Court-Packing Theory Hit by Wilson War President Foresaw Possible Use of Ad ministrative Device. BY DAVID LAWRENCE. POSSIBILITY of a proposal to Increase the size of the Su preme Court was foreseen 30 years ago by Woodrow Wilson and was severely condemned by him. The following quotation from Mr. Wilson's writings on constitutional government, given In formal lectures at Columbia Uni versity, bears di rectly on the pres ent controversy: “The Constitu tion provides that all Judges of the United States 6hall hold their offices during good behavior, but Congress could readily overcome a hostile major ity in any court or in any set of courts, even in tne _ ... _ __ . David Lawrence. Supreme Court itself, by a sufficient increase in the number of judges and an adroit ma nipulation of jurisdictions, and could with the assistance of the President make them up to suit his own pur poses. "These two co-ordinate branches of the Government, to which the courts speak in such authoritative fashion with regard to the powers they may and may not exercise under the Con stitution—namely, Congress and the Executive—may, in fact, if they choose, manipulate the courts to their own ends without formal violation of any provision of the fundamental law of the land. Saw Some Uneasiness. “There has never been any serious fear that they would do anything of the kind, though an occasional ap pointment to the Supreme Court has made the country suspicious and un easy. But it is well to keep the mat ter clearly before us, if only that we may remind ourselves of the only ab solute safeguards of a constitutional system. They lie In the character, the independence, the resolution, the right purpose of the men who vote and who choose the public servants ef whom the Government is to consist. “Any government can be corrupted; any government may fall into disre pair. It consists of men, and the men of whom it consists will be no better than the men who choose them. The courts are the people's forum; they are also the index of the Government's and of the Nation's character.” It is not surprising, therefore, that men like Senator Carter Glass of Vir ginia, who represent the Woodrow Wilson tradition in Congress, are ve hemently opposed to the pending bill to increase the size of the Supreme Court to 15 because the justices are not deciding cases in conformity with the political or economic views pi the Roosevelt administration. Roosevelt'* Surprise Reported. Incidentally, the amount of opposi tion to the proposal Is somewhat dis concerting to the administration, not withstanding an external appearance of calm and confidence at the White House. Members of Congress are au thority for the statement that the President was much surprised when he received his first private poll, not only of the Senate but of the House of Representatives. The newspapers have been printing the probable line up of the Senators, but no complete poll of the House has been disclosed as yet. Reliable information is to the effect that the President found he was be tween 40 and 50 votes lacking of a favorable majority in so far as those who were willing to commit themselves definitely for or against the proposi tion were concerned. In other words, the "noncommittal” group in the House holds the same balance of pow er as in the Senate. In that group are the men who will finally decide the issue. Two-Thirds Vote Needed. The data about the White House poll of the House would tend to ex plain the recent statements of House leaders that they preferred to await action by the Senate before consider ing the President's proposals. Had the administration possessed the votes, as is so often the case in the House, the measure would have been put through promptly. It takes a two thirds vote to suspend the rules and take up a bill out of turn or to get it out of a committee which delays a report. It is well known that the administration does not have a two thirds vote to suspend the rules on this question in the House. Whether it will ultimately gain a majority for the measure itself depends on how effective Is Mr. Roosevelt's campaign of personal persuasion which is going on right now. Mr. Roosevelt very properly can call members of Congress to his office and tell them his arguments for the pas sage of a piece of legislation. Other Presidents have done It. So long as the activity of a President is confined to argument and does not bring in questions of patronage or bargaining, It is considered a legitimate weapon. Rumors of Patronage Weapon. Nobody knows, of course, what goes on behind closed doors In the execu tive offices except the participants, and there are the usual rumors that Mr. Roosevelt uses the club of patron age, or the withholding of P. W. A. projects, or other grants of presidential bounty from a political point of view. In order to Influence votes. Such a charge, however, has not been proved, end In the absence of public proof Mr. Roosevelt wlH be absolved from such charges. What has been often suggested is that political lieutenants of the Presi dent who are busy from time to time on Capitol Hill lining up votes for administration measures do not hesi tate to dangle possible rewards, ex tending from Federal judgeships to favorable action on the recommenda tions made by Congressmen for the appointment of constituents to va cancies. Woodrow Wilson, in com menting on the proper and improper uses of personal persuasion, had this to say in his lectures on constitutional government: “There are illegitimate means by which the President may influence the action of Congress. He may bar gain with members, not only with re gard to appointments, but also with regard to legislative measures. He may use his local patronage to assist members to get or retain their seats. He may Interpose his powerful Influ ence, In one covert way or another, in contests for places In the Senate. He may also overbear Congress by arbitrary acts which Ignore the laws and virtually override than. He may News Behind the News Religious Groups Oppose Court Program, Fearing Tampering With Freedom of Worship. BY PAUL MALLON. PECULIAR crisscross currents of religious Interest In president Roosevelt's court repacking program are noticeable deep within Congress. A Texas Representative who fought the Ku Klux Klan has been receiving letters from constituents whom he recognizes as former Ku Klux leaders advising him to oppose the program. They give no reasons, and, he says, this means they have some fear of a rearrangement on con stitutional guarantees. In addition, he has received many opposition letters from leading Protestant ministers. Editorials from the Catholic press are being circulated privately among the legislators who will vote on the plan. These express apprehension more directly. A typical example is that of the Catholic Register of Lincoln. Nebr., which says: “Catholics had better study well any proposed changes or 'reforms’ in the United States Supreme Court. Catholics in this Nation owe a debt of gratitude to the judiciary of the country. Do you remember the Oregon school bill?” To make the circle complete, some Jewish members of Congress are reminding their colleagues of what happened in Germany when the con stitution was superseded by a central authority. With Jews, Catholics, Prot estants and Ku Klux expressing doubts or open opposition, it will probably be necessary for Mr. Roosevelt to make some guaran tees, not for himself, of course, but for his successors in the presiden tial office against any possible fu ture short-cut alteration of the re ligious guarantee section of the Constitution, such as is now being proposed for the Interstate com merce and general welfare sections. While such matters are rarely debated publicly in Congress, they have an influence privately on the legislators. * * * * Despite all this flurry of activity recently, there will not be a vote upon Mr. Roosevelt’s original plan next week or next month and possibly not next year. The technical situation is this: The opposition now has 33 Senate votes. This is one vote more than one-third of the Senate, which means no limitation of delMte can be voted (a two-thirds majority is required for cloture). It also means that 33 Senators, deeply embittered against the pro posal, can prevent a vote by talking until doomsday. Obviously Mr. R. will not let his plan go to that kind of a death. It will be necessary, therefore, tor him to accomplish his objective In some other related way, either by a simultaneous constitutional amend ment, or concessions which will win more Senate votes. As things stand now, Mr. Roosevelt should be able to get control of the court within the coming year by one means or another. Thus there seems to be a similarly strong probability of new N. R. A. legislation, new A. A. A. legislation, etc. In other words, the controlled democracy still seems to be around the next comer. * * * * Lack of enthusiasm for Mr. Roosevelt’s project among his own loyal leaders in the House was illustrated again when they shoved the fight upon the Senate. Good excuses now are being offered by Speaker Bankhead and others, but the truth is they wanted none of it. Many have been grumbling for days that they have been forced to carry the hod for all Mr. R.'s hot legislative bricks from the beginning. They liked this one least of all. Outsiders say they do not un derstand why Senator Wheeler struck out so strongly against the court project, wnue most or his liberal friends were hemming and hawing. Those who know Wheeler were not surprised. Senator Wheeler’s liberalism is the truest kind, based on the controlling principle of more power for the legislative representatives of the people and less for the executive. It is not a policy with him, but a principle. He voted against the N. R. A. on that basis. Furthermore, Wheeler has less regard for political consequences than most of his colleagues. * * * * Speaking of who is liberal and who is not, they tell a story in the cloak room on Representative Maury Maverick. He is the likable San Antonio Democrat who is the most vociferous and energetic and supposed to be the most liberal liberal in the House. They say Maverick was addressing a group of Communists, with a few Socialists included, in New York. He made what he thought was a rip roaring liberal speech, but he received no applause. Afterward, he asked those who invited him why his speech was re ceived so coldly. The answer was: “You’re too radical.” (Copyright, 1937.) even substitute his own orders for acts of Congress which he wants but can not get. Immoral, Said Wilson. “Such things are not only deeply immoral, but they are destructive of the fundamental understandings of constitutional Government and, there fore, of constitutional Government it self. They are sure, moreover, in a country of free public opinion, to bring their own punishment, to de stroy both the fame and the power of the man who dares to practice them. “No honorable man includes such agencies in a sober exposition of the Constitution, or allows himself to think of them when he speaks of the influ ences of ‘life’ which govern such generation’s use and interpretation of that great instrument, our sovereign guide and the object of our deepest reverence. Nothing in a system like ours can be constitutional which is immoral or which touches the good faith of those who have sworn to obey the fundamental law. The rep robation of all good men will always overwhelm such influences with shame and failure. “But the personal force of the Presi dent is perfectly constitutional to any extent to which he chooses to exercise It, and it Is by the clear logic of our constitutional practice that he has become alike the leader of his party and the leader of the Nation.” Within the next few weeks President Roosevelt wl]J have summoned to the White House many members of his own party. Concurrently members of the presidential board of strategy and staff will be contacting Senators and Representatives on Capitol Hill to line up votes for the bill to enlarge the Supreme Court. It is a legitimate or illegitimate lobby? Congress rarely Investigates itself, so the public will never know the answer to the question. (Copyright. 1937.) Labor-Saving Machinery. Industrialists of France are consid ering the installation of labor-saving machinery to offset the labor changes demanded by the government. 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And every bag is plainly marked with the delivery Cwxltht, H>7,trlm4ud liudiln date for your protection against staleness. The freshness of Dated Coffee is guaranteed by this Dating and Delivery System. It’s entirely safe for us to pack it in a simple paper bag. When you buy Dated Coffee, you pay for fine, fresh coffee—not at all for an expensive container. Dftn’t miss this chance to have wonderful-quality coffee at a very low price. Order Chase & Sanborn Dated Coffee in the money-saving bag from your grocer tomorrow. CTHB 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, Neutrality Plan Seen Vain Bill Called Contradiction of Secretary Hull and Likely to Produce Trouble. BY DOROTHY THOMPSON. IT IS expected that some time this week the Pittman resolution will be favorably reported out of the Foreign Affairs Committee of the Senate. Under Its terms war time commerce Is rigged In favor of the great monopolies, International industries and In ter national banking houses, as against the smaller manu facturer, who keeps his capital and employs his labor at home. The bill also will extend to the P r e s i dent the very great power of deciding what, anywhere in the world, constitutes a state of war. Dorothy xhomp,OB. whether interna tional or civil, thereupon giving him enormous controls *over our entire foreign trade. The bill, furthermore, definitely favors, in war time, that country or those countries which can control the seas, extending to It or to them special privileges which other belligerents cannot enjoy. It also ex tends special privileges to those na tions, or their nationals who hold credits in this country, or operate industries or exploit natural re sources here. The bill is called a neutrality law and is designed to keep us out of war. The bill contains four major pro visions: (1) In case the President de cides that a state of war, international or civil, exists anywhere, he may for bid the shipment of arms or imple ments of war from this country, and prevent loans of money to either bel ligerent. (2) He may extend the em bargo to any other articles or materials considered essential to the conduct of war, such as cotton, steel, copper, or, presumably, even food, except as they are paid for in this country, and all right and interest in them transferred from American to other nationals. This is the so-called '‘cash-and-carry’* clause. (3) Anything which the Presi dent may define as contraband can be banned from American stfips during war. And, finally, (4) American na tionals cannot depend upon the pro tection of the United States Govern ment if they travel in danger zones. Now, what does this bill actually mean in practice? First of all, it means that we are flagrantly reversing the attitude expressed in the Kellogg pact, which denounces aggression. We, the greatest, strongest single nation on earth, announce by Inference that there is no such thing as ••right” or “wrong” and no such thing as inter national morality. In advance of all possible hostilities we perform the greatest Pontius Pilate act in history. But then we qualify that stand of dubious morality. We say that we will sell goods to anybody who can come and get them. That will mean in practice that we will sell goods to anybody who can control the high seas. That means. In the field of realistic politics, that as matters stand today, we will sell goods to Great Britain. Tomorrow, perhaps Ger many and Russia will make a great combination, build tremendous navies, and set out to conquer the world; anything at all Is possible. The President may forbid American nationals to engage In almost any form of trade from this country, but the bill exempts non-Americans do ing business in this country. This means that although we may em bargo oil to any belligerent, British companies who own oil fields here or cotton plantations can sell oil or cot ton to any one they choose. It will also, in all probability, mean that Germans, French, and others will set about purchasing oil fields here, as will as other sources of necessary raw materials. The possible complications arising from this baffle the imagina tion. Great Britain can have here a Rio Tinto as she has in Spain, or Germany a Mannesmann works, as she has in Morocca, and in time of war both of them can be furnishing their own countries from our soil. And If we confiscate their holdings, what then? Under this bill the President can prevent John Smith, who has a single oil well in Texas, from selling oil to Spain, or Russia, or Great Britain, or any other country which happens to be engaged at any moment in war, but he cannot prevent the great American oil companies, with fields and refineries all over the world—in Persia. Mexico. Venezuela, the Dutch East Indies, or in Rumania—from selling oil to any one they please, and malting tremendous profits, with which to come home from the wars and force the little fellows, whom the war has impoverished, into bankruptcy. Under this bill International Nickel, which is incorporated in Canada, but has a huge majority of American capital, can do all the business it likes. So, for instance, can Anaconda Cop per. The bill is in direct contradiction to the policy of Mr. Cordell Hull, who is doing everything in his power to foster normal international trade, and is opposing the self-sufficiency pro gram of Germany, on the ground that economic self-sufficiency encourages war! We can tie up our hands all we please, In an attempt to predicate the neat war on the history of the last, a history, incidentally, whjph recent Interpretations have both clarified and befuddled. But whatever we do w'ill generate counter-policies in other countries. They are not altogether stupid; they are also motivated by self-interest. The bill is badly named. It should be called: An act to encourage au tarchy, declare our alliance with whomever at the moment has the biggest navy, and foster international finance capitalism at the cost of the small fellows at home. (Coprricht, 1937.) This Changing World Poland Leans Toward Germany Despite Official Alliance With France. BY CONSTANTINE BROWN. OLAND finds herself In the same position today as Italy was in 1934. Officially she Is Prance’s ally; you will find her described as such In the political “Who Is Who’’ of Europe. Lately the French republic has loaned her money for military purpose. In the hope of over coming whatever hesitations she may have in the event of her being cal'ed upon to help the French and their allies. In fact, however, Poland will remain neutral In case of a Russian German conflict and might go on Germany’s side If another World War breaks out. There are many kindred feqjings between the German and the Polish people; the hat^d of the Jews Is one of the Important links between the two nations. Then, there ii an irredentist sentiment in Poland regarding certain sections of Czechoslovakia, as. there was in Italy regarding certain territories of the Hapsburgian empire. The Poles feel that the Olmutx region, which the allies gave Czecho OH.COMEOW AND LET THAT OLO MAN i ALONE/ i OUT I . LIKKUiM jm Slovakia alter the war, should have been alloted to Poland. And they have never gotten over the feeling that they have been treated un justly by their makers. Should the Germans decide to attack Czechoslovakia the odds are 3 to 1 that Poland might sell her friendly neutrality, as the ally of Austria and Germany, as Italy did in 1914 for a piece of Czechoslo vakia. For the time being Polish diplomats hunt with the hounds and run with the hare; Col. Beck, the Polish foreign secretary, plays tennis with Capt. Eden, and the President of Poland gives hunting parties for Gen. Goering. Both men are assured that Poland is their friend. But the time may >me in the near future when tennis and hunting parties will no longer be sufficient for Great Britain and Germany; they will ask for another expression of Poland’s loyalty. * * * * Spain is today the laboratory where the new arms of the large Euro pean nations are being tested. Military observers from France, Germany, Italy and Great Britain— whether mere observers or actual fighters—look carefully at the action of the new bombers, pursuit planes and tanks manufactured in different countries, draw their observations and report their findings to their respective governments. The Spanish civil war is an Incomparably better experimental field than the ordinary war games where no live shell can be used and thus the efficiency of the modern weapons cannot be so well tested. Whenever a plane crashes down in flames the aviators from the other camp are eager to study its design and motors. Thus lately when a Russian bomber was brought down by the Franco flyers the Italian aviators rushed to examine It In detail. So far, it has been ascertained that the Italian planes are better than the German, but the German aviators are better than the Italians. The Russian heavy bombers, constructed after the American Douglas model, are far better than any other heavy planes. The Germans call these planes flying fortresses, because of their heavy armament and efficient armored protection. * The Russian tanks are speedy, but the armor ia deficient: the armor can be pierced by the ordinary rifle bullet. The German tanks, which are fighting on Franco’s side, are, according to these observers, Incomparably better protected, although they are less speedy. * * * * Because of the rapid pace of rearmament In Great Britain there is a move of industries in the United Kingdom from north to south. London is becoming overpopulated. This migratory movement wor ries the government because the increased population, requiring a large number of new homes in the London area, makes the capital of the empire an admirable target for enemy airplanes. In view of such a danger the German government is endeavoring to decentralize its most populated centers. Populations are now frequently ordered to move west to east. But Germany lives under a dictatorial regime, which permits the leaders to do whatever they want. Protocol divisions of foreign offices don’t move with the times. They follow a set and fast rule regardless as to what is happening in the world. Thus the British government, which is busy at the present moment preparing King George's coronation, has issued invitations to attend the festivities to the Ethiopian government—that is to say• to Haile Selassie—although Ethiopia has ceased to be an inde pendent state except on paper. An invitation has been issued to the Madrid government, too, despite the fact that the British foreign office Is fully aware of the fact that the chances are that by next Summer Franco will be the ruler erf Spain. Headline Folk and What They Do Andre Malraux, French Novelist, Is Man of Many Talents. BY LEMUEL F. PARTON. WRITING, flying, fighting and exploring have filled Andre Malraux’s first 35 years. The French novelist, com ing to New York to plead the cause of Spain in America, has been flying for the loyalists the last six months. It was he who reported finding the ancient city of Sheba on March 14, 1934, in the Great Arabian Desert, flying from Djibouti, in French So maliland. Bom in Paris, the son of a French civil servant, he went to French Indo-China when he was 20 as a professor in the Ecole Francaise de l’Extreme Orient. A dark, dapper, alert, adventurous young man with ideas of his own, he broke with French officialdom and took up with the friendless Annamites, suffering hard luck several cuts below that of an American tenant farmer. That made him an outcast with the French ruling caste, but it started him on his main career as an archc ologist. The grateful Annamites tipped him to ancient hidden terasure which no certified French archeologist had even been able to find, and later they saved his life. He began delving, searching, studying and translating and turned up treasure troves of Graeco-Buddhist art, on which he has become an authority. But, mixing in some free-for-all fighting.