Evening star., 1950-02-06
\ Letters to The Star =.
Reminds Senate of Traditional Rule
OF Two to One Majority in Supreme Court

ACllClo "
Reminds Senate of Traditional Rule
OF Two to One Majority in Supreme Court
To the Editor Of The Star:
It is certain that the Senate shortly will
be engaged in struggle over judicial nomi-
nations. Senator Ferguson Republican Of
Michigan, has directed attention to the fact
that of 1872 nominations sent to the Senate
by President Truman 1874 have been Demo-
Gratis. Public attention has been directed
also to the fact that Of all judicial nomina-
tionS sent to the Senate under the admins
trations of Roosevelt and Truman So per
cent were Democrats.
Republican Senators interested are direct
ing attention to a rule invoked by the late
Senator Joseph w. Bailey of Texas, at the
time leader of the minority in the Senate,
identified by Mr.. Bailey as "unwritten" but
recognized by both political parties, which
required that the minority representation in
the United States Supreme Court should al
ways be maintained at three. While William
H. Taft was President, Senator Bailey called
on him and acquainted the President with
the "unwritten rule" imposing a partisan
ratio at all times of two to one. Mr.. Taft
admitted he had not been aware of such
rule but approved 1t and observed it in
nominations, as did his Republican success
Having invoked the rule, the Democratic
Presidents have failed to observe it. At
present there is but one Republican on the
Supreme Court bench. 1t is no disparage-
ment to Mr.. Justice Burton, the Republican,
to suggest that his nomination may not have
been prompted by desire to swell the
minority representation to conform to the
rule the Democrats previously had invoked.
partisan incentive may have figured in the
choice. It opened the way for the appoint
ment by Democratic Governor in Ohio of
Democrat to succeed Senator Burton at a
time when Democratic votes were needed in
| the Senate.
Those who approve the two to one ratio
are not influenced by partisan considerations
entirely. Senator Bailey, defending the rule.
SAID 1t was recognition of the fundamental
| conception Of the founding fathers that this
| is government of Checks and balances" and
this principle carried into the legislative
| powers. particularly in revenue legislation.
| should apply to the highest court, where
| there Is difference of opinion in the con-
| struction Of constitutional limitations.
The writer, who has contributed to The
Star heretofore on the Bailey incident, has
received letter from John w. Davis, saying
ne heartily approved Of the rule cited by
senator Bailey. Doubtless other Democrats
agree with Mr.. Davis: The latter suggests
that the issue is one which cannot be settled
IN the consideration of single nomination
put Is one OF consistent party policy, which
the Republicans properly may insist having
| oeen raised by the, Democratic Senator's
should be observed by them or publicly dis
| claimed. JERRY A MATTHEW'S
Some Impressions of What Happens
When People Are Paid Too Much
To the Editor of The STAR
| What makes bank tellers tick the way they
do. when they are tired or overwroueht9
| Inc story told in The Star February
under the heading: IS GIs Oyerpaid by
| $780," reminded me of this one down South
| ways:
My parents were missionaries in South
america. While father was visiting his mis-
sion parish. mother was sent a check in
local currency. Let's call it SGT for sake of
comparison.
She went to the bank, cashed the check
and came home. Wondering at the rather
large package of bills she had been given.
she counted it over. The whole thing came
TO $4,000, not $27. She was overpaid 900
/ times. wv
AS early as she could, mother went back
to the bank. She walked up to the bank
teher's window. and there she saw haggard
man, who looked like the one who had
Almost whispering, mother asked, did
you make mistake yesterday"
Yes, did. and I can't find where went
wrong. I almost blew my brains out last
night. But what do you know about it?" the
man asked desperately.
| On! Here's your money, all of it." mother
| answered.
| man said, beaming all over.
This time he cleared himself, thanks tn
| mothers honesty.
| Inc story Is told of a farmer who cashed
| check Tor small amount He went back
| to the young teller and remarked, you've
| made mistake"
I'VE don't make mistakes here. was the
| naughty answer
Very well. young man. When night comes
| you'll find you made "a mistake. Then come
| over and see me about it."
Late that night very penitent bank tel
Ter visited the farmer. He was sorry for his
| nasty words, but could he get back thou
| sand-odd dollars he seemed to have oyer.
paid the farmer?
| Now it was the farmers turn to point out
1 feW lessons in public relations He then
honestly returned the large overpayment to
very chagrined bank teller.
So IT by now three GIs have not vet re.
turned the excess payments have pity on the
cashier. Both sides in the unhappy transac-
tion will have anxious moments It goes hard
on the tellers who overpay, and it is hard
on peoples consciences who do not repay
| 1t pays to be honest, always.
| CHARLES ALLEN RENTFRO.
| Argues That Statute of Limitations
Can Be Evaded by Government
To the Editor Of The Star:
The finding of the Jury in the Hiss case
| is finding that If man has committed
crime for which he may not be prosecuted
because the statute of limitations forbids, he
| may. nevertheless, be called before a grand
! jury and there be given the choice of admit
ting the commission Of the crime or deny