In the matter
suggested "a certain special con-
eenlallty OF view on the part OF
Chief Justice Hughes and Justice
Roberts on the one hand and of
justices Black and Douglas on the
otner. with Justices Stone. Reed
Frankfurter and Murphy occupv-
Ing more central position on the
court
And II we press the number of
dlssents for the ultimate statistical
possibility" he said, at might be
suggested that Mr.. Justice Frank
furter, who dissented only twice and
IN each case wrote a separate opin-
Ion, occupied the uniquely central
position on the court.
The area of agreement on basic
issues" said the speaker, com
pletely overshadows the area of
actual or potential disagreement.
If difference of opinion develops in
the constitutional field - it will
turn on the opposition of two prin-
ciples. each of them liberal in any
significant sense of the tradition
that bears that name"
Reception Before Dinner.
William E. Reese. president of
the Federal Bar Association, who
presided. outlined at some length
the career of Associate Justice Jack
son and paid high tribute to his
professional and personal abilities.
Justice Jackson. in a brief ac-
knowledgement Of the tributes paid
him, declared he saw no reason
for changing his philosophy and
viewpoint held throughout his life.
because he had been appointed to
the Supreme Court.
Each generation, ne said, had re-
written its own law and reshaped
its own institutions until they were
of such different shape that they
lost all resemblance to their original
form
Limitations on Judge.
The limitations on a judge max
Ing a speech. he pointed ou. jocu-
larry, usually made it difficult for
him because a Judge, he said, "is