Evening star. [volume], February 14, 1937, Page A-5, Image 5

About Evening star. [volume] (Washington, D.C.) 1854-1972

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C.P. TAFT ASSAILS
Warns G. 0. P. Against Re
actionary Attitude in Op
position to Roosevelt.
Bv the Associated Press.
cACKSON, Mich., February 13.—
Charles P. Taft. Cincinnati attorney,
and son of the late former President
William Howard Taft, told Repub
licans at a Lincoln Club banquet to
night that If President Roosevelt is
not satisfied with the United States
Supreme Court, he has "the same
remedy that you and I have, a con
stitutional amendment ”
Warning the Republican party
against a reactionary attitude, Taft
aaid that "calamity howlers didn't
register in the last election and they
won’t on this (court) issue.”
He defined the party’s problem as
"to find a way to unify its efforts”
and "to make itself a conservative
party in the best sense, a party which
seeks to conserve our resources—our
resources of forests and of water and
of soil, our human resources of energy
and of pioneer spirit and of moral
values."
Of the President's proposals for
Improvement of Federal court proced
ure and the retirement of judges, Taft
said, “The President says there are
not enough Judges, and yet there are
eight vacancies on the Federal bench
which he has neglected to fill, some
of them for more than a year. He
now wants quick constitutional deci
sions, something which is very de
sirable, but for three years the New
Deal, I suppose under his direction,
tried to prevent any constitutional
decision at all.”
Lauds Court Attitude.
Terming the Supreme bench "the
promptest, most efficient and most
conscientious court of last resort in
the world," the Ohioan said that
‘‘this court he condemns • • • has
expressed unanimously a far more lib
eral view on strikes and picketing than
your own Supreme Court of Michigan,
and has almost alone among Amer
ican courts sustained the majority rule
as the basis of union recognition.”
"The problem.” he said, “is the
problem of decisions of the court with
which the President does not agree.
• • * One can understand how he
feels. I have been annoyed every now
and then by the Supreme Court of
Ohio. * • •
“Nevertheless I certainly do not fa
vor a proposal, the actual effect of
which is to give the President power
to threaten any judge who disagrees
with him with a public charge of old
age and Lncompetency. That Is ex
actly what the President is asking
for. * • * That kind of a power over
judges should not be placed in the
hands of the President.”
Party Machinery "Inadequate.”
The Republican party's machinery
for making a national attack on the
proposal was described by Taft as "ut
terly inadequate.”
"I am seriously disturbed," he said,
“by the fact that we have no way for
arriving at a consensus among Re
publicans on national Issues. That
is the reason why in a national cam
paign the local and State organiza
tions are very apt to concentrate on
electing their own candidates to the
Borrow of the national ticket.”
Urging that the party find ways of
eonaulting on national issues and of
working out a "sound national policy,”
Taft continued:
“If that method is well worked out,
lta very operation will carry weight
and conviction with Republicans and
with the ones who voted for Roosevelt
last Fall and are now uncrossing their
fingers. And they are enough to make
our efforts for good government sue- :
caaafuL
BATON ROUGE, La.. February 13
(IP).—Gov. Richard W. Leche said to
day a telegraphic poll showed the
Louisiana Legislature favors President
Roosevelt's judiciary reform proposal.
Many of the legislators are the same i
men who voted approval of the late
Senator Huey P. Long's program to
prevent Federal interference in Loui
siana in 1935.
_
KANSAS CITY. February 13 (A>).—
Robert G. Simmons, former Repub
lican Representative from Nebraska,
told the young Republicans of Mis
souri at a Lincoln dinner tonight that
President Roosevelt's Judiciary pro
posals raised the “deep issue” of the
maintenance of liberty of the citizen
from the tyranny of any administra
tion and any Congress.”
‘‘The issue goes deeper than the
question of whether President Roose
velt will or will not pack the court,”
Simmons said.
‘‘The issue is whether the American
people want to put that power in the
hands of any President, or any Con
gress."
NASHVILLE, Tenn., February 13
OP).—The Central Council of the Ten
nessee Bar Association went on rec
ord today as disapproving President
Rooeevelt's proposal to reorganise the
Supreme Court.
A resolution adopted by the council
said: ‘‘The grant of such power and
the exercise thereof endangers our
form of government as defined in the
Constitution.”
WILMINGTON. Del.. February 13
OP).—'The Delaware State Bar Associ
ation, by a vote of 73 to 5, adopted a
resolution today protesting against
President Rooeevelt's proposal to allow
an increase in the Supreme Court
Membership.
Judiciary
(Continued Prom First Page.)
plan by Democrats in Congress have
given the administration forces some
thing to think about.
The calling off of tomorrow’s regu
lar meeting of the Senate committee
by Chairman Aahurst brought a
charge from one of the opposing
Senator* that the administration was
delaying the bill until a "backfire,”
largely through the support of labor,
aould be built under a number of
the Senators who are off the reserva
tion.
It was regarded in some quarters
M a confession of weakness, and per
haps of fear to have a test on the
proposal of Senator Van Nuys, Dem
ocrat, of Indiana to sever the Su
preme Court proposal from the rest
of the President’s judiciary bill, and
to make two bills. The opposition all
centers on the Supreme Court? pro
posal, and if It were Isolated In a
bill all by Itself, It bight have a
tough time.
Careful Study Proposed.
Senator Ashurst, who is supporting
the President’s bill, said "most all
of the members of the committee have
asked to go slowly in view of the great
importance of the measure, and 1
Confer With President on Court Proposal
A group of Democratic Senators is shown leaving the White House yesterday after con
ferring with President Roosevelt on his plan to reorganize the Supreme Court. Left to right:
Senators Pat Harrison, Mississippi; Frederick Van Nuys, Indiana; Edward R. Burke, Nebraska;
William H. King, Utah, and James F. Byrnes, South Carolina.—Underwood & Underwood Photo.
myself believe that ample opportunity
should be given for careful study.”
It is noticeable, however, that the
committee so far has made no prep
aration for study of the measure. No
decision as to whether the bill
is to be handled by a subcommittee
or by the full committee has been
made. No decision has been made re
garding hearings, and who shall be
heard. Some of the members, includ
ing Van Nuys, insist that the justices
of the Supreme Court should be in
vited to appear before the committee
and give their advice on the bill.
On a basis of spoken viewpoints, the
Associated Press stated last night that
the Senate line-up on the bill was 30
for the plan. 28 against it and 38 not
yet committed publicly.
Wheeler, La Follette and Glass
were not the only Senators to express
themselves yesterday. Senator Bailey,
Democrat, of North Carolina, who pre
viously had denounced the proposal,
spoke his mind more fully in a radio
address last night. He said the efTect
of the plan was "to notify" each of
the six members of the court over 70
"that if he remains on the bench an
other judge will be appointed to offset
his presence, because of alleged in
firmity of age.”
Lewis Oners Comment.
Senator Lewis, Democrat, of Illinois,
commenting on opposition charges
that the President is trying to "pack"
the court, said:
“It is forgotten that the President
does not name the Supreme Court.
It is named by the Senate. Cleveland
named three men the Senate turned
down. The Senate rejected one of
President Hoover's nominations.
"Packing the court is an impossi
bility. The Senate would never allow
such and the President would not un
dertake such. I can’t believe he would
be so unwise.”
Meanwhile. President Roosevelt
continued his efforts to win over
Democratic Senators to support of
his measure, conferring for an hour
and a half with one group of five.
This consisted of Senators King of
Utah. Van Nuys of Indiana. Burke
of Nebraska, Harrison of Mississippi
and Byrnes of South Oarolina.
The President set forth his position
and his reasons for urging the change
in the Supreme Court and the rest
of his bill. The Senators also ex
pressed their views. Three of the
group, the first three named, are
opposed to the plan, and the latter
two are expected to support the
President.
Retirements Possible.
The day also brought suggestion*
from some Democratic leaders in
Congress that voluntary Supreme
Court retirement* might ease the
present situation. They expressed
hope privately for early enactment of
the bill to permit the retirement of
Supreme Court justices on full pay
at 70.
Opposed to Usurpation.
Wheeler's statement assailing the
plan follows:
“I am, always have been, and will
continue to be opposed to the usurpa
tion of legislative functions by the
courts; I am, have been and will be
opposed to usurpation of legislative
and judicial functions by the execu
tive branch of the Government.
"The usurpation of the legislative
functions by the courts should be
stopped. But to give to the Executive
the power to control the judiciary is
not giving the law-making power back
to that branch of the Government to
which it rightfully belongs, but rather
is increasing the dangers inherent in
the concentration of power In any
one branch of the Government.
“The Supreme Court, in my judg
ment, was wrong in the child labor de
cision. It was wrong in the New
York minimum wage case. It has
been wrong in many other cases. But
the issue is not whether the court
in the opinion of litigants. Congress
or the Executive was wrong.
The issue is; How are we going
to prevent in the future this usurpa
tion of the legislative power by the
courts? Shall we attempt to coerce
them by packing the court with six
new men? If we do add six new
men to the court, does It correct the
evil? Or is It merely a temporary
expedient? The trouble with the
President’s proposal is that you can
not correct the fundamental evil by
merely adding new faces to the court.
At best the President’s proposal is a
mere stop-gap which establishes a
dangerous precedent.
Cites Other Administrations.
"Every labor leader, every farmer
and every progressive-minded citiaen
in the United States would have been
I shocked and protested from the house
tops if President Harding, President
Coolidge or President Hoover had even
intimated that they wanted to in
crease the Supreme Court so as to
make it subservient to their wishes.
The progressives would have said, and
rightly so, that it was fundamentally
unsound, morally wrong, and an at
tempt to set up a dictatorship in this
country.
“If this administration can in
crease the Supreme Court to make it
subservient to its wishes, another
Harding administration can do the
same thing.
"If the courts properly interpreted
the Constitution of the United States
they would hold that the Congress
of the United States has the power
to regulate hours of labor and wages
of those who are engaged in manu
factring products which are shipped
in interstate commerce. Failure on
the part of the courts to do so should
impel us to ask for a constitutional
amendment, and with the backing of
the President of the United States I
think it could be promptly obtained.”
La Follette said in his address "the
same forces which opposed the Pres
ident in November are opposing him
now." He added that "for strategic
reasons other leaders will doubtless
be chosen” and went on to say.
"As in the legislative battles upon
New Deal legislation in past sessions
of Congress. Democratic reactionaries
will be relied upon to lead the fight.
But the same basic issue is at stake.
It is raised because the President
and the Congress are determined to
carry out the mandate of the Novem
ber election and to restore the
Constitution to the people and to
prevent the further abuse of Judicial
power. • • *
Corporation Lawyers Blamed.
"The idea of an unchecked suprem
acy of the Supreme Court has been
built up over the last 40 years. It
has been built up by corporation
lawyers of the Liberty League ilk
who have tried in the court to coun
teract the reforms, like popular
election of Senators, which are
designed to make the will of the
people the law of the land. It has
been indoctrinated in our schools and
' in our thinking with the same con
; scious direction as the propaganda
1 of the public utilities.”
Senator Bailey told his radio listen
ers that only the fact of age supported
the President's suggestion, adding
that "the Supreme Court is up with
its work, is capable, is vigorous; and
it is guarding the Constitution with
I a vigor and a courage worthy of all
the great traditions of its noble
j history.”
“If the court has offended, the of
I fense is that it has in a trying time
i maintained the interpretation of the
Constitution which the people have
received from their court and ap
proved in every period of their his
I tory,” he declared,
Bailey said the President “quite
plainly" has made known a desire for
general laws "asserting the Federal
! power over activties heretofore
throughout our history confined to
1 State regulation, laws like the N. R.
1 A., which the entire court held to
be unconstitutional."
After his visit to the White House.
Senator King, who has expressed op
position to the bill, publicly brought
up the possibility of a "reasonable
compromise." Several others of simi
lar views toward the proposal spoke
privately during the day of the same
possibility.
Plan to Rush Measure.
Other Democratic leaders who have
intimated they expected early re
tirements from the Supreme Court to
relieve the present tension are now
concentrating on speedy enactment
of the measure to permit retirement
of justices on full pay at 70.
The judiciary subcommittee, to
wnich this bill was referred during
the day, is headed by Senator Mc
Carran of Nevada, and the other
members are Senators Logan of Ken
tucky, Hatch of New Mexico, Borah
of Idaho and Norris of Nebraska.
Senator Ashurst. who is strongly in
favor of the voluntary retirement bill,
said it might be possible to report
the measure to the Senate when the
full committee meets on February 22.
If the voluntary retirement bill
speedily becomes law, some opponents
of the President's Supreme Court plan
are inclined to believe that it will
wind up legislation so far as the high
est court is concerned.
Recommended In Message.
The President in his message to
Congress recommended the passage of
the voluntary retirement bill. But
it was only to be supplementary to
his plan.
Senators are still receiving a great
mass of mail and telegrams in re
gard to the President’s bill. Senator
Copeland of New York said he had
received 6,000 messages, of which only
seven had been in favor of the Presi
dent’s plan. Senator Tydings of Mary
land is reported to have received more
than 500 messages, of which about 50
to 1 were against the President’s bill.
Senator Van Nuys has had 2,880 let
ters and telegrams against, and 93 for
the President's plan.
The letters and telegrams are not
at all “form” messages, it is said. They
are individual and many of the letters
are written on the cheapest kind of
letter paper.
The Supreme Court held its regular
Saturday conference and may have
decided what its verdict will be on the
administration’s legislation guarantee
ing collective bargaining to workmen.
Litigation challenging validity of the
national labor relations act and the
railway labor measure was before the
nine Justices at the secret meeting.
If they made up their minds about
the legislation yesterday an announce
ment may be made on March 1.
-•
Accident Officeri Imtalled.
Accident officer is a new functionary
In Britain who hurries to the seen*
of an accident, decides the cause
and suggests remedies as part of his
duties in working out safer road plans.
_
Jr er fern
mamoniM
W Also complete line of stand®
' srd and all-American madey
watches.
Shop at the friendly store—
.you re always areeied .witu a j
SENATORS DISCUSS
COURT ISSUE MAIL
Deluged With Messages,
They Reveal at Dinner
of D. C. League.
Frequent references to the Supreme
t Court issue and the huge amount of .
mail received concerning It were
made last night at a banquet given 1
at the Wardman Park Hotel by the '
Democratic League of the District of
Columbia in honor of new members i
I of the Senate.
Treating the subject in a facetious ;
i vein after several other of the new- j
comers had told how they were de
i luged with communications from i
| their constituents, many of who criti- j
cized President Roosevelt’s plan for
| judiciary reorganization. Senator Josh
Lee of Oklahoma declared the surest
’ w ay to age a Senator is for the Presi
i dent to decide that he "doesn’t want
j justices of the Supreme Court to age
too much.”
i Lee, whose speech was among a
few broadcast from the dinner, de
[ dared he "refused to get excited at
j the deluge.”
Senator Schwartz of Wyoming and
several other Senators had referred
to the large amount of mail the issue
j had provoked.
Senator Andrews of Florida, a new
! member of the Public Buildings and
1 Grounds Committee, expressed him
self in favor of the plan to extend the
east front of the Capitol building.
Senator Pepper of Florida warned
the administration to provide greater
j qourtesy in all Government office*
' to even the ‘‘humblest citizen!"
Among others ■ who spoke were
Senators Green of Rhode Island. El
lender of Louisiana. Hughes of Dela
ware. Gillette of Iowa and Johnson
of Colorado.
The toastmaster was Controller of
the Currency J. F. T. O'Connor. Ar
thur Clarendon Smith, president of
the Democratic League, was presented
by Malcolm McConihe, Democratic
national committeeman for the Dia
| trict.
I
LEESBURG MAN DIES
Special Dispatch to Tho Star.
LEESBURG, Va.. February 13.—
Charles R. Lowenbach, 75. former
mayor of Leesburg and political leader
here many years, died suddenly to
night, while on a visit to the home of
his son. Lawrence, who is 111.
Funeral arrangements had not been
completed late today. He Is survived
by his widow, two sons. Lawrence and
Maurice, both of Leesburg, and a
daughter. Mrs. Camilla Bache, of
Washington.
Immediate instal
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Estimates at roar
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FEDERAL BAR UNIT
PLANS RECEPTION
Sesquicentennial of Adop
tion of Constitution to Be
Celebrated by Group.
The sesquicentennial of the adop
tion of the United States Constitution
will be celebrated at the seventeenth
annual reception and dinner of the
Federal Bar Association at the May
flower Hotel Monday evening, Feb
ruary 22.
The association has invited mem
bers of the Bar Association of the Dis
trict of Columbia, the Women's Bar
Association, the American Bar As
sociation. the American Patent Law
Association and the American Law
Institute to participate in the program.
Among the guests of honor will be
Secretary of War and Mrs. Woodring.
Senator and Mrs. Bulow, Senator and
Mrs. O'Mahoney. Senator and Mrs.
Chavez, Gen. and Mrs. Thomas Hoi
comb, Gen. H. C. Relsinger. Judge
W. J. Graham of the Court of Customs
and Patent Appeals. Chief Justice
and Mrs. Fenton Bocth. Court of
Claims, and the chief legal officers of
the several governmental agencies, in
cluding the Assistant Attorney General
and Mrs. Jackson, the Assistant At
torney General and Mrs. Morris, the
general counsel of the Bureau of Cus
toms, William R. Johnson, and Mrs.
Johnson, and the solicitor of the
Veterans’ Administration, James T.
Brady, and Mrs. Brady.
Many attorneys from the Home
Owners’ Loan Corp , the Securities
Exchange Commission, the Federal
Trade Commission, the Veterans' Ad
ministration, the Federal Communi
cations Commission, the Social Se
curity Board, and other Federal agen
cies have made reservations, it was
announced.
The General Committee on Arrange
ments is in charge of William R.
Vallance, Department of State, and
Kenneth H. Bruner, General Account
ing Office.
!
Honorary Degree Conferred.
Witwatersrand University. Johan
nesburg, South Africa, conferred the
honorary degree of LL. D, on the retir
ing governor general. Lord Claren
don, and Lady Clarendon.
CUBAN PARTY OUSTS
FORMER PRESIDENT
Dr. Grau San Martin Called
Traitor to Principles of Revo
lutionary Group.
Br the Associated Press.
TAMPA, Pit., February 13.—Dr.
Grau San Martin, former President
of Cuba and a leader in the Cuban
Revoltuionary party, was declared ex
pelled from the party today In a state
ment from the Executive Committee,
which maintains headquarters here.
Dr. Grau San Martin was charged
with violating the principles of the
party by expressing approval of a
constitutional assembly advocated by
Col. Fulgencio Batista, head of the
Cuban Army. The party opposes the
constitutional assembly's recommen
dations of political changes in Cuba
on the ground that they would be
dominated by Batista "and no bene
ficial changes would be effected.”
The committee’s statement that Dr.
Grau San Martin, once anti-Batista,
had expressed his willingness to con
cur in the Batista plan “which was
treason to the principles of the Cuban 1
revolution and a desecration to the -
memory of his companion* who were .
assassinated and tortured, as well as .
a lack of keeping faith with those who
still suffer imprisonment for defending
those principles.”
Dr. Luis Barreras, secretary of th#
Executive Committee, said Dr. Orau
Ban Martin had beer the party choice
for President, if it was ever able to
overthrow the present Batista-Lareao
Bru regime. 'flUCM
“Human Touch” Formed.
Coal mine companies in Wales have
formed an agency called the “Hu
man Touch” to deal directly with em
ployes.
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