Detroit evening times. (Detroit, Mich) 1921-1958, 1944-04-11
FAIR
ENOUGH
-ByWestbrook
PegIer

I HAVE lust happened upon
1 the most pernicious dictum
that | have ever heard pro- 4
pounded in the entire career OF
the New Deal.
This is an excerpt from de-
cision by Justice Felix Frank
furter. head philosopher OF the
sevelt government, who
loaded the New Deal adminis-
tration with his disciples IN the
early days and wound up on the
bench Of the Supreme Court
HERE is what he said in a
H recent decision: =====z
1.-THE notion that because tho
words Of a statute are plain,
its meaning also il, in merely
pernicious oversimplification."
l have not read the rest Of
the decision but / feel free TO
take this quotation out of con-
text because il was. cited out OF
context by Miss Marguerite
Rawalt the president OF the
Federal Bar Association. a bund
OF New Deal catch-polls and
other ScourgeS- Of the bureauc-
racy, in an eXhortation 10 the
legal profession. TO take advan-
tagc of the doubt. confusion and
misery OF George Spekin.
American bearings with
some PIT special courts. bu-
reaus and commissions which.
today, decide upon and admins
lSler various federal laws, di-
rectly affecting the citizens and
business firms OF this country
Miss Rawalt pointed out with
Triumphant delight that the cit
izen had been delivered into the
hands OF the lawyers not only
by Congress hat by the Supreme
Court through ITS interprera-
tons OF laws. and said that Mr..
Franklurtcr had sounded
warning against reliance on the
literal language OF the statutes,
A CcnRpIAei- nj rms, IT
"A would be perilouS TO the
citizen 10 comply even with Mr..
kranlfiHfteF's own nterpreta-
tons of the law,
Although he seldom uses plain
language. We have 10 use our
own poor Intelligence in inter-
preting his meanings and We
might, even then. 90 wrong.
= oor1e NJ UsWho have pondered
Mr. Justice Frankfurter'S opln-
IONS are given 10 suspect from
He -Woffy sInuosIty OF has eX-
preston, that he is less intent
on interpreting the intention
and constTtuuOndtlfN Of congress
sional acts than IN maintaining
tttfat personal ambiguity which
would enable him 10 take both
sides and the middle ground on
any question 50 as 10 defy chal-
lenGe by intelligent argument.
One Of MS colleagues. IN dis
Senting opinion. once quoted A
phrase of GibheriSh, from the
prevailing opinion written by
Mr.. Justice Frankfurter. and
said ef Il
Whatever that may mean"
or words 10 that effect.
IT MUST be kept in mind that
Il the author Of this sinister
doctrine IS one Of the most influ-
entail individuals in the group
IN Washington which now rules
100 million Americans.
And here is Miss Rawalt. an
other important New Deal bu-
reaucrai, ioyouSly reminding her
fellow lawyers that he has nulli-
fed the plain language in which
Congress has tried 10 express
the Will OF the people. 50 that
the citizen must beat a path 70
their doors and pay fee TO be 4
advised how 10 conduct himself
IN almost any contact with his\
government.
CONVERSELY. If Frankfurt
~ erS dictum means anything,
then obScurity. not clarity.
trickery. not forthriChtneSs ls
10 be desired in the law, and the
Ten Commandments do not nec-
esSarily mean what most OF US
have always understood them
10 mean.
Thou shalt not Kill" might
mean 10 Mr. F'rankfurter a di-
vine admratIon 10 murder and
the common Interpretation ~
the clergy and laity might he
''perniciouS overslmplitIsatfofi.
-In-this- shocking phrase, Mr..
Frankfurter has relieved HIM
self of all responsibility for any
F. judgment he may ever give.
Copyright 1874 BY United Features Synd.