Evening star. [volume], February 25, 1937, Page A-13, Image 13

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

Image provided by: Library of Congress, Washington, DC

                
Court Quarrel
Blockades
Laws
Liberal Proposals Tied
Up as Capitol Hill
Talks Issue.
BY DAVID LAWRENCE.
OUTSIDE of the National Capi
tal, the controversy that has
. arisen here over the Supreme
Court may seem to be just
another one of those Washington wars
of words, but here it has become all
pervasive as an influence upon the
whole legislative
and political sit
uation.
Virtually no
progress is being
made toward the
solution of the
larger problems
of the present day
because in one
way or another
the Supreme
Court issue
touches every sin
gle one of them.
Thus the Pres
ident's splendid
plan looking
David Lawrence.
toward a reorganization of the execu
tive agencies of the Federal Govern
ment has been dealt a body blow by
the furor that has arisen over reor
ganizing the judiciary. Likewise no
legislation to clarify the Wagner labor
relations law so as to make it fair and
effective is being brought forward be
cause of a belief that when the
8upreme Court decides the pending
cases, the whole labor problem will
become wrapped up in the controversy
over the size of the court.
Even the proposals for the recapture
of the worth-while things in the N. R.
A. such as the establishment of better
hours and working conditions under
a system of voluntary co-operation in
exchange for certain governmental
privileges for the code groups or trade
associations seem to have been side
tracked.
Slows Up Important Bills.
But worst of all. the bitterness being
engendered by the dispute is making
Inroads into everyday work of the
legislative branch of the Government
and the movement of important bills
toward final enactment is being re
tarded to such an extent that a con
gressional session through some of the
Summer months is regarded now as
Inevitable.
It is too early to say what the po
litical consequences of the controversy
will be. but with a congressional cam
paign only 18 months away it is nat
ural that members of botn houses
should be wondering what effect the
votes they cast on the Supreme Cour„
bill may have on their political fu
ture.
Politically there is ammunition for
« flrst-rate issue in the present dis
pute. The Republicans cautiously
have been avoiding any appearance
of aggressive fighting, believing it is
better for the Democrats who disagree
with the administration to appear in
the front-line trenches. But it is
not to be forgotten that once a num
ber of members of Congress find them
selves breaking from the White House
on one issue they are not so timid
•bout it the second time, especially
If they see a favorable public opinion '
heading their way.
Spilt With Party Possible.
Pew observers here believe Mr. j
Roosevelt will carry his fight against
the Supreme Court to the point of
breaking up his own party. Yet such !
a result is easily possible if the Presi
dent does not move away from the
fundamental question he has raised— !
the power of the Executive to read- ,
just the judicial branch of the Gov- |
ernment. ,
Meanwhile there is growing evi
dence of a serious economic situa
tion. The “sit-down” strikes are
causing an increase in the interrup
tions of the recovery march. The
situation cries out for some public
policy that will meet the legitimate
demands of organized labor without
breaking down the productive proc
esses of the country. Because of
Mr. Roosevelt’s political pre-eminence
the local authorities everywhere seem
to be looking to him for leadership.
The Wagner labor relations law was
supposed to deal with problems of
this kind. Yet no move is being
made to amend the law so as to bring
industrial peace.
It often has been said that liberals
•re precipitate and hasty when they
Ret into power, and the latter usually
answer that because they stay in
News Behind the News
Officials See Probable Step to Peace in Britain’s
Bigger Navy Program.
BY PAUL MALLON.
SILENT concern was expressed upon the official face here when Britain
announced this vast new rearmament program, but the poee was
really a wrestler's grimace. American officialdom was tipped two
weeks in advance on the program and secretly considers that It
may yet turn out to be a constructive move toward world peace.
The attitude of apprehension was adopted for domestic purposes. For
example. Assistant Navy Secretary Edison was called In to see the Presi
dent shortly after the public news came from London. The subject of the
conference was the serious effect that the Walsh-Healey labor act has had
upon naval construction here. But that is a touchy subject around the
White House So the President informed Mr. Edison upon his departure
that, inasmuch as they had also
mentioned the subject of British
rearmament, he should mention
only the rearmament matter to
the awaiting press outside. At
least, this is the story current
on the bridge at the Navy De
partment.
There no concern whatever
is felt over the British rearma
ment move.
Note—Labor Secretary Per- — ~* ^
kins Is highly wrought up against any possible modification of the steel
manufacturing restrictions of the Walsh-Healey act and must be handled
cautiously. The President sees the Navy needs as well as the labor bene
fits involved. The subterfuge he employed to keep quiet the main purpose
of the Edison conference js a common and legitimate White House
practice.
The American disarmament maestro, Norman Davis, has been gum
shoeing around Washington during recent weeks. He is working on some
thing, although no one seems to know just what. After the British move
was announced, he came down from New York for one day, but gave no
inkling of future plans.
Davit lately has been telling his friends that any disarmament
move this year is out of the question. He has convinced some of them
that he is speaking the truth because, until recently, he always
radiated hope at the slightest provocation. However. Davis rarely says
all he thinks. If Hitler gets some economic help. Spain quiets down
and Mussolini comes forward with a peace proposal, disarmament
may yet cease to be the lost word of 1937.
ft ft ft ft
For the first time in history, anti-lynching legislation stands a good
chance of adoption. A change in sentiment among the historic opponents
may soon be evident. The National Association for the Advancement of
Colored People quotes a newspaper poll (Institute of Public Opinion)
indicating the South is 65 per cent for and only 35 per cent against.
Southern Congressmen are having a hard time believing that the ma
jority in their districts is as strong as that, but iheir mental attitude is
nevertheless softening.
If the House Judiciary Committee does not grant hearings and report
out a bill, you will probably see a petition circulated to force the bill to
the House floor. This move would require 218 signatures.
A similar petition was signed up before Congress adjourned last
July, but adjournment came before the time to vote on it. The bill now
VNICE TOP*/
% *'*■
•SUPtfEMC
‘Oort tasue.
seems certain to pass the House.
The attitude of the Senate is yet
unclear, but Senator Wagner is
advocating it and Mr. R. will speak
a word for it at the proper time.
* * * *
No one has mentioned it yet,
but the Supreme Court does not
like President Roosevelt's executive
reorganization plan any better
than his proposed judicial reor
ganization.
His executive reorganization would give him the power to olanKet
all Government employes into the civil service; that is, all employes
except those who make policy. This means all Supreme Court em
ployes and even the employes of other Federal courts would fall into
a civil service category. The judges would lose control of their own
assistants.
It may be said, upon the authority of a Congressman who knows,
that the Supreme Court does not like it.
If there was any public comment upon Mr. Hoover's speech against
the court plan, it was not apparent in Washington. However, the
Republican moaning and Democratic cheering were almost loud enough
to be heard without a radio.
It seems that Republican National Chairman John Hamilton, who
has never previously been known to consider silence a virtue, has been
studiously silent on this Issue. There is also inside evidence available
indicating he has advised Republicans in Congress to avoid making it a
party issue if they can Gov. Landon followed that course. Political
tacticians all appreciate’ the wisdom of the mouse not fighting the cat,
especially when others are doing it better.
It should therefore be no strain upon your imagination to improvise
the private comments of Republican legislators upon reading Mr. Hoover's
forthright attack.
(Copyrlsht, 1P37.)
!
power for such brief periods before the
reaction comes they must necessarily
make haste.
Sound Policies Sidetracked.
But there are plenty of sound poli
cies which might have advanced the
cause of liberalism at this session
of Congress had it not been for the
interjection of the Supreme Court
controversy. Congress was getting
ready to consider at least a broader
and more practical definition of in
terstate commerce, and while the
O'Mahoney bill to license corporations
may be too far-reaching, there are de
sirable objectives in it from the view
point of proper Federal regulation of
enterprises which operate across State
lines. It, too, is sidetracked.
What seems to have been overlooked
is that even granting the premise
that capitalism must be modified, the
existence of a system that has taken
root in centuries of time and habit
makes it difficult to change by a sud
den surgical operation on the very
arteries of its body.
Nor is the answer to be found in a
large number of amendments to the
Federal Constitution. There are plen
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ty of liberal laws that can be written
within the Constitution, and laws
that would be upheld by the present
Supreme Court. The ingenuity of
the draftsmen has by no means been
exhausted by a single attempt in
, each field: also the New Deal has a
I better knowledge of the points in its
own program than it had four years
ago.
All government is a process of grad
: ual adjustment of viewpoints, but the
s break-up through the court fight of
: an era of good feeling such as began
with the last election has impeded
the processes of adjustment. In that
respect the Supreme Court controversy
has done much harm, though, to be
sure, in awakening an interest in the
meaning of the Constitution and the
method of its interpretation tangible
benefits to the cause of constitutional
government may be foreseen, irrespec
tive of the outcome of the present
effort to increase the size of the Su
preme Court.
(Copyright. 1S37.)
CTHE 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.
Clarifying the Issue
Plan for Voluntary Retirement of Justices Bears
No Link to Roosevelt Proposal.
BY MARK SULLIVAN.
THE Senate is discussing this
weel^ a bill having to do with
retirement of Supreme Court
justices. Because the bill has
to do with this subject, it is going to
be misinterpreted. It is going to be
misinterpreted as having a relation
to the President's
plan for appoint
ing six new Jus
tices of the Su
preme Court.
For the sake of
clarity, it is most
necessary that
the public should
understand that
there is no rela
tion whatever be
tween the bill
now under dis
cussion by the
Senate and the
President’s plan.
The two are as
Mark Sullivan.
different as voluntary is different
from compulsory. Between the two
there is no faintest relation whatever,
except coincidence in time.
Nevertheless, later on this coinci
dence in time is going to have a mate
rial effect on the course of events.
After the bill now in the Senate has
been enacted, as it probably will be,
the President's proposal will have a
different status and will look different
to the country.
A good way to achieve clarity is to
tell briefly the history of the bill now
in the Senate.
For many years, ever since 1869,
there has been a law providing that
if a Supreme Court Justice is over 70.
and has served 10 years, he can resign
and receive full pay for life. Under
this law the late Justice Oliver Wen
dell Holmes resigned in 1932, and for
a time received full pay. which was
$20,000 a year. In 1933, however.
Congress passed the emergency “econ
omy act,” which provided that no
pension should be over $10,000 a year.
Justice Holmes' pension was there
upon reduced to that amount so long
as the economy act was in effect.
Bill Carefully Written.
It was felt that this should not be,
that a justice who resigns expecting
full pay should not later find his pen
sion reduced to half. It was felt that
justices (over 70. and having served
10 years) who leave the bench should
be guaranteed full pay for life, with
out risk of having the amount reduced
by some future Congress. To achieve
this, a bill was very carefully written.
It is the same bill that is now in the
Senate. It was first introduced about
two years ago. It was introduced
merely because it was believed to be
a good measure.
When the bill was before Congress
two years ago it was defeated (on
March 6. 1935). It was defeated, to
some extent, by a sense of delicacy—
possibly unnecessary delicacy-^-on the
part of members of Congress. It was
defeated because many members felt
that the passage of such an act might
be construed as a kind of hint to cer
tain elderly justices that they ahould
retire. This argument against the
bill did not appear in the debates;
but it was spoken of quietly among
members and it was strong enough
to defeat the measure. The argument,
as Representative Michener says,
I ••whispered'-—the word whisper being
used not in an odious sense, but in
! the sense of practicing quiet decency.
I Congressmen felt that passing the bill
1 would seem like saying to the elderly
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CONNECTICUT AVENUE AND L
justices: "Must you go? Here’s your
hat; don’t forget your cane.”
i Observe, by the way, that Congress
two years ago was unwilling to do
quietly, by hint, what President Roose
velt today publicly demands shall be
done by coercion. From this, can
there be any doubt that Congress, if
left to Itself, If not under pressure
from the President, would never pass
the President’s proposal?)
Although the bill giving justices the
privilege of voluntarily retiring at full
pay was defeated two years ago, It
was reintroduced early in the present
Congress. It was reintroduced in
complete good faith, in the conviction
that it was a good thing to do. It
was reintroduced wholly without re
gard to the President's proposal, and
weeks before the President made his
proposal. It was reintroduced by the
chairman of the Judiciary Committee,
Sumners of Texas, a member utterly
free from suspicion ol deviousness.
The bill was sent to the House Com
mittee on Judiciary. It was in that
committee, following the normal rou
tine, when, on February 5, the Presi
dent made his sensational proposal for
what amounted to compulsory retire
ment of justices over 70.
Suspicions Unfounded.
1 Because of the coincidence, the vol
untary retirement bill fell under sus
picion. The suspicion was unfounded.
Of the voluntary retirement bill, it is
true to say, in the words of Representa
tive Celler of New York, that it is
"simply an optional retirement bill;
there is no coercion; there is no com
1 pulsion about it; there is no attempt
to bludgeon oi blackjack the judges
i into retirement; they can take it or
! leave it; there is no hidden trick in
| this bill; we have employed no hidden
| strategy; it is a clear-cut measure;
ther^ 1s no deliberate attempt to 'put
1 over' anything."
| The voluntary retirement bill was
! passed by the House February 10, is
| now before the Senate, and presum
ably will pass and become law.
I have emphasised that this bill for
voluntary retirement has no faintest
relation to the President's proposal for
what amounts to compulsory retire
ment. It has no relation except mere
j ly that of coincidence in tune.
To Affect Arguments.
Yet. just because of this coincidence
I in time, the passage of the bill now
1 pending will have a marked effect—
upon the President’s proposal and in
all respects. The President's proposal
| will take on a new' status, not now
, foreseen. And the arguments for and
against the President's proposal will
be modified in a way not now foreseen.
Among other effects, friends of the
! President’s proposal will say that be
| cause some justices can voluntarily
j retire with full pay, therefore they
! ought to retire. It will be said that
j if they don’t retire voluntarily, there
, fore the President's measure for what
| amounts to compulsion should be
. passed. These arguments will be spe
cious, but they will be made.
(Copyright. 1937.)
We, the People
Foes of Roosevelt’s Judicial Plan Seem to Have Out
smarted Themselves by Attitude Toward Child Labor.
BY JAY FRANKLIN.
The foes of Mr. Roosevelt's judicial jiu-jitsu plan seem to have out
smarted themselves by their attitude toward the child labor amendment.
This amendment was drafted by such radicals as George Wharton
Pepper of Pennsylvania, Thomas J. Walsh of Montana and 6am Shortridge
of California. The draft was approved by such "reds" as Sam Gompers,
Newton Baker, Roscoe Pound and Father Ryan. It was recommended to
the States by a Republican Congress under a Republican President. 13
years ago, and was recently and very courageously indorsed by ex-President
Herbert Hoover.
No man or woman of sense or standing has ever expressed himself as
favoring commercialized child labor in an America where millions of able
bodied men and women are unable to find work at a living wage.
The smart thing for the "economic royalists” to do at this point
in our political history would be to let the child labor amendment
go through with a rush and point to it as “the American way" of
changing the Constitution.
Instead, we find them persuading the South Dakota Legislature to
reject the amendment on the ground that it would give Congress the
power to prevent farm children from helping with the chores!
We find them waging a battle royal against the amendment in the
Lower House of both'the New York and Kansas State Legislatures. We
find that, after 13 years, they have held ratifications down to 27 States
and that % is quite doubtful that
the remaining nine States needed
to bring it into force will adopt it
this year.
* * * *
Who are "they"? Who are
the people who have blocked this
simple reform? Proud leader in
the fight for child labor is an
organization called "The Sentinels
of the Republic.” organized in 1922
by the late Louis A. Coolidge, a
Massachusetts manufacturer. The “Sentinels" are now chiefly financed in
Philadelphia, through a certain Mr. Raymond Pitcairn. The organization
distinguished itself in the fight to repeal the Sheppard-Towner maternity
act, the battle against the “pink-slip" Income tax requirement, the struggle
against the creation of a Juvenile Court for the District of Columbia and
has opposed the child labor amendment from the start.
Its income leaped from $6,000 a year to $95,000 in 1935. while for the
first three and a half months of 1936 it got $73,500 in contributions.
Testimony before Senator Black’s lobby investigation last Spring dis
closed that ' Sentinels of the Republic” had tried to get big-time support
from the Liberty League group and from Mr. William Randolph Hearn
and was responsible for circulating an animated cartoon film. “The
Amateur Fire Brigade.” caricaturing President Roosevelt and the New Deal.
When last sighted by the Black Committee the 'Sentinels”
seemed to be headed for the well-heeled campaign to elect Got'. Lon
don to the presidency of the United States.
* * A
Who are these “Sentinels of
the Republic?” There are not
quite three thousand of them
scattered throughout the country,
but they have received the neces
sary contingent of iron men from
the following gentlemen, accord
ing to Mr. David Frederick Sibley
of Boston, assistant secretary of
the organization, testifying under
oath with the books of the outfit
before him:
Mr. Alfred P, Sloan, jr, of General Motors.
Mr. Raymond Pitcairn, deeply interested in Pittsburgh Plate Glass.
Mr. J. Howard Pew of the Sun Oil Co.
Mr. Edward T. Stotesbury* partner in J. P. Morgan & Co.
Mr. Nicholas J. Robsevelt.
Mr. George Wharton Pepper, who as Senator helped draft the child
labor amendment,
Mr. Irenee A. du Pont, etc, etc.
It is conceded that these gentlemen have a constitutional right to
agitate and organize for or against any piece of legislation they please
The point here is that these men represent the sam old gang which has
been fighting the popular movement now led by President Roosevelt for
years, and that they are fighting his present court proposals.
However, it would seem that the method they have adopted is foolish
strategy, for by making the passage of this one amendment so slow and
difiieult they have given the President his most effective argument when
jittery politicians urge that a general New Deal amendment to the Federal
Constitution be submitted to the States.
The success of the 'Sentinels of the Republic” and of the self
appointed ‘‘National Committee for the Protection of Child, Family.
School and Church” in blocking one simple reform for 13 years leads the
New Dealers to conclude that the only effective way to assure the people
of an early legal sanction for their program is to "pack,” “unpack” or
''repack” the Supreme Court of the United States.
I (Copyritht, 1937.1 1
An American
You Should
Know
Morris Cooke Carries
Electric Aladdin Lamp
Into Farm Lands.
RS' DELIA PYNCHON*.
Thousands of good citaens
live on farms. Thousand*
still let the sun beat on the
old tin wash tubs so that
Saturday baths shall be bearable.
Thousands use kerosene lamps. What's
the answer to this picture? Elec
tricity.
Morris Cooke
The man who
has electrified
the farms Is
Morris Cooke, ad
ministrator, since
1935, of the Ru
ral Electrification
Aim inistration.
He Ignited the
spark. Now oth
ers may follow a
blazed trail.
Cooke knows
farms. As a boy
he spent much
time on his
g r a n d f a ther's
near Carlisle, Pa., where he was
born, one of eight children. A grad
uate of Lehigh University, his first
job was apprentice to a machinist,
which netted him $2 a week. Time
marched on to make him a famous
engineer. It brought many honor
able posts, which briefly include di
rector of public works, Philadelphia:
director of Pennsylvania power survey
and trustee. Power Authority, New
York, by appointment Gov. Roosevelt.
Cooke always has been a friend of the
President's. In Washington he live*
across Lafayette Park from the Whire
House. He often crosses the perk.
Now on vacation, a new Federal post
is rumored for Cooke.
A Humorous Diplomat.
Agelessness surrounds him. You
know he is a diplomat. You surmise
he is a politician in its best meaning,
as he knows when and where to say
things without losing his own integ
rity. He is obviously optimistic, and
once wrote an article entitled the
"High Cost of Blues." Humor and un
derstanding exude from him. He be
lieves so thoroughly in electrification
that he suggests an appropriate for
his tombstone should be He believed
in the rural bath room."
Rural electrification purposes funda
mentally to bring light and power to
lighten farm labor The Government
loans money to qualified groups or to
public utilities to build and operate
lines. There must be 150 customers
with 50 miles of proposed line before
a loan is approved. Non-profit co
operatives are favored. The plan is
definitely contagious.
Modern Aladdin's Lamp.
Without doubt, electricity is the
Aladdin's lamp of rural life. It grinds
com. pumps water, milks cows. It
brings refrigerators, bath rooms, wash
ing machines, radios and oodles of
labor-saving gadgets.
An Oklahoma fanner reports that
he has been fooling the hens by light
ing the poultry house before the sun
comes up mornings. The hens oblig
ingly have laid enough extra eggs to
pay the fanner's electric bill many
times over.
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