Evening star. [volume], February 18, 1937, Page A-11, Image 11

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

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Congress Veto
of Courts Is
Fateful Step
Justice Stone Told of
Drastic Changes That
Could Result.
BY DAVID LAWRENCE.
Proposals that congress be
given the right by two-thirds
vote to override the decisions
of the Supreme Court are be
ing advanced as a compromise In the
controversy over enlarging the size
of the court.
But such proposals, while on the
•urface a basis
of compromise,
probably would
he fought more
vehemently when
analyzed as con
stituting a more
fundamental
change in our
system of gov
ernment than the
attempt to
change the judges
by altering the
size of the court.
The best ex
position of the
argument against
David Lawrence.
the idea of giving the legislative
branch increased powers was made
by Justice Harlan Stone In a speech
delivered while he was a member of
the Supreme Court bench. The occa
sion was the meeting of the American
Bar Association in Seattle in July.
1928 Justice Stone pointed out that
he was not discussing whether the
power to override decision-, should or
should not be given, but he was out
lining "in a gathering of lawyers” the
effect of the suggested limitations on
the judicial power. He said in part:
“It has been suggested that a stat
ute might be made to prevail over
constitutional objections if it were
passed by the legislative body twice.
It has also been suggested that if a
statute whose constitutionality was
contested were upheld by a minority
of two or three of the members of
the court, it should become law de
spite all constitutional objections.
State and National Questions.
“When any such device is applied to
the function which the court exercises
as the arbiter between the rival claims
of governments or the separate
branches of the National Government,
the question at once arises: Shall it
be applied equally to statutes passed
by Congress and to statutes passed by
State legislatures, or shall it be ap
plied to only one. the acts of Con
gress? If applicable only to one, it
ii apparent that the sovereign State
and the National Government no
longer can stand on a plane of
equality in matters of constitutional
right or immunity, but the way is
opened for the gradual curtailment
of the constitutional powers granted
to or reserved by one through the
enactment of statutes by the other,
which, whenever their constitution
ality Is assailed, have greater weight
before the court than the Constitution
1 itself.
“But If the device of the weighted
statute were to be supplied both to
the acts of Congress and to State
statutes in the field of conflict of
powers of government under our dual
system, then each would be given the
©pportumty to extend its constitu
tional power in particular fields at the
expense of the other by the enactment
of statutes which, before the Supreme
Court, must be given weight greater
than is given to other forms of gov
ernmental action or to the provisions
of the Constitution itself.
Problem Becomes Involved.
"But governments do not always ex
ercise their eovereign powers through
the enactment of statutes. Under our
system they may aet with equal com
petency through the executive or the
judicial ipower, and such action when
it is supported by the Constitution is
as authoritative as if the Government
spoke through legislation alone. The
consequences '' these proposals, there
for*, would be to give a weight and
effect to legislative action which would
not attach to other forms of govern
mental action when it is asserted that
both are sanctioned by the Con
stitution.
"In a controversy between States,
founded upon diverse claims of con
stitutional right, greater weight must
needs be given to the statute of one
than to the executive action of the
other, merely because governmental
action In one case has found expres
sion In a statute, rather than through
some other equally competent agency.
"The same inequality between the
different types of responsible govern
mental action would occur with
respect to the three branches of the
National Government. Under such a
scheme, the executive action of the
President of the United States or the
judicial action of courts, each founded
upon a claim of constitutional rights,
would have less weight than the action
of the legislative branch. In prac
tice the device of the weighted statutes
eould only operate to effect a gradual
transfer of constitutional powers from
the sxecutive and judicial branches
ef the Government to the legislative.
Would Bring Redistribution.
“These are but illustrations in some
what elementary fashion of the truth
that under our system of the distri
bution of constitutional powers, the
power vested in one branch or agency
of the Government cannot be sub
tracted from one litigant without add
ing to that of the other, and that giv
ing artificial weight to one form of
governmental action wherever it comes
into conflict with the other forms, or
with the Constitution itself, can only
result in an inevitable shifting of gov
ernmental powers as they have been
distributed by the Constitution. And
that redistribution of power would
take place, not as a result of judicial
action based on the provisions of the
great document itself but by increas
ing the power of one at the expense
of the other by resort to its own leg
islative action.”
Already, of course, what Justice
Btone foresaw nine years ago has come
to paas in the demand for greater and
greater legislative power or greater
executive power, both at the expense
of the judicial power. The plan to
override decisions of the Supreme
Court by act of Congress voted upon
by two-thirds will lead to a proposal
lor majority vote.' Indeed, it is being
sponsored already as a compromise in
the event that the administration
objeats to a two-thirds vote as a means
of overriding the Supreme Court.
Political Oligarchy Might Result.
Such plans mean only that their
sponsors want to make the legislative
power supreme and that 531 politically
elected persons would be asked not
only to make the laws but sit as judges
on their own acts in interpreting the
Constitution. A simple act to take
News Behind the News
Secret Agreement Seen as Blocking Court Proposal
Vote Until U. S. Speaks.
BY PAUL MALLOW.
PPOSINO court factions in Congress say it ian’t so. but they have a
private agreement to hold off consideration of President Roose
velt's repacking legislation until the country Is heard from. In
other word#, both sides are agreed to let the country, rather than
the Congress, decide the Aght.
it appears Mr. Roosevelt’s leaders have been telling him the
project cannot be jammed through without heavy casualties. The
first run of incoming moil teas against him. He mutt build up popu
lar sentiment behind his move, or a lot of congressional gore will be
spilled, they say.
This is all right with the opposition. They have insufficient votes
signed, sealed and delivered today. They must build up a majority by stir
ring up popular opinion.
The White House is miles ahead of the opposition on Inside organisa
tion. Mr. Roosevelt had his whole campaign set-up ready to shoot, with
the lamed publicist, Charles
Michelson, called back: from a
Florida vacation to sight the guns.
Facts and figures for speeches
are being systematically furnished
to Oovernment officials and sym
pathetic Congressmen. Radio spots
are being arranged for them.
Propagandists are being prompted
with the proper arguments. The
whole presidential campaign plant
ing machine Is sowing as smoothly
CAN YOU MAT
' TUJkT.' i
WHY I JUST fi
GOTWfM. Y
VtSTtHPAY^
as it did last October. The opposition has nothing like that. Most or ita
radio work so far has been developed by radio program directors. The
broadcasting companies are flooded with administration speakers and must
go out and snag a few oppositionists now and then to create an appear
ance of evening things up. Senators Borah. Johnson. Van Nuys, Bailey and
a few others are getting their heads together occasionally, but they have
nothing like an organization.
Nevertheless, they have had an advantage. With caustic tongues like
that of Senator Glass ready to ad lib a devastating answer to Attorney
General Cummings, they do not seem to have suffered much.
* * * *
Recurring rumors about an allied credit loan to Germany have pierced
the skins of State Department officials. The highest authority has told
friends it is • unthinkable" that this country should join in a loan. He
attributes the rumors to financial authoritiea anxious to get their money
back from Germany.
An influential economist of the new order says Germany could not
possibly meet the exchange requirements to pay interest on a large loan,
so it would mean giving the mcney away.
More than one presidential arranger it talking about thifting the
leadership of the President's fight from Senator Minton of Indiana
before the Senate starts.
It seems that Minton had good reasons to expect an appointment to a
circuit judgeship vacancy in his locality before this. In fact, there has been
a lot of talk that he would have been appointed except for the opposition
of Democratic National Chairman Parley. When asked about it, Minton
proclaim his candidacy for the job by saying, ‘'Barkis is willin'."
Many a Roosevelt friend suspects it would be wiser to have his court
fight led by some one who is not a candidate for judicial appointment.
Note—It may be hard for Mr. Roosevelt to find a Senate leader with
out the toga itch. Nearly all who are lawyers have it. and the rest have
law partners who have it.
* * * *
If you will look hard at those new Joe Robinson half dollars you may
'I
see a slight touch of crimson arts*
on the cheek of the handsome silver
visage.
The coins bearing the counte
nance of the renowned Democratic
leader of the Senate are to com
memorate the Arkansas centennial.
The choice of physiognomy was
made by Treasury Secretary
Morgenthau, who must have in
advertently overlooked the fact
that the legislation authoring
the coin was not fathered by Senator Robinson, but mothered by his col
league, Senator Hattie Caraway, former friend at Huey Long, whose face
appears at no place on it.
The power of any governing authority to reward ita friends or punish
its opponents is limited only by ita imagination.
An attorney nominally connected with, the New York Com
modifies Exchange has been in toum lately with an idea for opening
the silver market. A bill to do it will be introduced shortly, but
, its fate is decidedly uncertain.
Statesman, returning from Florida, was surprised to learn that Mr.
Roosevelt had proposed to get his social legislation by packing the Supreme
Court.
The only unsettled questions he heard discussed in Miami were the
prospective winners at Hialeah in the afternoon and at four dog tracks at
night.
(Copyright, 19S7.)
away power from the States would,
under the proposal, supersede any
right a State might possess. The pos
sibilities that a political oligarchy,
possessing all the funds and the pow
ers of issuance of money, would su
persede any other agency of authority
are considered by opponents of the
plan to be by no means fantastic.
The only real compromise on the
President’s plan to enlarge the court
is to shelve it while the new retire
ment bill is passed and a couple Judges
retire. This would give the country
an opportunity to appraise the type of
justice Mr. Roosevelt has In mind for
the Supreme Court and the basic
issues would be clarified.
(Copyright. 1937.)
— -• —
Book Affected People.
‘ Robinson Crusoe,” when first pub
lished. had the effect of inspiring
manliness in solitude apd of pouring
healing on the artificialities of the
bewigged and powdered social life of
that day. There was a regular factory
.of "Robinsonaden” in Germany. Its
prototype, the "Swiss Family Robin
son,” almost rivaled its popularity,
and one edition of "Robinson Crusoe”
for juvenile consumption passed
through 120 editions in 20 years.
PARKING FACILITIES
PROVISION IS URGED
Sixteenth Street Highlands Citi
zens Wonld Require Space
With Hew Buildings.
As a partial aolution to the Capital's
parking problem, the Sixteenth Street
Highlands Cltiaens’ Association last
night adopted a resolution caUlng for
a regulation that would prohibit the
issuance of a building permit for office
building or apartment purposes unless
garage or parking space be provided
for the occupants.
Havlland Hobbs, chairman of the
Public Utilities Committee of the as
sociation, introduced the measure.
As the result of an accident to one
of Its members and the death of a
policeman not long ago. the group also
voted that the Commissioners and
superintendent of parks be requested
to do something about the “dangerous
bottleneck’’ at the point where Blag
den avenue enters Rock Creek Park.
Increased street car service to
Fourteenth and Colorado avenue waa
asked in a resolution.
nrHE opinions of the writers on this page are their own, not
necessarily The Star's. Such opinions are presented in
The Star's effort to give all sides of questions of interest to its
readers, although such opinions may be contradictory among
themselves and directly opposed to The Star’s.
States Rights Path Open
Recent Supreme Court Decision Permits Progressive
Laws Without Shakeups.
BY MARK SULLIVAN.
THE surprise attending Mr. Roose
velt’s action about the Supreme
Court was of a double kind.
It was a surprise in the sense
that Mr. Roosevelt had with great
pains kept it secret until the moment
he read it to the newspaper men.
His success at keeping it secret gave
him pleasure. Callers who talked with
him after he had put the sensation
forth, found him more interested in
the success of his secrecy than in
otner phases of
the momentous
step he had
taken; he said,
with much pride,
that only three
people had known
of it.
It was a sur
prise also In the
sense that no
body expected It,
or anything like
it. On the con
trary nearly every
we 11 - Informed
person expected,
so to speak, the
Mark SalllTaa.
absence of any sensational step by
the President. Everybody supposed
the President had turned his face
in the direction of calm and healing.
Immediately after the election, sources
close to him gsve out the notion that
his second term was to be a period
of quiet, and of forgiveness of oppo
nents—an "era of good feeling,” said
a confident of the President, Dr. Stan
ley High, in a January isaue of
Liberty.
The tame spirit emanated from the
President's circle through many chan
nels. Intimates reported the Presi
dent as feeling that there should be
an end to agitation, commotion and
public nervousness, that the country
must be led into a period of repose
and tolerance. This impression per- |
meated the Washington atmosphere.
A dispatch from Washington, writ- I
ten by me November 18. reported
Democratic party leaders as feeling
assurance that Mr. Roosevelt’s sec
ond term would be more calm than
the first, and that Mr. Roosevelt's
whole eight years would be teen in
history as merely a period of neces
sary and wholesome Democratic Jack
sonian reform.
Why Mr. Roosevelt should have
blasted this atmosphere of quiet with
one of the moat sensational and pro
vocative actions in American history
is a question, of which the answer
lies in the mysteries of human per
sonality. Mr. Roosevelt's personality
is not only a part of the Washington
scene in the ordinary sense. Because
he has already been given such great
powers by Oongrekl, and because of
the prestige of his overwhelming elec
tion. bis temperament is an eaeentlal
factor in government.
The general expectation of serenity
was confirmed when the Supreme
Court on January 4 handed down a
decision in which the court seemed to
accommodate itself to Mr. Roosevelt,
seemed indeed almost to make a con*
sciously amiable gesture toward him.
This decision of January 4 made it
possible for Mr. Roosevelt’s objectives
to be attained without necessity of
constitutional amendment or of any
change in the court or curb of it.
The January 4 decision in the con
vict-made-goods case, was immediately
recognised by lawyers and students as
having far-reaching importance. Sev
eral States had passed statutes forbid
ding the sale within their borders of
goods made by convict labor. There*
after, Oongress, in order to aid the
States in making such statutes effec
tive. passed the Ashurst-Sumners act.
This statute forbade shipment of con
vict-made goods into any 8tate which
outlaws such goods.
The decision upholding the Ashurst*
Sumners act seemed to break the jam
caused by the court's invalidation of
N. R. A. and other New Deal legisla*
tion. It seemed to ease the tension be*
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tween the President and the Supreme
Court. The path aeemed wide and
clear for the attainment of Mr. Roose
velt’* objective*, without change In the
Constitution or change in the court.
The situation created by the Ashurst
Sumners decision remains. The path
opened by this decision remains an
easily available and abundantly satis
factory way to attain Mr. Roosevelt’s
objectives. It is free of the disad
vantages of the other ways proposed,
whether the President's way, or the
way of constitutional amendment, or
the way of limiting the court's func
tion. Besides, the Ashurst-Sumners
way has one immense advantage; It
achieves the desired objectives—but at
the same time preserves States' rights.
The way opened by the Ashurst
Sumners decision consists of a combi
nation of State and Federal legisla
tion; it conforms to what Mr. Roose
velt himself suggested in his January
6 message to Congress, “Federal laws
supplementing State laws.”
Any State that wants to can, and
probably all would, pass statutes for
bidding the manufacture or sale of
goods made by child labor or made
with labor receiving less than a mini
mum wage, or made under other dis
approved conditions. These local laws
will, of course, protect the States
against the making of such goods, or
the violation of such standards, with
in their own borders.
Thereafter, Congress can pass a
law, analogous to the Ashurst
Sumners one—a law forbidding the
shipment of goods made under disap
proved conditions into any State that
outlaws such goods. By this Pederal
law, the State would be protected
against disapproved goods coming in
from other States. By its own local
statute it would be protected against
the making of such goods within its
own borders. By the combination of
the two, the Pederal law supplement
ing the State one, the Slate would be
protected completely.
Obstacle Remains.
True, this path depends upon get
ting rid of one obstacle that still :
remains. The Supreme Court must
yet bold tbat States bave tbe right '
to pass lawa forbidding child labor, or
wages below a minimum. At present,
the Court is on record, as late as last
May, with a decision that a minimum
wage law enacted by New York State
was unconstitutional. But competent
opinion believes the obstacle presented
by that decision wi'" soon disappear.
Competent opinion believes that with
a relatively alight change in phrase
ology. the New York minimum wage
law would be found valid. The adverse
decision last May was a 5-to-t one
A switch by one Justice would uphold
the law.
The court d a not exist In a
vacuum—it knows what is taking place
In the world. Throughout the country's
history, the list of articles defined to
be deleterious, and therefore banned,
has always been growing. In the
Ashurst—Sumners decision last month <
Chief Justice Hughes read a list of
articles which have already been
barred from Interstate transportation,
We, the People
Murphy’s Handling of Strike Crisis Uncovers Another
1940 Possibility.
BY MY FRANKLIN.
JOHN L. LEWIS has created another "Crown Prince” for the New
Deal presidential nomination of 1940: Gov. Prank Murphy of
Michigan.
The sit-down strike settlement is, on the surface, a compromise
between General Motors and the Committee on Industrial Organisa
tion, everybody's face is saved, but Lewis walks off with a good-sited
chunk of the bacon and a civic explosion has been prevented. This
it due to the remarkable labor statesmanship of Gov. Murphy himself
and to hit peculiar use of the armed forces of the State of Michigan.
Tor, if the sit-down strike is s new and baffling "tactic” in labor con
troversies, Murphy has introduced a new and important element into
the settlement of Industrial disputes: The principle that life as well as
property is entitled to protection. He did not Invent this system. It was
originated on a large scale by the late Gov. Pioyd Olson of Minnesota
in the Minneapolis teamsters’ strike of 1934. The Idea is that when a
labor dispute threatens loss of life, the militia shall be used to picket
plants against all workers as well as the strikers.
The oourte, of course, work time
and overtime in protecting what
they know as “property” and it is
no trick for a judge to issue an
order, the execution rff which calls
for violence, bloodshed and the
general jeopardy of life and limb.
This Is known as “law and order,”
though it frequently destroys much
of the physical property it assumes
to protect And what property Is
more precious than a man's own
life?
*
Tt Is Gov. Murphy’s peculiar glory that he sent in the troops and
handled them so well that no man lost his life after their arrival, and
that one of the bitterest industrial strikes on record passed off without
the usual dreary lists of killed and wounded in the conventional struggle.
He seems to have done this by the relatively simple device of throwing
a cordon of troops around the sit-downers, by occupying other plants
by the military, and, while permitting food, etc., to go to the strikers,
by preventing contact between them and the private automotive army
known as the Flint Alliance and the special police.
Just as the French discovered 15 years ago in the Ruhr, that
you cannot mine coal with bayonets, so Messrs. Sloan and Knudsen
learned that militia don’t manufacture automobiles, and that the
most drastic court orders their attorneys can wrangle are useless with
out the will of the public authorities.
in otner words, human rights
have been placed on the same
plane with property right* by the
Governor of Michigan and the
principle has been established that
even if the court* consider it their
duty to hand out dangerous in
junctions, it is the duty of the
State to prevent bloodshed. This
is so important a contribution to
the technique -of American self
government that Prank Murphy of
Michigan must now be counted along with Henry Wallace of Iowa and
George Earle of Pennsylvania among the leading contenders for the next
presidency.
* * * *
Of the strike settlement itself, it appears that the union won every
thing worth having—collective bargaining with G M. a pledge by G. M.
not to negotiate with other groups without the Governor's permission,
the right to unionize General Motors (provided "outside'’ organizers keep
out of O. M. plants), an immediate pay increase and promise of a general
negotiation on wages, houn and labor conditions. Oeneral Motors got
back its physical property and will be permitted to resume production,
and the court injunction will be dropped.
The next move by John L. Lems and the C. 1. O. is said to be
the unionization of steel, although there is a chance that the United
Automobile Workers will mop up Ford and Chrysler, too and then we
shall see whether Gov. Karle of Pennsylvania has learned the Murphy
trick of handling the militia arut whether the steel magnates have
learned anything from G. M.'s experience with the sit-down situation.
As for Gov. Murphy, his presidential stock is already being bought
for the rise by far-sighted Washington speculators and he must now be
rated as one of the New Deal's coming men for the 1940s.
(Copyright. 1937.)
by laws which the Supreme Court has
sustained. They include diseased live
stock, lottery tickets, adulterated and
misbranded articles, kidnaped persons,
women transported for immoral pur
poses, intoxicating liquors, diseased
plants, stolen automobiles—and now
convict-made goods.
To add to this list, now. goods made
I !
by child labor, goods made by labor
at less than a minimum wage, and
goods made under other undesirable
conditions—to do that would be a
small matter. And it would be a
natural evolution, of the kind through
which the oourt's lines of decision are
constantly passing.
(Copyright, 1037.1
An American
You Should
Know
Mrs. Lucille Mann Has
Followed Husband
as Naturalist.
BY DELIA PYNCHONT.
TO BE a naturalist you must
overcome natural inhibitions.
In addition, you must have a
sportsman's Indifference to
personal comfort and a scientist’* real
for research.
Mrs. Lucille Quarry Mann has these
qualities. She is the wife of Dr. Wil
Mrs. Mann.
11am M. Mann,
director of the
Washington Zoo.
She has stated
that "being mar
ried to a general
all-around natu
ralist Is a better
education than
passing A in zo
ology.’’
Mrs. Mann has
bug hunted, bird
hunted, snake
hunted and big
animal hunted.
In fact, she has
hunted mot
everything that crawls, flies or stalks
through remote jungle forests. She
and Dr. Mann bring them bark alive,
so that we cushioned Washingtonians
may gape at them in the Zoo.
To look at Mrs. Mann, so slender,
almost frail, it is to wonder at the
secret of her strength to travel the
explorer’s road. Strength and vitality
surround her somehow, and experience
demonstrates she can ‘ take it."
Came Here in 1918.
A graduate of the University of
Michigan, Lucille Quarry came to
Washington in 1918. She had a po
sition in the Bureau of Entomology,
Department of of Agriculture. She
married Dr. Mann in 1926. Lucille
Mann does not shine by reflected
glory from her famous husband. She
is a writer and .■’oologist in her own
right and executive secretary of the
International Women Geographers.
Her enthusiasm for animals, their
capture and care came as a result of
her husband's enthusiasm. Dr. Mann's
interest in animals came as a by
product of his exploration for buss
• though that appears to put the cart
before the horse j.
Snakes are admittedly a cultivated
taste with Lucille Mann. Once she
would not go into a snake house and
observe them in cages. Dr. Mann
absent-mindedly misplaced her jor
hours in a snowstorm by an ice-locked
seal pond while he went to see a man
about a snake in the tropical snake
house. Mrs. Mann decided that even
snakes were preferable to freezing. By
easy stages one snake led to another,
until Mrs. Mann found herself hunt
ing them with Dr. Mann on their trip
to South America. Later she kept two
as pets at home.
Lion Cub Brought Home.
Mrs. Mann declares that ‘ nothing
from ants to elephants is too small or
too large to arouse enthusiasm " Once
Dr. Mann brought her in a candy box
a day-old lion cub weighing two and
a half pounds. The cub had a bottlp
for a while night and day, and is the
only recorded case of a lion cub ever
to be •‘house-broken.”
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your free oopy. It gives full directions
lor preparing the delicious Star Bacon
and Chopped Steak Grill, as well as
several other tempting recipes to
whet your family’s appetite!
For convenience buy
Armour’s Star Bacon
in the half-pound Cel
lophane or the pound
or half-pound Nu
Pack cartons.