Evening star. [volume], March 05, 1937, Page A-11, Image 11

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

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Court Proposal
Put on Basis
of Crisis
Appeal by Roosevelt
Held Answered by
Tribunal in 1866.
BY DAVID LAWRENCE.
PRESIDENT ROOSEVELT has
appealed to the Nation in effect
to give him the powers of a
benevolent dictatorship. His
radio speech means that he does not
believe either the Constitution or the
Supreme Court should stand in the
way of a free use
of all govern
mental power by
a one-man gov
ernment it the
purpose Is de
signed to benefit
the average man.
Mr. Roosevelt's
Underlying phil
osophy is not new
In the annals of
government the
world over, but it
is decidedly novel
coming from a
President of the
United States.
David Lawrence.
Whether one agrees witn tne presi
dent's concept of his duty, the Impor
tant fact is that fortified by an enor
mous majority in the last election he
considers that he has the right to
brush aside constitutional precedent
and demand a Supreme Court which
must virtually collaborate in the po
litical management of the national
Government.
Mr. Roosevelt's argument is that a
great crisis prevails and that there
isn't time for the normal processes of
democracy. This will come as a big
lurprise to many people who were led
to believe in the last campaign that
recovery was well under way and that
most of the acute problems «-f the
Nation had been solved or were on
their way toward solution.
Old Argument Revised.
Again and again in American his
tory the argument has been made that
In a crisis the Constitution is sus
pended but it has never been accepted
as valid in a government of laws. The
Supreme Court in 1866 in ruling on
an act of President Lincoln said:
“No doctrine involving more per
nicious consequences was ever invented
by the wit of man than that any of
the Constitution’s provisions can be
suspended during any of the great
exigencies of Government. Such a
doctrine leads directly to anarchy or
despotism—the theory of necessity on
which it is based is false.
“The Constitution of the United
States is a law for rulers and people,
equally in war and In peace, and cov
ers with the shield of its protection all
classes of men, in all times and under
all circumstances.”
The foregoing is the shortest answer
that can be made to the President's
speech by those who believe m a
government of laws, a government
based on a written charter and not
the discretionary powers of a one-man
ruler.
Overlooks Precedent.
Mr. Roosevelt, on the other hand,
Is leaning more and more to the theory
that as long as he Is President no
harm can come from extending to him
extra-constitutional powers. What he
overlooks, it will be insisted by op
ponents, is that precedents created now
Will be used by others.
How can the Nation be assured
against the return of “political pup
pets of an economic autocracy?”
May Provoke Activity.
This question now will be asked
with much more point than if Mr.
Roosevelt had not raised the question
of a third term at all. As a matter of
fact, he has not Issued the only ex
plicit statement that ever keeps third
term talk down—namely, that under
no circumstances would a third nom
ination be accepted if tendered.
There was no necessity up till now
for Mr. Roosevelt to make such a
statement, but the peculiar wording of
his reference to 1940 and the condi
tions which he feels should exist at
the time may stir up a good deal of
political activity by his henchmen of
the various political organizations to
draft him for a third term in the event
that his program has not been ful
filled.
Mr. Roosevelt’s radio appeal will
have a number of effects. It will
arouse new sources of opposition
among liberals as well as conservatives.
It will bring to a head the question of
a controlled versus an uncontrolled
Supreme Court. It will define the is
sue as one of changing justices to get
a changed verdict—a principle that
has not been typical of democracy or
sportsmanship heretofore.
The President speaks of the votes of
the 27,000,000 as ample support for his
course. He also speaks of the tragic
era that preceded the outbreak of Civil
War in 1861. The parallel is signifi
cant. What brought on the Civil War
was a difference of opinion on the
meaning of one aspect of the Consti
tution.
Protects Minorities.
Essentially a constitution is intended
to protect minorities against the ex
cesses of temporary majorities. The
last election did not mean that 27,
000,000 voted to trample upon the
rights of 16,000,000. If it did, then
America may face a greater crisis
some day as right after right is taken
from the minorities. World history
shows that revolutions and civil wars
are rarely begun by majorities, but
usually by minorities who have been
goaded to action by the loss of what
they oonsider fundamental constitu
tional rights. Mr. Roosevelt probably
would be more surprised than anybody
In America at such an ultimate result
In American history of his present
course.
It Is, however, out of chaotic con
ditions produced by the breakdown
of controlled economy and by the
suspension of constitutional guarantees
that fascism comes. For this reason,
with all due respect to Mr. Roosevelt’s
confidence in his own project, he will
find In the next few weeks that there
are many persons who believe a sub
stantial program of social reform de
signed to Improve the lot of the com
mon man can be written within the
Constitution, or that if necessary the
Constitution can be amended In the
way provided by the document itself.
The President’s radio speech will
grouse to his side millions who have
not been familiar with the implica
tions of one-man government and a
suspension of constitutional govern
ment, but it will also arouse millions
more who fully understand the na
ture of the present crisis in constitu
tional government which Mr. Roose
velt has precipitated ip his anxiety
to take a short cut around the Con
stitution.
(Ceprrtibt. 1087 J
News Behind the News
Passage of Retirement Law Bars Congress Members
From Appointment.
BY PAUL MALLON.
A SUPREME COURT justice was having dinner at the home of a friend
a few hours after the Senate had passed the new Supreme Court
judges’ retirement law. The Justice was in the customary uncom
municative mood required by his position, but observed onee, with
more than casual emphasis:
"I wonder whether the Senators really know what they did today. ’
This puzzled his hearer, who did not feel free to ask further explana
tion. Wondering about It later the guest recalled that there Is a constitu
tional provision which reads:
“No Senator or Representative shall, during the time for which
he was elected, be appointed to any civil office . . . the emoluments
whereof shall have been increased during such time."
Translated Into curbstone English, this means every present member
of Congress has barred himself from the Supreme Court bench under the
proposed reorganization by voting full pay retirement for the justices. It
hits all the legislators whose names have been mentioned for appointment.
Senate Leader Robinson. Minton, Norris and the others who voted for the
retirement pay law, as well as Sen
ator Hiram Johnson, who voted
against it, and 8enator Wagner,
who was absent.
It also hits all members of the
House, but none of them had much
chance of getting a Supreme Court
job anyway.
The knowing surmise from the
latest decision of the Supreme Court '
that there Is no disposition for sur- :
render within it.
The gold clause decision really did not amount to anything. The same
point had been decided in previous decisions, also by a margin of 5 to 4.
What they said in the decision was therefore immaterial, but the way they
said it seems to be highly significant.
In the ordinary course of procedure the court could have issued a very
brief per curiam decision (for the court as a whole), merely stating the
decision was affirmed on the authority of the earlier famous gold cases. If
this had been done an appearance of unanimity would have prevailed and
the insignificance of the issue would have been attested.
But the justices chose to meet the issue again headlong, thus
calling wider attention to their support of the new order in this
most important of all its policies.
Note—The court could also dispose of the pending Washington min
imum wage law for women per curiam, because that Issue also was decided
last session. The New York law was then held invalid by 5 to 4. Some
authorities expect another 5-to-4 decision now in the Washington case,
although the justices seemed to indicate they all thought the law was in
valid under the previous court decision when they questioned counsel dur
ing recent arguments.
* * * *
How President Roosevelt happened to recommend a sugar tax In
violation of his reciprocal Cuban trade treaty is hard to understand.
The explanation current on the inside is that the President's recom
mendations to Congress were drawn by Agriculture Secretary Wallace
and his experts. Unbeknown to State Secretary Hull and his experts. Mr.
Roosevelt, they say, sent the message along to Congress without letting Mr.
Hull see it.
This is probably what happened, but it is hardly a compliment to
the efficiency which is supposed to prevail v hin the new or.der. It would
be easier for admirers of Mr. Wallace's thoroughness to believe the mis
take was not made so carelessly.
If Mr. Hull had been consulted ahead of time, he could have
protested vigorously and perhaps successfully against the course
Wallace wanted to follow. As it is, all he can do is to negotiate with
Cuba for a change in the treaty which will permit Wallace’s plan to
stand.
Note—The violated treaty provision says no tax can be applied to
sugar which would make the tax greater than upon the day the treaty
was signed. The tax that day was 1 cent, and the proposed tax is .75
of a cent, but this Is to be added to the duty of .6 of a cent, thus making
the total new tax 1.35 cents.
* * * *
No one has raised the suggestion aloud, but the money men of the ad
ministration seemed to be worried that their gold sterilisation program may
i WONDER IF WE
CAN GIT BY THAT
^J0V?
not be legal.
The date for worry seems to be
rather late, as they have bought up
wards of $186,000,000 worth of In
coming foreign gold. They have used
money from the general treasury
fund and have Issued notes, not to
meet each gold purchase, but at odd
times when their general fund
needed replenishing. This increases
the Government debt. They have
———- injured out some legal nocus-pocus
whereby they are using their stabilization fund law, which is broad enough
to let them buy the Washington Monument or the Brooklyn Bridge if they
wanted to. Yet there seems to be some doubt in their minds.
Women from all over the country attended the dinner of the Women s
National Press Club. The most prominent guests were Introduced, re
quired to rise and face applause. Among them were Amelia Earhart, Doro
thy Thompson, etc. To the surprise of many, the guest who received the
most applause was Mrs. Charles Evans Hughes, wife of the Chief Justice.
(Copyright. 193T.) __
CTHE opinions of the writers on this page are their own, not
1 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 he contradictory among
themselves and directly opposed to The Star’s.
Amendment Is Only Enabling Act, Though Propa
gandists Wail.
BY DOROTHY THOMPSON.
IF THE Republican* have a grain
of political sagacity left. they, will
not oppose the •President’* judici
ary plan in the National Congress
and at the same time fail to uphold
the child labor amendment in the
States. For it is quite certain that no
settlement of the constitutional crisis
will be satisfactory to the people of
the country which is not broad enough
to allow congress
to regulate the
labor of minors.
It will be hard
convincingly to
advocate a consti
tutional amend
ment Instead of
the President's
plan to pack the
Supreme Court,
if this specific
amendment,
which has been
pending for many
years, and which
has the support
of leading mem
Dorottar Thompson.
bers of all parties and the Indorsement
of labor and women’s organisations,
fails to be ratified.
A vast amount of nonsense has been
talked about this amendment. It is
said that it gives the Federal Govern
ment the right to control, in the most
minute detail, the education and home
life, school and playtime activities of
all young persons in the United States
under 18 years of age. “The National
Committee for the Protection of Child,
Family, School and Church” is putting
out propaganda, all of it misleading
and some of it vicious, picturing chil
dren in Fascist uniforms and suggest
ing that the ratification of the child
labor amendment means the total reg
imentation of youth.
The distinguished Nicholas Murray
Butler is also terrified that the amend
ment will mean general regimentation
of youth, and if the amendment is de
feated In New York State it will be
largely due to pressure brought b7
Catholic churchmen, the American
Manufacturers’ Association and the
New York State Economic Council.
Means What People Mean.
Now, the national child labor
amendment will mean In law exactly
what the people of the United States,
through their elected representatives,
from North and South, Catholic and
Protestant, intend that it shall mean.
The child labor amendment does not
pass a law. It is an enabling act, sim
ply that and nothing more. It gives
Congress the power to “limit, regulate
and prohibit the labor of persons un
der 18 years of age.”
There are plenty of court opinions
on the meaning of "labor.” and none
of them covers home chores or learn
ing in school. There is not an Instance
in history where “labor” has been in
terpreted to mean "education.”
Educational freedom is also protect
ed by constitutional principles which
have been supported by at least two
Supreme Court opinions. An Oregon
law requiring all children to attend the
public schools was challenged by the
Catholics and the law was reversed oy
the Supreme Court, which also re
versed a Nebraska law forbidding the
teaching of anything but English in
the elementary school*, congress can
not regulate education and parental
conduct under the Constitution, and
this amendment does not give them
that right.
A Federal child labor law was ac
tually once in force in this country
for three years, with none of the
dire consequences predicted by the
opponents of the amendment. That
law was passed in 1919, and operated
until 1932, when it was reversed by
the Supreme Court. That law was
based on the taxing power of Con
gress, after a previous law passed in
1916 and based on the Interstate
Commerce power had been declared
unconstitutional, with Justice Holmes,
representing the four dissenters, de
livering one of his more famous opin
ions. That child labor law during its
operation was administered at a cost
of $125,000 a year and with a little
staff of 51 people. There was no in
terference In the schools or homes or
on the playgrounds.
Child labor was again prohibited
in the N. R. A. codes, and I’ve yet
to hear from a single person who
objected to these provisions of the
code as they worked out in prac
tice. They brought In some much
needed reforms. In the cotton-gar
ment Industries, to take an example,
1 worker out of every 25 was under
16 in 1932, while in 1934 there were
only two children under 16 in the
whole industry. The Children’s Bu
reau of the Labor Department reports
that work permits to 14 and 15 year old
minors increased 150 per cent in 1936,
after the Invalidation of N. R. A.
Poll Showed Favor.
There are really only two ques
tions involved in this whole debate:
First, whether Federal control is nec
essary. and, second, whether this
amendment is the way to get it. The
Gallup poll on the subject a short
time ago showed the country over
whelmingly in favor of the amend
ment—83 per cent for It in New York
State and 76 per cent for it through
out the Nation.
That Federal action is necessary is
indicated by the mere fact that after
all the years of agitation, and in a
Nation particularly conscious of its
duty to childhood, child labor still ex
ists In many States. Only seven States
of the Union have adopted the 16
year age minimum for work during
school hours. Nine States still per
mit children under 14 to work in in
dustry during school hours.
Seven States allow children under 16
to work from 9 to 11 hours a day in the
mills and factories, and 10 States allow
such children to work until 8 p.m.
And that Congress, if given the
power to enact laws to abolish child
labor, would set out to destroy the
family, school and church, while de
pending for their own offices on the
vote* of their constituents, is a bogey
which fades out upon a little thought.
An amendment similar to the one
pending had the support 30 years ago
of the conservative Senator and his
torian, Albert J. Beveridge.
Incidentally, as Frank P. Walsh
pointed out in a radio broadcast a
year ago, recurring waves of bigotry
have from time to time swept sec
tions of the country, and have some
times brought about the enactment
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This Changing World
American Neutrality Bill Favors Powers With
Big Navies.
BT CONSTANTINE BROWN.
THERE i* no doubt that the neutrality bill, which haa been adopted by
the Senate and will be accepted by the Houae, will keep ua out of a
war—if the war la of abort duration. The new bill doee not protect
ua from getting entangled In another conflagration more than an
umbrella can protect an Individual from being drenched in a terrific atom.
Leglalatora are frequently like general ataff officers; they still figure in
their strategic plans on the basis
of the last war.
The Senators have drawn up
a bill which avoids many of the
pitfalls with which this country
was faced between the years 1914
1917.
But somehow or other our
legislators have overlooked the fact
that during the last war there were
two groups of naval powers—each
belligerent group had sea might.
At the present there u only one dominating aea power—Great Britain—
while the other group of would-be belligerents, the Germans and their allies,
can never show their flag on the ocean. The best they can do la to police
the Mediterranean and the Baltic Seas.
Although there is no doubt that the members of the Senate did
not intend to favor one nation against another, from the practical
point of view, the maritime powers. Great Britain and her associates,
will be able to purchase every kind of raw material necessary for the
prosecution of tear. Germany and Italy, even if they had the neces
sary cash, will not be able to buy a pin in this country.
The fears expressed by Senator Borah that these nations, In despera
tion, will endeavor to bring a destructive maritime war close to our shores
are purely hypothetical.
* * * *
Germany has no airplane carriers, and even if she had a number of
them they would be chased ofT the seas by the superior British Navy in
no time.
There are no submarine bases at the disposal of the Reich and Italy
In the vicinity of the American ports. They could have had some during
the last war, but now there Is not a single harbor In this hemisphere which
could shelter a submarine force of another nation without the consent of
the United States.
Should Britain stay out of the next conflagration the Italian-German
navies would control the seas, as far as belligerent forces are concerned.
But they would not risk themselves far away from the European theater
of operations and certainly would not think of bringing their war to the
American shores.
Fifty Italian warships will meet in the Mediterranean for the first
time since 1935 to play war games for 10 days.
These war games will be played between Tripoli and Tobruk and
have been scheduled purposely by II Duce to take place when the
prime ministers of the Balkan entente meet in Athens in the course
of this month. Mussolini wants to show them what the Italian fleet
is and what it might do to them should they be sufficiently foolish
and try and cross the German-Italian plans.
a a a a
Although the Italian government has not recognized officially Man
chukuo as an Independent state, a bargain has been reached between
Japan and Italy regarding Manchukuo and Ethiopia.
The Japanese government has withdrawn its minister from Addis
Ababa and the Italian government has appointed a consul general at
Mukden.
The new Italian representative is Count Luigi Cortage, a relative of
Mussolini and Count Ciano.
Until recently he has been the chief of the Bureau of Personnel in the
Foreign Office and is a man who Is highly thought of by 11 Duce and the
foreign secretary.
Rome is stalling about an official recognition of Manchukuo, but
the Tokio foreign office seems to think that it won't be long before
Cortage will be made a minister fully accredited to the government
and the Emperor of Manchukuo.
The only thing that is being maintained of the Weimar constitution
is tne aoontion oi oraers ana aec
orations.
At official functions in Berlin
you still see men decorated like a
Christmas tree. But these orders
are either foreign or date back to
the days of the empire.
Hitler is now trying to restore
decorations, as Stalin did after a
few years in office.
The leader of the Reich has re
cently bestowed gold medals of the
National socialist party to a number of members of ms camnet wno am
not possess it. Now there is a question of making that medal in silver and
copper for the minor lights of the Reich.
of laws interfering with education and
in the free exercise of religion. But
these have Invariably been State laws.
The bulwarks against invasion of nat
ural and constitutional rights of the
i
people have been the Federal Congress
and the Supreme Court of the United
States and not the State Legislatures
or courts.
•Coprrlfht. 1937.1
Headline Folk
and What
They Do
Myron C. Taylor, Who
May Be Ambassador,
Man of Action.
BY LEMUEL F. PARTON.
THIS department hasn't a foot
rule, but as exchanges pour in
from around the country, it
is safe to say that Myron C.
Taylor has received more column
Inches of publicity in the last 48 hours
than he and his ancestors, their uncles
and their aunts ever got since the
family first started here in 1640.
The man who fluxes steel In what
may be a new social amalgam is one
of the few great industrialists who at
tained and held his throne without
benefit of press agents. And now, in
the backwash of the eight-column
lines on the steel-labor rapproche
ment, comes the news from Washing
ton that it is quite likely he will be
made Ambassador to the Court of 8t.
James, to succeed Ambassador Bing
ham.
He shook up steel a lot when, in
1929, he became the successor ol the
late Judge E. H. Gary, bringing in
such younger men as William A. Irvin,
Infusing both new blood and new ideas
into the organization. With a life
background of law, textiles, banking,
finance and insurance—almost every
thing but steel—he was clear of all
dynastic and traditional restraints.
This writer has seen him only once,
in one of those newspaper inquisitions
to which important men are some
times subjected by reporters hunting
in packs. Mr. Taylor answered ques
tions courteously and succinctly, or
declined to answer, and said nothing
which was not absolutely pertinent.
There were no rhetorical trimmings,
flourishes or philosophical rationali
zations. And no sheet of flimsy when
the reporters filed out. Handouts have
been conspicuously missing in Mr.
Taylor’s administration. Unlike many
great industrialists who have com
manded vast amounts of newspaper
space, Mr. Taylor never has sounded
off at banquets or expounded his polit
ical or economic philosophy. He never
issues statements.
For years the newspapers had to get
along with a single, overworked old
photograph, and as to his ideas, they
lacked even that much guidance or
semblance. Whatever clear present
ment of Mr. Taylor exists today is a
synthesis of swift, incisive and effec
tive action.
Quietly stepping out of law, building
a string of New England textile mills
and running it up to imposing propor
tions; deftly carrying through a
$2,000,000,000 bank merger; taking
steel at a time when it was whispered
that the organization was becoming
moribund and galvanizing it with new
life.
He was born at Lyons, Wayne
County, N. Y., and was graduated from
Cornell in law. At Locust Valley, Long
Island, he lives in the eighteenth cen
tury home of his ancestors, built by
one of them, the illustrious Capt. John
Underhill. He is the type of man who
likes old houses and new ideas. There
was a sweeping liquidation of old atti
tudes and policies, going back to the
days of -Divine Right” Baer, when he
started putting more ductility Into
I American steel.
(Copyright. 1937J
■
“And now that we've seen the etchings
what about that cup of Wilkins Coffee?"