Evening star. [volume], March 11, 1937, Page A-3, Image 3

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

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Virginia Economist Sees “III
as Well as Good” in Pro
gram, However.
■y th» Associated Press.
FREDERICKSBURG. Va., March
11.—Dr. William H. Stauffer, State
tajc economist, told students of Fred
ericksburg State Teachers’ College
last night that he found “so much
more right than wrong” in the record
of the past four years that he “must,
as a citizen,” go with the President In
his Supreme Court proposal.
Speaking at the weekly convocation
on “the movement toward social se
curity,” Dr. Stauffer said the Supreme
'■ Court before many months would ren
der an opinion on the social security
act, and if it followed “the reasoning
embodied in the A. A. A. and other
adverse decisions, a large part of the
aocial security act will be declared
unconstitutional."
“The President doubtless has this
•peciflc possibility In mind in his agi
tation for immediate action by Con
gress on the increased court member
ship proposal.” he said. “Is the Pres
ident right or wrong? * » *
"My answer is that he is right in so
far as the practicalities of immediate
proposition* are concerned. He is
wrong in so far as our fundamental
political philosophy is concerned. It
would be more In consonance with our
governmental theory of checks and
balances to limit the power of the Su
preme Court by constitutional amend
ment. if such limitation is desirable.
And if, as the President remarked in
a recent radio address, ‘time were not
the essence,’ I believe, he, too, would
•ccept this course.”
Dr. Stauffer said a device which re
duces the power of the court may
work "for ill as well as good."
COURT PLAN BACKED
IN SOUTH CAROLINA
House Follows Senate in Indors
ing President Roosevelt’s
Proposal.
By the Associated Press.
COLUMBIA. S. C„ March 11.—The
South Carolina Senate followed the
House last night in indorsing President
Roosevelt's court reorganization pro
gram ”100 per cent.”
The Senate, by a vote of 26 to 5,
concurred in House amendments to a
resolution which supported the Presi
dent’s move for reorganization of the
judiciary.
While the resolution originated in
the Senate, it merely commended the
President on "his courageous attitude
In presenting this matter to the Na
tion.”
► In the House amendments were
adopted warmly indorsing the court
reorganization plan and calling on
South Carolina Congressmen to sup
port it.
Slaying Trial Under Way.
NEW CASTLE, Pa., March 11 (A>).
—•Angelo Pedonsi's attorneys recalled j
A. N. Traci to the stand today in an
attempt to prove that Patrolman |
Robert Dukes had been drinking and j
had started the fight in which the j
State charged Dukes was fatally in
jured February 9.
Pedonsi and Traci, both of Cleve
land. were indicted on a charge of
murder in Dukes’ death. Pedonsi was
the first to face a jury.
Three bartenders testified yesterday
Dukes had five drinks of whisky and
a bottle of beer an hour before the
fight.
_I
FOUND.
HANDBAG, lady’s, on Belmont rd. near
Columbia rd. Owner may recover at 1846
Belmont rd. n.w,
_LOST. __
bOG. small, black and tan Welsh terrier:
Rollingw?ood district. Chevy Chase. Call
gmeraon 7376.___
EYEGLASSES, gold-rimmed: on Irving st.
between 14th and 16th. Columbia 8400.
GLASSES, double lens left eye. and small
black leather notebook containing various
addresses. States, on Thursday or Friday.
Reward. Telephone Dlst. 2812. Ext. 2838.*
IRISH SETTER brown, male collar, tag
No 24105; ‘ Brownie.-’ Reward. Cleve
land 1878.___
PARROT, ereen. Colombian; in taxi, at
Union Station: owner very attached to
bird. Communicate with owner through
manager. Lee House Hotel. District 4800.
Reward._
PEKINGESE DOGS. 2. one tan. one red.
Liberal reward. Lincoln 1450. 3616
fiuitland rd_s.e.__
POCKETBOOK. with papers and money,
in Library of Congress or House Office
Building. Tuesday. Finder may keep cash,
but kindly return other contents to Henry
D Fruit. 226 East Capitol st._
PUP. wire-haired, female crooked black
rail left paw ' Pat." 2636 Monroe st.
r.e North 1182.
SPECTACLES, gold-rimmed, bifocal: Thurs
day in Georgetown. Reward. Call Cleve
land 4442._
SPRINGER SPANIEL, brown, male, tag
No. 16872.., Rew a rd. Colum b i a_l 790._
TEN-DOLLAR BILL, lost in Peoples Drug
Store on 10th and F or the Hob Nob.
Reward. Greenwood 2762-J. •
WALLET, brown leather, with name “J.
Husting" inside, containing money and
cards. Reward. Lincoln .3479-W. •
WATCH. Elgin. Rold. with gold band: bet.
4700 Colorado ave. and Transportation
Bldg, Call Columbia 1668.
SPECIAL NOTICES.
A SPECIAL MEETING OF THE STOCK"
holders of the Home Buildine Association
will b« held at the office of the associa
tion. 2006 Pennsylvania ave. n.w.. Tues
day. March 23. 1937. at 7:30 o’clock p.m..
to act on a proposed amendment to the
Constitution relative to the examination of
titles to property offered as security for
loans, and to the duties of the attorney.
FRED L. VOGT. President.
JAMES M. WOODWARD. Secretary._
T~ WILL NOT BE RESPONSIBLE FOR
debts contracted by any one other than
m.vself. HARRY W. LITTLE. Silver Sprin*.
Md.___ ll«
I WILL NO LONGER BE RESPONSIBLE
for any debts except those contracted for
by myself on and after March 8. 1937.
JAMES K. HUNTER. 338 Hamilton st. n.w.
_11 •
OtD DAGUERREOTYPES. TINTYPES. KO
dak prints or any treasured “keeDsake
pictures" restored, improved, copied. ED
MONBTON STUDIO. 1333 F at, n.w.
X WILL NOT BE RESPONSIBLE FOR
- debts unless contracted by me personally.
J, H. DAVIS. Box 6723, Bethesda, Md. 12*
1 WILL NOT BE RESPONSIBLE FOR ANY
debts contracted by any one other than
myself WILLIAM R. THOMPSON. Jr.,
306 Adams st. n.e___13*
DAILY TRIPS MOVING LOADS AND PART
loads to and from Balto.. Phila and New
York. Frequent trips to other Eastern
cities. "Dependable Service Since 1896."
THE DAVIDSON TRANSFER A STORAGE
CO. Phone Decatur 2600 _
RAINY-DAY ROOFS
—sound, tight, free from leaks. Why
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TCOONS ROOFING 933 V St. N.W.
° COMPANY_North 4423.
• —SIX ACRES of old blue
grass sod. 18 miles in Virginia:
good road. Address Box 461-J, Star
office.___*_
LONG-DISTANCE MOVING.
„ All points. 2,000 miles, full and part
loads. NAT. DEL ASSOC . INC.. National
1460. Padded vans. 1317 N. Y. ave.
LONG-DISTANCE MOVING.
Special return rates. Man from Cin
cinnati March 20. Points en route North
Carolina March 17, returning March 20.
Frequent trips New York. Philadelphia.
Boston. Chicago and the West. Insured car
rier. one responsibility. VANPORTATION St
WAREHOUSE CORP.. 2801 Georgia ave.
H.W.. Adams 3377. Evenings, Clev. 5646.
f'HAMRFRS ls one of the largest
,.l.nAinDLA3 undertakers in the
world. Complete funerals as low as $76
up. Six chapels, twelve parlors, seventeen
cars, hearses twenty-five undertakers and
assistants Ambulances now only $2 1400
2*P.!.n. AUantle^067001* 0432 617 llth
Women Watch Court Hearing
,, „MrJr.SaJnxiel L' Conr\or< deft), Democratic national committeewoman from Kentucky; Mrs.
Millard E Tydings, (center), wife of the Democratic Senator from Maryland, and Mrs. Henry F.
Ashurst, (right), wife of the chairman of the Senate Judiciary Committee, arrived at the court
reorganization hearing room yesterday long before the session started. They said they wanted
to be sure of getting seats. __A p photo.
Digest of Court Plan Protest by Wheeler
SENATOR CONTENDS PEOPLE SHOULD HAVE POWER OVER CONSTITUTION.
CHICAGO, March 11—A digest of
a protest made by Senator Burton K.
Wheeler against the President’s pro
posal to revamp the judicial system
follows:
The President of the United States,
speaking at the victory dinner on
March 4, made the startling state
ment that in his opinion a great na
tional crisis exists—a crisis even more
grav' than th&t which confronted this
country four years ago. The President
implied that he could not insure the
continuance of democratic institutions
for four more years unless he was
given the power to increase immedi
ately the membership of the Supreme
Court of the United States by adding
six new justices.
Crisis, power, haste and hate was
the text from which the President
preached.
Lincoln Advised Against Haste.
We may contrast President Roose
, veil's demand for haste to pack the
Supreme Court in this crisis with the
caution with which another Presi
dent of the United States approached
a real crisis in this country. Abraham
Lincoln, in his first inaugural address,
76 years ago. on taking office when
the country was faced with dissolu
tion, said:
"My countrymen, one and all, think
calmly and well upon this whole sub
ject. Nothing valuable can be lost by
taking time. If there be an object to
hurry any of you in hot haste to a
step which you would never take de
liberately, that object will be frus
trated by taking time: but no good
j object can be frustrated by it * * *.
Intelligence, patriotism, Christianity
and a firm reliance on Him who has
never yet forsaken this favored land
j are still competent to adjust in the
best way all our present difficulty."
It is in the spirit of this counsel,
without hate or haste, that I address
this great gathering here tonight.
Ik ik * *
It has been since demonstrated
beyond question that the age of the
justices had nothing to do with the
question of liberalism or reaction; that
the court was not inefficient but cur
rent in its work. Furthermore, the
solicitor general has approved of its
practice of disposing of cases pre
sented to it for review.
The President, realising the fallacy
of these arguments, made a dramatic
appeal based upon what he contends
to be "a crisis” fundamentally even
more gTave than that of four years
ago.
The picture of poverty, sweatshops,
unemployment, long hours, back
breaking work, child labor, ill health,
inadequate housing, poor crops,
drought, floods, the "dust bowl," agri
cultural surpluses, strikes, industrial
confusion, disorders, one-third of the
population of the United States ill
housed, ill-clad, ill-nourished, was
graphically painted to the American
people at the $100-a-plate victory din
ner in the Mayflower Hotel, not by
the enemies of the administration, but
by the President of the United States
himself.
Court Blamed by Implication.
And all this, it is implied, was be
cause of the Supreme Court. We were
led to believe that this court was the
instrument which had stricken down
all of the legislation which the Dem
ocratic party had enacted during the
last four years and which It might
enact to relieve the situation In the
future.
* * a *
That the administration sincerely
believes that this is a crisis calling for
precipitate and unthinking action on
such a proposal cannot be maintained
upon the record which the adminis
tration itself has made in the cam
paign and in the past months. Nor
can it be maintained with candor and
good faith that the present powers of
the Congress and the President, under
the Constitution as it Is Interpreted
by the present members of the Su
preme Court, are Inadequate to con
tinue to relieve those In need, to con
tinue a farm program or a flood con
trol, irrigation and reclamation pro
gram, or to protect the consumer
against monopoly.
As for carylng for the needs ct the
unemployed; as for caring for the
needs of the mothers, the drought
stricken farmers or the flood victims.
Apartment Pianos
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bad as the President pictures the Su
preme Court, it has neither vetoed nor
obstructed laws to carry out these
purposes. And the suggestion which
the administration makes that relief
may be denied by the Supreme Court
is one which not even “so-called" de
featist lawyers will entertain. More
has been spent for the needs of the
unemployed and the drought-stricken
farmer than has ever been spent in
the history of any other nation in the
world and justly so. I was one of
those who insisted long before the
administration came into power that
the National Government come to the
rescue of the unemployed.
Power Over Rivers Established.
As for flood control, and the con
servation of waters for irrigation and
reclamation and our drought-stricken
areas it is not necessary that the
interstate commerce clause of the
Constitution be made conversant with
the habits of the Ohio River or the
"Dust Bowl" by packing the court as
suggested by the President.
The Congress of the United States
has always assumed, and the courts
have always upheld, the power of Con
gress over navigable streams and their
tributaries.
* * * *
It ill befits this administration to
say that there is doubtful power to
protect the consumer against mo
nopoly.
Memories of his N. R. A., dictated
in large measure by the United States
Chamber of Commerce, for the express
purpose of permitting industry to get
out from under the provisions of the
Sherman anti-trust law and the Clay
ton act, are too recent to be forgotten.
Housewives and farmers can testify as
to what protection they got from
monopolistic prices under that act.
Well can you thousands of small busi
ness men throughout the country re
member what it was to be at the mercy
of the economic royalists, who not
only drafted the codes but enforced
them in their own self-interest. And
many of you, I am sure, are not un
mindful of the favoritism, the petty
graft and the corruption that was
rampant in the activities of the code
authorities.
Unanimous on N. R. A.
The N. R. A. was declared unani
mously to be unconstitutional—not
because Congress lacked the power to
regulate monopoly, but because the
court found that Congress had no
right to delegate its legislative powers
to private Individuals, to be exercised
for their own selfish purposes. Few
are the people in the United States
who would disagree with the Supreme
Court decision in that case.
As to the power of Congress to cope
with the farm problem, it should be
recalled that it was a former Presi
dent of the United States that vetoed
the McNary-Haugen bill. Every one
concedes that the farm problem is a
difficult one to solve, Supreme Court
or no Supreme Court. Both the theory
and the practice under the A. A. A.
of curtailing the production of food
products and killing little pigs when
one-third of the Nation was “ill-clad,
Ill-housed and ill-nourished,” as the
President says, is not entirely free from
criticism, or improvement. That the
present prices of farm products have
come about largely because of the
drought, no one can deny.
Let us be clear about it. I am not
criticising most of the legislation pro
posed by the President of the United
States during the last four years. I
supported most of it and led the fight
for the holding company bill.
* «k A *
Handicap* Democratic Solution.
I submit that the President’s pro
posal leads us nowhere. It is neither
a panecea of reform nor can it be
Justified as a temporary expedient. It
postpones, delays and renders their
democratic solution more precarious.
And those who sincerely believe in the
objectives for which the President
SEE ES
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professes belief, and who seize upon
his proposal as a method for the
achievement of all those ends, are
being forced into a sham battle in
which there can be no victory for
liberal principles.
I ask those people, what assurance
can the laborer or the farmer have
that his problem will be solved? Six
new members appointed to the court
are still members of a court, which,
as the President says, now has the
ultimate control over the economic
and political destinies of this coun
try. There are still judges unrestrict
ed in the exercise of their discretion as
to whether or not Congress has the
power to meet the needs of the people.
This proposal does not curb the
usurpation of power over the political
and economic life of this country. Let
us face the facts clearly and resolve
the issue now.
What kind of judges could they be
if they promised the President in ad
vance that they would do his will?
They may be sworn to support, main
tain and defend the Constitution, but
if they are to carry out the Presi
dent’s wishes they must owe to him an
obligation superior to their oath.
A i ik *
“Same Elements of Opposition.’*
The President says, “The tumult
and the shouting have broken forth
anew—and from substantially the
same elements of opposition.”
The same elements of opposition!
, Johnson of California, Norris of Ne
braska, Nye and Frazier of North Da
kota. Borah of Idaho and that vast
host of Southern Democrats who have
supported the President wholeheart
edly. We arc classed as “the same
elements of opposition” as opposed
him in the last campaign. The people
of this country will not believe, as the
President suggests, that these men
are insincere in their desire to im
prove social and economic conditions
in thus country. The people will be
C. D. KENNY CO.
I
lieve. In my opinion, that the Presi
dent has made a false start and taken
a most dangerous method of righting
the wrongs that may exist. They
will question that the end Justifies
such means. Can these men be dis
missed as “defeatist lawyers?” And
what of the equally sincere and cour
ageous group in the House who have
been compelled to voice their dissent?
They were loyal and splendid Demo
crats in the President’s eyes five weeks
ago. Are they unworthy of confidence
now?
* * * *
The point of disagreement In this
controversy 1s not between those who
want social and economic reform and
those who do not want it. It is on the
method of getting reform and whether
that reform will be sham or of a real
and permanent character. People
who are genuinely concerned about
a true democratic form of government
object to a change which will make
all three branches of the Government
subservient to one man.
Senator Bone of Washington and
I have Introduced a constitutional
amendment providing that In the
event the Supreme Court declares a
law of Congress unconstitutional, that
after an election intervenes, the Con
gress may repass that legislation and
it will become law, notwithstanding
the court’s decision—in other words,
we desire to give the people of this
country a chance to have the final
say, through their elected represen
tatives, as to what legislation they in
their wisdom desire. There can be
no more democratic way than this.
The people, not the President, not
the courts, should have the final say
in matters which vitally affect their
economic welfare.
The Constitution, I repeat, belongs
not to the President, not to the Con
gress, not to the court, but to the peo
ple. You and only you shall say when
and how it shall be amended.
Would Submit Amendment.
I think I know the House of Rep
resentatives well enough and I know
that I speak for the Senate, Demo
crats and Republicans alike, when I
say to you that we will give the
President the votes to submit a con
stitutional amendment to the people
of this country, and we will do it,
now, if he will say the word. Every
Senator will submerge his individual
views on particular amendments and
adopt any reasonable proposal the
President will submit. We will not
permit him to pack the court. If the
President wants real reform — not
sham reform—we will give it to him,
now. And I challenge the adminis
tration to submit to the Congress any
reasonable constitutional amendment,
and I promise him sufficient number
of votes to submit such proposal to
the people, now. Nor need there be
delay in ratification of such an amend
ment by the people * * *
This is the issue upon which lib
erals and progressives differ with the
President of the United States—a
doubtful expedient of real reform
• * •
Create now a political court to echo
the ideas of the Executive and you
have created a weapon. A weapon
which in the hands of another Presi
dent could well be an instrument of
Mystery Clouds Cummings’ Gum
Fate in Hot Hearing on Court
NYE SEES PRESIDENT
LOSING COURT FIGHT
Senator Expects Long and Bitter
Controversy Resulting
in Defeat.
By the Associated Press.
NEWARK, N. J., March 11.—"The
Supreme Court fight Is anybody’s bet,”
Senator Gerald P. Nye, Republican,
of North Dakota said last, night, "but
my guess is that the President is
beaten.”
Nye predicted President Roosevelt’s
Supreme Court reorganization plan
would be defeated in the Senate by
a close vote "after long and probably
bitter controversy.”
Leaving by plane for Chicago after
a speech in New York on the neu
trality bill, he declared a number of
Senators who have not publicly com
mitted themselves on the plan are
"known to be privately against it.”
Nye said 95 per cent of the letters
on Roosevelt’s proposal from his con
stituents opposed it.
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Br the Aitoclsttd Press.
Mystery penetrated the elegant Sen
ate caucus room today: What became
of Attorney General Cummings* chew
ing gum?
Briefly, the case Is:
Appearing before the Senate Judiciary
Committee yesterday as first spokes
man for the President’s court reorgan
ization bill, the Attorney General had
his gum when he started talking, but
he didn’t have it when he finished.
To say ‘‘had his gum” might carry
guilt of clue-hiding, for the fact is
that Cummings was chewing it en
thusiastically when he entered the
crowded room.
The ardor of his mastication hadn’t
cooled as he sat down in the red
leather witness chair.
These facts are fairly certain:
He didn’t stick the gum on his hat,
for he wasn’t wearing a hat.
He didn’t pass it to Solicitor General
Stanley Reed, because he was too far
away.
He didn’t hand it to Assistant Attor
ney General Robert H. Jackson. Some
one would have seen him.
He didn’t wad it under his chair, for
that’s been investigated.
Yet, when he finally got to his feet
at the end of his lengthy cross-exam
ination by the Senators and strode out
of the chamber, he was without his
gum.
destruction. A weapon that can cut
down those guarantees of liberty writ
ten into your great document by the
blood of your forefathers, and that
can extinguish your right of liberty,
of speech, of thought, of action, and
of religion. A weapon whose use is
only dictated by the conscience of the
wielder • • •
We always have time to do right—
we always have time to protect the
rights and liberties of the people. We
have time now to make a real and
lasting reform in a constitutional way.
HELD IN SLAYINGS
EBENSBURG. Pa., March 11 <A>)—
Paul Emerick, 27-year-old former coal
miner, was held In the Cambria
County jail today, accused by a cor
oner's jury of slaying his brother and
sister with a shotgun.
Justice of the Peace H. A. Brown
said Emerick surrendered to him with
the assertion:
"God told me to do it. 1 am only
sorry I did not kill my father.
The dead were Mias Ethel Emerick,
37. a cripple, and Joseph Emerick, 25,
a coal miner. The father, John Em
i erick. 64, received treatment for
wounds in the shoulder.
-•
Buried Leg Explained.
MEDFORD, Mass. ).—Excitement
ran high when workers, cleaning a
cellar, found the bones of a human
leg Police ordered further digging.
! Then George Leavitt showed up. Was
; that leg still kicking around? He
i used it in 1895 at a college for a thesis.
Circumstantial evidence leaves only
one conclusion; he must have swal
lowed It.
Again at today’s hearing there were
hundreds of amateur spectators, along
with the corps of habitual attendants
at the goings-on of Congress.
Among the 400 lAsitors who shuffled
folding chairs in their search for bet
ter seats were grandmothers, gruff old
men, gay groups of matrons, serious
little men with brief cases and whis
pering law students.
Most of the spectators are far from
the committee table. As a result,
however, they missed the gun episode,
as well as the stumble which landed
8enator Logan, Democrat, of Ken
tucky in the arms of an attendant
yesterday as the committee marched
into the room; the gracious bow which
Chairman Ashurst opened the hear
ing, and the banter between Senators
and policemen over the "no smoking,
please” signs.
When the loud-speakers failed in
the middle of a slow-spoken question
from Senator Borah, the crowd
grumbled, stirred, leaned forward
again.
Whenever the loud-speakers spit out
a heated exchange between Senator
and witness, a few spectators stood up.
A uniformed policeman strolled up the
aisle and said:
“You’ll have to sit down.”
MISS JANE FOSTER, 82,
EXPIRES AT RESIDENCE
Long-Time Resident of Washing
ton Was Native of Balti
more.
Miss Jane Adams Poster, 82. for
many years a Washington resident,
died yesterday after a long illness at
her residence, in the Tilden Gardens
Apartments.
Miss Poster, a native of Baltimore,
long had been a member of the Daugh
ters of the American Revolution.
Among her survivors is a niece, Mrs.
Maude P. McCallum of this city and
Ventnor, N. J.
Puneral services will be held at 2
p.m. tomorrow in the Nevius funeral
home, 924 New York avenue. Burial
will be in Oak Hill Cemetery.
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room! In a graceful, simple design; all metal; water
proof. Supports itself perfectly without fasteners.
24x81/2x11 inches. Pompeian green, ivory or terra
cotta. You are bound to huve
a plant or two for Easter. Rj
Here's a good place for them! H
Friday and Saturday only_ -«-•
MAIL AND PHONE ORDERS FILLED
Blackstone
THK CIGAR OF SUCCISSFIIL MIN
^^«U>HAV*NA
MRHCTO, 3
CAIINIT OR 10NDRIS. 10*
VANKII OR RANITHA, 3j£t l»<
2 Days Only!