Evening star. [volume], February 22, 1937, Page A-6, Image 6

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

Image provided by: Library of Congress, Washington, DC

                
UN CALLED
NEW DEALENOIA
Court Revision Plan Author
ship Attributed to Presi
dent’s Friend.
BY MARGARET DENTON.
NEW YORK, February 22 (N.A.
N.A.).—A man who walks along po
litical highways .as inconspicuously
is a shadow is one of President
Roosevelt’s closest advisers. In
trenched In obscurity, he is the par
ent of the much-publicized brain
trust, and reputedly the author of
the newly launched plan for the re
vision of the Supreme Court.
For 15 years Samuel I. Rosenman
has nimbly dodged the spotlight. Al
though a consistent officeholder and
the intimate associate of men polit
ically important, newspaper accounts
of him are meager and uninspired.
He frowns on Interviews, guards his
unlisted telephone number jealously
and isolates his private life as com
pletely as if he lived on Mars.
If whisperings of the origin of the
new Supreme Court program reach
the ears of the country’s nine high
Justices, they may well feel that New
York State Supreme Court Justice
Rosenman, a youngster of 41. should
go supperless to bed for impertinence.
Gen. Hugh S. Johnson has an entirely
different type of reward in mind. He
has publicly named Judge Rosenman
as one of the men who should be ap
pointed to the enlarged court.
Praised by Moley.
The trend of Judge Rosenman’s de
cisions on the bench, reflecting an
unmistakable liberalism, suggest that
he logically might be impatient with
the snail’s pace of the United States
Supreme Court in furthering social
legislation. In the New York judi
ciary campaign of 1933 his close
friend, Raymond Moley, commented:
’■He deserves the support of every
voter who wants intelligence, experi
ence and a progressive point of view
on the bench.”
Judge Rosenman’s significant
friendship with President Roosevelt
had its beginning In the gubernatorial
campaign of 1928. This bright young
man proved to be most helpful, and
Roosevelt promptly made Mr. Rosen
man his counsel.
"I don’t have time for many amuse
ments. The only recreation I get is
going to the theater. I’m a member
of the bar association, my local
Democratic club-#-the Monogahela—
and I’m a Mason. I like to drive a
car and I used to play golf.’’
This unsmiling young judge is not
too absorbed in legal technicalities to
be a humanitarian. In one of his
decisions he gave his official approval
to trial separations. The husband of
a woman who was platonically but
hopelessly enthralled by a younger
man was suing for 'separation. Judge
Rosenman granted a separation for
a period of only three years in the
expectation that the infatuated wife
would return, cured and repentant.
Another case at which he presided
was a far cry from the austere com
plexities of state. President Roose
velt’s “right arm’’ had to decide be
tween the relative merits of the
"Dy-Dee Baby” and the “Wee Wee
Doll,” creations of bitterly competi
tive toy makers.
The brief facts of Judge Rosen
man’s life are reported with the
terseness of passport information.
This triumph of taciturnity was born
in San Antonio, Tex. His family
moved to New York when he was 8.
He was graduated from Columbia
University and Columbia University
Law School, gaining admission to the
bar in 1920. The political star of
this sandy-haired, stocky young man
rose rapidly. He was elected to the
New York State Assembly in 1922
and served until 1929. Judge Rosen
man is married and the father of
two sons, Jimmy and Bobbie.
like Invisible Automaton.
Like an Invisible automaton, Judge
Rosenman functions in the current
scene. He provides no colorful epi
sodes, no lively quotations to pique
public curiosity. An infrequently
published sally echoes hollowly. After
a private session with President
Roosevelt, at the White House, the
Judge was asked if patronage was the
subject of their discussion. "No,” he
replied smilingly, “we were discussing
ducks and drakes.”
Perhaps Mrs. Rosenman offers some
clue to America’s man of mystery.
•‘He even drives a car with Judicial
temperament,” she admitted. “He’d
never get stopped for anything but
blocking traffic.”
It is a tribute to Judge Rosenman’s
quiet faculty for making himself In
dispensable that, in 1932, Gov. Roose
velt, with the greatest reluctance, ap
pointed him to fill an unexpired term
on the Supreme Court bench. Gov.
Roosevelt voiced the following lament:
“This act of mine today is one of
the most unselfish things in my life,
because I am cutting off my right
arm.” Then, with a faintly pro
phetic note, “His wide knowledge of
the law Is combined with a liberal so
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ADVERTISEMENT.
His Best Friend
Told Him
It was his wife, and she told him the
truth. But she didn’t say he had "bad
breath.” Instead, she said, "My dear,
you need E-Z Tablets.” A hint to the
wise is sufficient. Don’t wait for
some one to tell you. 1f you feel slug
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to constipation, you may be quite sure
your breath Is telling others. Get a
package of E-Z tablets today. At all
good drug stores, on^ 25c.
Brandeis, Oldest of Justices,
Listens Attentively to Youth
His Famous Sunday Teas
Give New Generation
Chance to Expound.
Editor’s note~The following is
the first of a series of word por
traits of the six Supreme Court
justices who have passed 70 years.
By the Associated Press.
Louis Dembitz Brandeis, the oldest
occupant of those nine stuffed chairs
that seat the Supreme Court, courts
the friendship of youth.
Excepting the encyclopedic lilt of
academic wit, his famous Sunday
afternoon teas might resemble a
gathering of Jovial undergraduates.
The soft-spoken Justice does most
of the listening, artfully seeing to it
that his young guests do most of the
talking. His days of much talk were
as people’s attorney of Boston and
elsewhere.
On the subject of oral give-and
take, Brandeis once remarked:
“Behind every argument 1s aome
one's ignorance.”
To spectators at court, Justice
Brandeis’ ascetic features are empha
sized by the rays of an old-fash
ioned lamp he insisted on bringing
to the new $10,000,000 budding.
Steel gray hair rises above his
studious brow in a profusion of un
ruly fluffs. When he leans forward
to deliver an opinion his large, soft
eyes play over the court room, a faint
quizzical smile on his wide, sensitive
mouth.
There are those who say his phi
losophy is in advance of his times,
but he was among the last of Wash
ington's official family to forsake
the horse and carriage for the auto
mobde.
JUSTICE BRANDEIS.
Of Justice Brandeis, leaders in Pal
estine Jewry once said:
"He is, perhaps, the only Jew who
belongs to the histories of two peo
ples—the Americans and the Jews.”
A consistent giver to charity and
educational institutions, one of his
less worldly donations is seven packs
of personal papers to the University
of Louisville. He instructed that they
remain sealed until his death.
In the court’s decisions on major
New Deal legislation. Justice Brandeis’
opinion has been that they were all
constitutional except N. R. A.
Chronology: Bom November 13,
1856, Louisville, Ky. Schools—Annen
Real Schule, Dresden, Saxony, and
Harvard. Began law practice in St.
Louis, 1878. Nominated to the Su
preme Court by President Wilson,
January 28, 1916. Age on next birth
day—81.
cial viewpoint on all problems of mod
em government.’’
Tammany, as a defiant gesture
against Gov. Roosevelt, refused to
nominate his protege, but Gov. Leh
man came to the rescue in 1933 by
again appointing Rosenman to an un
expired term. After some skirmishing,
Tammany admitted defeat by conced
ing the nomination. In the Fall of
1933 Judge Rosenman was elected to
a 14-year term on the New York Su
preme Court bench.
Unofficially, Judge Rosenman con
tinued in his role of adviser to Gov.
Roosevelt. His voice, pitched too low
to be overheard by the press, was an
important factor in planning the stra
tegy of the 1932 presidential campaign.
Formulation of Policies.
According to an accepted explana
tion, the genesis of the brain trust
lay In Judge Rosenman’s suggestion
i to President Roosevelt that academic
experts might profitably work with
practical politicians in formulating
policies. The President approved and
the judge borrowed from Columbia
University, his alma mater, Raymond
Moley, Rexfofd G. Tugwell and Adolf
A. Berle. Gen. Johnson completed
| the group known as the big four brain
i trusters.
This much-publicized quartet has
practically vanished from the signifl
| cant political scene. Brickbats as
well as bouquets can be tossed at those
occupying high places. But Judge
Rosenman, snug in anonymity, has
lived to see another day.
Information derived from scattered
sources reveals the personality of the
man who has been so quietly Influen
tial In molding the country’s new
policies.
(Copyright, 1B37. by the North Amerlcsa
Newspaper Alliance, Inc.)
TARKINGTON HITS
ROOSEVELT PLAN
- fc.
Says Court- Proposal Is Attempt
to “Discard Dictionary” of
the Constitution.
By the Associated Press.
INDIANAPOLIS, February 2?.—
Booth Tarkington, Hoo6ier novelist,
yesterday termed President Roose
velt’s proposal to revise the Supreme
Court ah attempt to ‘‘discard the
dictionary.” He classed the court
as the "dictionary of the Constitu
tion.”
In a five-page statement read to
approximately 400 persons at a mass
meeting here, Tarkington said, "the
framers of the Constitution under
stood our fallability. They knew that
they themselves, being human, needed
to be protected from their own Im
pulses. They knew that we, and
our Presidents also, would need this
same protection. That is why we
have a Constitution and its careful
provision for amendments.
“The founders of the country knew
that neither one man nor men m
the mass are to be trusted to think
rightly, or for the general best in
terest, in a hurry. Moreover, as the
Constitution Is the charter of our
liberty, and therefore It Is vital to
us all that the words of the document
never should be misunderstood or
misapplied, its framers provided us
with a Constitution. In regard to
the Constitution of the United States,
that's what the Supreme Court is.
In essence and reality It is a dic
tionary.
"President Roosevelt knows his own
good intentions and benevolent pur
pose; but we, the people—or at least
many of us—are permitted to douot
if he himself would care to take this
risk if he were one of us, a private
citizen—and if Mr. Henry Ford, for
Instance, were President. We're pretty
confident, in fact, that if this were
the case, Mr. Roosevelt would prefer
to keep the dictionary.’’
AD MEN TO ENTERTAIN
A “comedy of errors," selected from
mistakes in advertisements, will be
presented at 12:30 p m. Wednesday at
the luncheon meeting of the Advertis
ing Club of Washington at the Raleigh
Hotel.
Club members have been requested
to look for advertising errors. Presi
dent Norman C. Kal will preside at
the meeting.
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Senate and House Seeking
to Set Faster Pace in
Work.
By the Associated Press.
The mass of work confronting Con
gress and prospects of as much more
to come caused administration leaders
today to seek a faster pace, lest the
session drag into the Autumn.
The Senate and House proper took
it easy, limiting their sessions to the
traditional reading of Washington's
Farewell Address. Committees and
individual legislators in charge of the
Roosevelt program, however, had their
hands full.
A survey showed the President or
his chief lieutenants have made pub
lic roughly half of the measures In
tended for this session. Some of those
expected to rouse most controversy
have yet to be put In bill form.
Judiciary Center of Talk.
While talk at the Capitol was pri
marily about the judiciary reorgani
zation proposals, many members
turned their attention to other de
veloping issues.
The Senate has on Its schedule
this week the renewal of the recip
rocal tariff act. neutrality legislation
and the Sumners bill for voluntary
retirement of Supreme Court justices
with full pay at 70.
Awaiting committee action in both
branches were the proposed reorgani
zation of the executive departments,
the $5,000,000,000 public works plan,
and the suggested policies to offset
droughts, aid farm tenants. Insure
crops and dispose of power to be gen
erated at Bonneville Dam In Oregon.
Future Recommendations.
Future recommendations by the
President, some of which may be
made this week, were expected to
cover:
Minimum wages and maximum
hours in industry.
Voluntary trade agreements by in
dustries, allowing some relaxation of
the anti-trust laws.
An "ever-normal granary” plan for
agriculture.
Reinstitution of the sugar proces
sing tax.
Broadening of the social security
act.
A slum-clearance, low-cost housing
program.
Another relief-deficiency appropria
tion.
A national power policy.
Possibly a tax on foreign Invest
ments in this country.
Some form of unemployment
census.
Ratification of the St. Lawrence
waterway treaty.
The President has been studying j
various wage and hour proposals, and
may recommend the barring of exces
sively low wages or long hours as un
fair trade practices.
Farm Plans Due In 10 Day*
Secretary Wallace has indicated
the granary and sugar proposals, com
pleting the farm legislative program,
may reach the Capitol within 10 days.
The first will seek to establisn the
principle of storing crop surpluses for
use when supplies run low. The .-ec
ond, Wallace said, will have a three
fold design: To raise revenue for gen
eral expenses, to finance benefit pay
ments to sugar producers and to pre
vent undue enrichment of processors.
The Senate Finance Committee de
cided to consider amendments to the
social security act today without wait
ing for the administration proposals.
Officials expect these to enlarge the
number of workers eligible for pen
sions, possibly including members of
ships' crews now exempted. There
has been talk, too, of increasing the
pension rates for the low-salaried
groups and of some disability benefits.
“LIVING MAGAZINE’’
IS ROUTED BY RAIN
Speaker Adjourns Indoors, How
ever, So “Subscribers” Are Able
to Scan “Contents.”
By the Associated Press.
WINTER PARK. Fla , February 22.
—"Publication” of Rollins College's
animated magazine was moved indoors
yesterday when rain spoiled plans lor
outdoor exercises.
Hamilton Holt, president of the col
lege, was "editor” of the magazine.
The ‘'contributors,” who deliver their
manuscripts orally, repeated each per
formance in the three halls where
‘‘subscribers” assembled.
Headlines on the table of contents
were Lord Davies, Welsh Industrialist,
author and world peace advocate; Dr.
F. H. Fentener Van Vlissingen of
Holland, president of the Interna
tional Chamber of Commerce; Count
ess Alexandra Tolstoy, daughter of
Leo Tolstoy, and Thomas Watson,
New York industrialist.
Fiction contributors were Marjorie
Kinnan Rawlings and Nina Wilcox
Putnam.
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Country “Rising to a Tu
mult” in Protest, Pub
lisher Declares.
By the Associated Press.
ROCHESTER. N. Y., Bebruary 23.—
Sentiment throughout the land la
"rising to a tumult" against President
Roosevelt’s proposal to alter the
United States Supreme Court, Pub
lisher Frank E. Gannett said yester
day in a radio broadcast.
The publisher, who la chairman of
the National Committee to Uphold
Constitutional Government, said that
from all parts of the country, are
coming pledges of support “In the
fight to preserve the Supreme Court.”
He said the Supreme Court la the
“chief bulwark of the rights of the
minorities.
"The ages of Justices la not an
issue,” said the publisher of the
Gannett group of publications.
“Throughout all history men 70
years and older have been among the
greatest of their time.” Such a re
tirement as is proposed, he said, would
have deprived the country of the
services of • Justice Marshall, Justice
Holmes, Justice Brandeis and Justice
Hughes at the height of their powers.
The President’s plan to bring about
Judicial reform by increasing the
number of judges would not expedite
decisions, since more time would be
required for all the Judges to read the
cases, Mr. Gannett said.
Sentiment is not divided by party
lines, he said, quoting Samuel B. Pet
tingill, Democratic Representative of
Indiana, as saying that "the Presi
dent asks for more power than Is good
for him.”
Better to wait a
little for d BUICK
than to wish
A
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