Evening star. [volume], March 01, 1937, Page A-11, Image 11

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

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Size of Courts
Limited
38 States
Constitutions Fix Num
ber, Leaving Power in
Hands of People.
BY DAVID LAWRENCE.
AN EXAMINATION of the con
stitutions of the 48 States re
veals that 38 of them specific
ally reserve to the people the
right to fix the size of the Supreme
Courts of their respective States.
This is done by placing in the State
constitutions the
exact limit of the
size of the court.
In only 10 States
is there an ab
sence of limita
tion. So, in more
than three
fourths of the
States of the
Union, the Legis
latures may not
enlarge or dimin
ish the size of the
highest tribunal.
As a matter of
fact, the Federal n,Tid
Constitution does
not empower Congress or the Presi
dent to fix the size of the Supreme
Court. The right to change the size
of the Supreme Court was assumed
by Congress in 1789 and has never
been challenged. This is largely due
to the fact that the changes in the
size of the Supreme Court have never
before been directly related to the
character or quality of the decisions.
While the Roosevelt administration, a
fortnight ago, gave congestion of court
business as the reason for the desired
increase to 15 justices, this has now
been brushed aside as the primary
purpose and there is no longer any
hesitancy here to acknowledge that
the reason for changing the size of
the Supreme Court is to get rid of
certain of the present judges.
Said Gov. Phil L* Follette of Wis
consin last Saturday night, speaking
on the radio in favor of Mr. Roose
velt's plan:
•'Of course, the President's pro
posal will affect the decisions of the
court. It is intended to do exactly
that."
i ummings linens on Decisions.
Attorney General Cummings also
dwelt at length on the character of
the present Supreme Court's decisions
in his recent speech advocating en
largement of the Supreme Court.
In view of these aspects, one out
come of the present controversy, even
if Mr. Roosevelt should win. may be
an agitation for a proposal to amend
the Federal Constitution so that the
number of justices of the Supreme
Court shall be definitely fixed and not
lpft hereafter to the President or the
Congress.
On this point, the United States
News telegraphed to the chief justices
of various State Supreme Courts to
obtain a symposium of views on the
question of whether Congress or the
people through the Constitution should
fix the size of the Supreme Court of
the United States.
From Chief Justice Charles A. Goss.
Supreme Court of Nebraska, tame this
answer:
■'Inasmuch as the Federal Consti
tution does not fix the number of
justices of the Supreme Court of the
United States, and does not specific
ally grant the Congress the right to
determine the number. I would favor
an amendment to the Constitution,
fixing the number at nine.
Holds Number Adequate.
‘'First, because that number has
been found to be adequate, and. sec
ond, because fixgd determination of
the number would largely remove
from controversy an element that
makes for political and social unrest.
Our State constitution first fixed the
State Supreme Court at three. It
was later amended to seven. It
works well. When exigencies de
manded there was no difficulty in se
curing an amendment.”
From Chief Justice William H.
Waste of the Supreme Court of Cali
fornia came this answer:
“In my opinion, the number of ,
justices of the Supreme Court of
the United States should be definitely
fixed by constitutional amendment
adopted by the people in the ordi- j
nary course and not be determined |
by an act of Congress. In many, I |
believe, of the States, the people by j
constitutional provision fix the num- '
ber of members of their courts of
lasr, resort.”
From Chief Justice William H. Fol
News Behind the News
Beaten Path Across Atlantic May Produce Inter
national Agreement Rabbit From Hat.
BY PAUL MALLON.
JUDGING from the way British and French financial and naval au
thorities are running over here on "purely personal trips,” something
big seems to be up in foreign affairs.
First rame the British trade master, Rtinciiran, then the French
financial wizard. Bonnet, now the British naval expert,, Sir Robert Cralgie,
and later President Roosevelt's only ambassadorial intimate. Bill Bullitt,
from Paris.
No one is expected to believe the official excuse that these leaders
of thought are u'earing a path across the Atlantic for "purely
personal" reasons. Furthermore, the ease with which Mr. Roosevelt
pulled his court rabbit out of the hat without disclosing more than
an ear of it beforehand has caused the wary here to expect anything
at any time.
* * * *
Despite all the rumors and suspicions now current, however, it is
probable that the coming of these key men may not immediately engender
another rabbit. A long period of incubation u In prospect. At least the
powers-that-be offer the following
plausible inside explanation of the
| mysterious goings-on, and it sounds
! very logical:
The day of international con
! ferencing is over, for the time being,
at any rate. No nation or group
of nations will dare to sponsor a
world economic or disarmament
gathering as long as what hap
pened at the last ones is still fresh
in world memory.
nrilp .
: ut-NCV
)
HtUO'TW*
t.LAI’ YOU
\pl?C PPEU
)
There will, therefore, be no disarmament conference and no economic
conference this year. You may slip this under your hat as absolutely
certain—they say.
What is needed now is the renewal of friendliness and trust among
international statesmen. It must be put on a personal basis. It must be
Frank.” “Bob," “Bill” and "Walter," or as near to an intimate acquaint
anceship and knowledge of each other's personalities as unbending officials
can get. There must be a knowledge of each other’s viewpoints and ob
jectives, without which no conference can be successful. There should be
trade agreements, monetary understandings, etc., not on a broad world
scale, but “man to man" and "group by group.”
This is u hat State Secretary Hull meant in his New York speech
when he minted the world to take a cue from the friendly relations
developed in this hemisphere at the recent Pan-American conference.
One thing which all personal visitors will find out, if they have not
already, is that the United States is not going to finance world recovery
the way it financed the war.
Loans to Europeans are out of the question, not particularly because
of the Johnson act. but because the administration does not like the idea
in any shape or form. This, they say, is also just as certain and un
changeable as if Mr. Roosevelt had announced it himself.
The inside crowd here believes the lending of money abroad would
accomplish the same effect as pouring it down a sewer. The credit of most
European nations does not justify loans, and the disarmament program
of the others indicates they are just trying to hock their national honor to
buy more guns.
a a a a
Hamlet never smiles. Neither does his labor counterpart, John L.
Lewis. But if Lewis could smile he would have when he continued to
| u 4,;au.-.t insist of late that he is against
lr«r, cm stkivC”' strikes, and particularly against
/jfZjf. J \ rrAAV the coming coal strike. At least
dJC f y/ ^ there seemed to be a revealing
,^ Tfjtx i V "e glint in his eye each time he spoke.
‘ ’’A V ■" The truth is. every worthwhile
authority here is just as sure there
will be a coal strike as he is that
people do not use much coal in
Summer. The two facts are re
lated.
Some of the operators have come
to call the biennial or quadriennial walkout a “vacation." Unfortunately
the contract expires April 1. this year, and the bass season will not then be
open. But they see little prospect that the strike will be delayed until
fishing is good.
Most labor authorities also privately consider a strike to be
inevitable.
* * * *
Senate Leader Robinson fre. .ently takes walks around the Capitol
grounds early in the morning, before most other Senators are on the job.
Senator Jimmy Byrnes, who also lives nearby, has been meeting him on
the street corners lately. There several important impromptu court con
ferences have been held.
'Copyright, 19:17.)
land of the State Supreme Court of
Utah came this answer:
“The Supreme Court of the United
States should be an entirely inde
pendent tribunal, not subject to in
fluence or control by the Executive
or the Congress. To attain this end.
it might be better if the number of
justices were fixed by constitutional
amendment rather than leaving the
power with the Congress to be used
by it in such manner or at such
time as to actually influence the court
decisions, or. what is as bad. to give
the impression that such is the case.”
Some Opposition.
Chief Justice Coleman of Nevada.
Chief Justice Blume of Wyoming and
Chief Justice Sands of Montana con
curred in the idea of a constitu
tional amendment to fix the size of
the Supreme Court: only Chief Jus
tice Anderson of Alabama and Chief
Justice Russell of Georgia declared
themselves as opposed to the idea,
though Chief Justice Rosenberry of
Wisconsin thought it might have
been done as an original proposition,
but was not necessary now’ because
he did not favor making a general
rule to cover particular cases.
Thus six of the nine chief justices
who replied to the questionnaire
definitely favored a constitutional
provision to fix the size of the Su
preme Court of the United States.
(Copyright. 193T.)
ESCAPED CONVICTS
HALTED BY GUNFIRE
Trio Fleeing With Taxicab Driver
as Hostage Captured at
Bloomfield, Mo.
By the Assoclat«d Press.
BLOOMFIELD, Mo.. March 1 —
Three fleeing convicts from Menard
Penitentiary at Chester. 111., holding
a taxicab driver as hostage, were
captured here yesterday, three hours
after they escaped from the prison
farm near Chester.
Sheriff Randal Eians and his two
deputies, Clyde Alexander and Clar
ence Capps, halted the convicts and
their prisoner with a burst of gunfire
in the public square. No one was
wounded. The felons overpowered
two guards in gaining their freedom,
the sheriff was informed.
The convicts, all trusties, are Mil
ton (Snake) Armstrong, 57, colored,
serving a life sentence for murder;
Lonnie Hawton. 30, serving one year
to life for armed robbery, and Harry
J. Creiston, 20, sentenced 1 to 10
years for burglary.
The kidnaped cab driver. Sherman
Martin, said Armstrong held a gun
at his back throughout the 120-mile
trip.
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Balph Hits, President • F. L. Andrews, Manager
CJ’HE opinions of the ivriters 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.
Freedom for Neutrality
Tied Hands of Uncle Sam Ineffective, but Action
Might Prove Telling.
BY DOROTHY THOMPSON.
IT IS, of course, utterly impossible
to lay down a hard and fast pro
gram for preventing world war,
but it is the thesis of this column
that should a war of world propor
tions occur, any neutrality legislation
which we may pass today cannot be
counted on to keep us out of it, and
will tie our hands,
limit our influ
ence and restrict
our power, which
now. in time of
peace, may be
used to help pre
vent such a war
from occurring.
If war comes it
will lie states
manship on the
spot and not
com pulsion on
the Government
to act in any
rigid way which Doroth, Thompson.
will keep us out
of it. We could, to be sure, frame an
almost sure and foolproof neutrality
policy. If we decided that we did not
care what happened in the rest of the
world, and were determined to re
strict our political, military and eco
nomic interests to this hemisphere
we could do so. But no one has even
suggested that we prepare to pay the
prodigious price involved.
The neutrality bill thinks of us
wholly as sellers, and not as buyers,
In world trade. But large sections of
American industry depend upon im
ported materials. The President, un
der the neutrality bill, is compelled, ;
under certain conditions, to keep our
ships out of war zones. Suppose there
is a war involving Japan and Eng- :
land, and Japan manages to block
ade British an i Dutch possessions in
the Par East, which are the chief
source of our rubber supply. Without
rubber our automobile industry col
lapses. Will we stand by in such a
case?
Positive. Not Negative, Proposals.
American naval policy is certainly
not confined to thp defense of the
American coast. Mr. Cordell Hull's
policy is certainly not predicated by
our withdrawal from world trade, but
by precisely the opposite. And Mr.
Hull is consistent To the members
of the Council on Foreign Relations
he said Thursday night that ‘it is
not beyond the power of statesmen
today to check and reverse the drift
toward world anarchy,” and he sug- ;
gested the principles laid down at ,
the Buenos Aires conference as a
basis for ending this anarchy. That
means "the loyal acceptance by na
tions of the rule of law, guarantees
for the integrity of each and imple
menting renunciation of war by
methods of instantaneous co-operative
action.” These are positive and not
negative proposals.
As far as the Americans are con
cerned. this country has already en
tered upon a scheme for collective
consultation and collective action in
case a war threatens or breaks out i
on this hemisphere. But the pro
posed neutrality bills may possibly
wreck even the results of the Buenos j
Airs Conference and even any scheme
for collaborative action between the
Americas. For, although both the
House and Senate bills exempt the
American republics from the arms
and other embargoes in case of war
between them and a non-American
power, they make an arms embargo
mandatory in case of war between two
American republics.
Should, for instance, war break
out between Argentina and Brazil,
we would be forced to stop war sup
plies immediately to either belliger
ent. England, Germany. France or
Italy, however, would be free to pro
vision either or both of them, so
that one or more European powers
might determine the result of a war
on thus hemisphere. Conceivably, the
result might be to turn an American !
j republic Into a new Spain, and all
that we could do would be to enforce
a blockade. And t{iat would almost
certainly mean war, possibly of In
ternational proportioas.
What of Recalcitrant?
Also, under the terms of the
Buenos Aires treaty, we would im
mediately enter into conference with
the belligerents and other American
powers. But we would enter that con
ference with our hands tied. Before
it started we would remove from our
representatives anything with which
they could bargain. If all the South
American republics should agree with
us upon one course of action, and
one should refuse to arbitrate, we
would be compelled to treat the re
calcitrant exactly like the rest. An
emasculated State Department could
do little more to compel arbitration
than to speak noble words.
This country is not prepared to
offer collaboration in the enforcing of
peace upon the whole world. But
then let us at least keep our heads
clear, our tongues uncommitted and
! our hands free for whatever emer
| gency may arise in this anarchic
world. Legislation which compels the I
Government to act in any rigid way I
to meet circumstances as yet com- !
pletcly unpredictable will, I am con
vinced, one day rise up to plague us.
(Copyright, 1»37.)
*-•
POWER DEVELOPMENT
TO AID IDLE URGED
Wider Program to Provide Jobs
Proposed by Representative
Voorhis.
Increased public power development
as an Instrument of decreasing unem
ployment was urged before the League
for Industrial Democracy yesterday
by Representative Voorhis of Cali
fornia. addressing the final session of
the public power group here.
Such development, Voorhis said,
would make the Nation richer m
three ways: First, paying the cost of
work relief for part of the unem- |
ployed; second, by giving the people '
as a w hole' increased purchasing
power through cheapening of the tost
of one important commodity: third, J
through technological advance.
Utiiiisation of water resources in de
velopment of public power was urged
by Representative Boileau of Wiscon
sin as an important means of flood
control, while Prof. Carl Raushenbush
of New York University, stressing the
same flood-control value of power de
velopment, accused the private utility
interests of blocking this type of flood
prevention work.
As the conference adjourned a num
ber of resolution;. growing out of three
days' of discussion, were adopted,
among them condemnation' of the
power pooling plans advanced by the
private interests in the Tennessee Val
ley area.
POSTERS ON DISPLAY
Winning Airmail Designs Shown
at Post Office Department.
Winning airmail posters prepared by
school children of all grades in the
Bristol (Tenn.l public schools in a
contest conducted the postmaster of
the city, are on exhibition in the Post
Office Department Building.
Twenty posters are being shown out
of the several hundred entered in the
competition. They are being shown in
the fifth floor elevator lobby in front
of the office of Charles M. Graddjck,
superintendent of the airmail service,
room 5302.
Russia will build many moving pic
ture theaters next year.
This Changing World
Poles Have Precedent for Court Changes—Ballyhoo
and Bluff Continues in European Politics.
BY CONSTANTINE BROWN.
THE Poles have a constitution which should make President Roose
-'elt's mouth water. Not only can the President designate one of
the two candidates for succession to his office, but he can dismiss
without much ado the chief justice and the judges of Poland’s Su
preme Court. ,
The Poles have sent us during the revolutionary wars Kosciusko and
Pulaski, two valiant warriors. It would be interesting if in these days of
X TmhK Tnf V v t
/■-J
yCOMSMutlCM
social changes they would inspire
a constitutional change regarding
the Supreme Court.
It is amazing to the observers
of international diplomacy how
leaders in various countries have
not abandoned the game of bluff
and ballyhoo.
Last week the news came from
abroad that an arrangement had
been reached between the German
minorities in Czechoslovakia and
the German party. It looked as if the troubles of President Benes and
Premier Hodza were over.
There is nothing of the kind. The agreement reached in Prague
concerns a small portion of the Germans whose leaders have been
bribed to enter the cabinet. The followers of these two cabinet
ministers do not form 10 per cent of the German population in the
Central European republic. Hinlein, the nationalist leader who has
been dined and wined in Berlin during last Summer's Olympic games,
is not a party to it. and the agreement has not met with the approval
of the government in Berlin—quite the contrary.
When Hinlein was asked what he thought about the agreement he
said that he could see no advantage to the German minorities in it. He.
himself, he stated, was not a partisan of drastic measures. But his follow
ers are getting rapidly out of hand, and unless something constructive
was done by the Prague government in the near future there may be
trouble soon in that country'.
There is a good deal of speculation in diplomatic quarters as to when
Internal trouble might begin. The guess is that it might start during the
coronation festivities in London. The Czech Germans do not see why
the British alone should have a good time.
When the trouble begins, it is expected—unless the Czechoslovak
government shows a good deal of wisdom—that it will be a repetition of
"hat is happening in Spain now. Probably less cruel and bloody because
the people of Czechoslovakia are less ferocious than the Spaniards.
But we may easily expect the usual talk about communism, unbearable
oppression and all the other complications which accompany interna! strife
these days.
* * * *
Great Britain is spending billions on armament, but the recruiting of
soldiers to man the new war engines is painfully slow.
In a country where there are more than 1.000.000 unemployed,
only 7,000 men have answered the call of the War Department for
enlistment. In order to attract more men, the requirements as
to the height and the physical aptitude of the new recruits hare
been made less stringent. Furthermore, the posters made by imagi
native artists show to the future British soldiers what a grand life
he will have by accepting "the King's shilling "
They tell those who have doubts about their ability to make a living
in any other walk of life to enlist ' on approval." That means that the
individual wno consents to don the
King's coat undertakes to serve six
months. At the expiration of that
term if he finds that he does not
like military life, he can get out.
The only thing that is required of
him is to undergo a period of in
struction of 14 days during the
next five years.
The war department is at a
loss as to how to get more men into
the army. But the greater the in
| Join nov|
aucements are. the more remunerative the pay is, the fewer are the ap
plicants in the recruiting stations.
* * * *
Pessimists in Paris and in London fully expect Herr Hitler to
ask the former allies to return Germany the billions she has paid
them in reparations. They base their theory on the fact that the
reparations mere paid by Germany because she accepted the respon
sibility of having started the last mar. Hitler has done away with
that with a stroke of the pen ior of the voice in the present case-.
Since Germany has refuted the war guilt admission signed by her
previous rulers, the payments made to the allies were illegal and
taken under false pretenses. Whether Hitler has so much sense of
humor as to raise this question when his trick box becomes empty
is a matter which we shall see m the future.
Rumania has gone a step ahead of any other country regarding uni
forms. The authorities in the town of Arad have just passed a city
ordinance providing the registered beggars with a special uniform.
The ordinance has a two-fold scope: It prevents the public from being
molested by any other but the registered beggars and also provides them
with clothing, thus doing away with the unpleasant rags which they wear
on the street.
DR. WILBER DAILEY DIES
President’s Personal Dentist 25
Years Also Was Painter.
NEW YORK. March 1 OP—Dr,
Wilber M. Dailey, personal dentist to
President and Mrs. Roosevelt for 25
years, died Saturday night at his home
here. Born in Athen. N. Y., 68 years
ago, he was a graduate of New York
University.
Dr. Dailey devoted much of his non
professional time to landscape paint
ing. and many of his northern New
York studies received the approval of
critics. He was a member of the Sons
of the American Revolution..
His widow, the former Cora I.
Fletcher, and a son, Wilber M. Dailey,
jr.. survive.
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Headline Folk
and What
They Do
Recall of Gen. Diohara
May Ease Sino«
Japanese Relations.
BY LEMUEL F. PARTON.
JAPAN'S recall of Lieut. Gen.
Kenji Doihara, chubby, hawk
eyed little ‘'Lawrence of Man
churia," is regarded by knowing
persons as the most convincing evi
dence to date of an entire new deal
in Sino-Japanese relations. For neiA
ly 20 years the ubiquitous general has
oren a urom in
the paw of the
Chinese lion, and
if the new pre
mier ha* extract
ed it. things
ought to be quiet
er on the Asiatic
front.
One thing China
holds against the
general is the fact
—it is generally
held belief, at
any rate — that
he snatched their
g*„. Kenji n«.h,r,. Emperor,
Henry Pu Yi, to
head the new synthetic State of Man
ehukuo. But kidnaping their Em
peror is just one item in the fat
Chinese dossier of the general's tact
less doings As the spearhead of Jap
anese penetration on the mainland, he
lias been deep in intrigue for many
years, stirring mysterious demands for
•'autonomy” wherever he goes.
He has functioned as the principal
military intelligence officer of the Jap
anese Army in China. He seemed to
be everywhere in China at once, fre
quently in native dress, speaking Chi
nese perfectly, always leaving trouble
and dissension In his wake. He was
a master of puppetry, manipulating
multitudes of dissident Chmese war
lords with invisible strings.
He went underground about 22 years
ago when he became a military at
i tache at Peiping He won his spurs
by a masterfully adroit bit of strategy
■ during the Chinese Rebellion, when he
whispered a bunch of the Anfu war
lords into furious assaults on each
other. His power and dominion grew
until 1935. when he came to the sur
i face and began to talk. It was then
that the Chinese began to call him
“Ta-hua Wu-shih." which means,
roughly, "much talk and not much
happening " During the last year his
remarks have been particularly pro
vocative.
Representative Alfred N. Phillips, jr.,
of Connecticut puts in a bill to rope
and hog-tie the newspapers. He would
restrain their freedom to criticize
"any United States official.”
When Mr. Phillips was elected Mayor
of Stamford, Conn . at the age of 28,
he said:
"I don't believe it is my job to
tell the people what they ought to
have. The people don't want rulers.
They don't want to be governed by
some high and mighty committee
who are certain in those 'best minds'
of theirs that they know just what
is good for the people and what isn’t.
Government by the heart is rather
more important, if anything, than
government by the head.”
What SHE TOLD
WORN-OUT HUSBAND
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hundreds of women prove it's over 20^
milder than many so-called “beauty soaps"
and baby soaps ... And Litebuoy removes
germs as well as dirt from the hands!
Approved by
Good Houstkttping Burts u
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BEARD'5 TOO TOU6 H- )
TO SHAVE/
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\ TRY LIFEBUOYS <
XtEXTRA-MOIST I
N~7 LATHER r
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This extra-moist lather gives
dean, soothing shaves
SHAVING a tough beard every
day may be hard oti tender
skin but — not with Lifebuoy
Shaving Cream. Lifebuoy lather
holds more moisture. It stays
moist all through the shave.
Soaks wiry whiskers soft—easy
to shave close and clean. Soothes
tender skin, too. Try it.
UFEBUOY SHAVING CREAM