Evening star. [volume], March 11, 1937, Page A-5, Image 5

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

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REQUEST 10 EASE
PE1I1 LAW HIT
Proposal to Raise Speed
Range for Revocation
Is Opposed.
Proposals for raising the range of
•peeds for which automobile permits
now are suspended, on conviction of
the drivers, were opposed today by a
special committee of District officials
named some time ago by the Com
missioners to consider the program.
At the same time, the committee
recommended creation of a second
board of review with a view to elimi
nating congestion of cases before the
•• present single board.
Commisisoner Hazen at first was
receptive when automobile interests
suggested that the present rules for
suspension were too drastic and
should be substantially changed, but
later swung to the view there was no
good reason for a change in the pres
ent practice.
Value of Rule Cited.
Traffic officials have stated that the
rule for suspension of permits of
drivers who use excessive speed had
operated in the past year to cut the j
traffic toll in accidents.
Persons now convicted of speeding
between 35 and 39 miles per hour now'
face automatic suspension of their
permits for 15 days unless they win
an appeal to the Commissioners.
Those convicted to speeding 40 to
49 miles an hour face suspension of
permits for 30 days. Those convicted
of speeding 50 miles or more face re
vocation of permits.
The suggestion was that 35 miles ar
hour was too low a limit for suspen
sion in cases of drivers convicted of
going that fast in a 30-mile speed
rone. Some wanted the rule changed
so that permits would not be suspend
ed for speeding in a 30-mile speed
Eone unless the driver was convicted
of going faster than 45 miles an hour.
Members of Committee.
The committee consisted of Edward
W. Thomas, assistant corporation
counsel; Henry Nestor, police aide to
Commissioner Hazen, and W. H.
Murphy, secretary of the Board of
Character License Review.
They advised the Commissioners it
would be “unwise” to raise the range
of speeds for suspension, at this time.
For one reason, they said efficacy of
the rule was reflected by iast year's
reduction of traffic accidents.
The committee suggested the crea
tion of a second board of review so
that the two boards then operating
would meet on alternate days. The
first one would handle only pending
permit appeals, at least until all pend- i
lng cases were cleared. The second, ]
consisting of alternates to the regular j
board and the secretary of the Charac- I
* ter License Board, would hear only
new appeals from revocation or sus
pension orders until it had disposed
of all pending appeals.
Jackson
(Continued From First Page.)
events. O’Mahoney then remarked
that the justice who delivered the A.
A. A. decision (Justice Roberts) would
not be affected by the President's bill.
No Guarantee, Jackson Admits.
“Yes,” Jackson said, ‘‘there is no
guarantee against things like that.”
The Assistant Attorney General in
dicated he did not advocate abandon
ment of the amendment method, but
said he could speak for no one else.
Jackson denied that the sole re
sponsibility for the functioning of the
Supreme Court is on the justices and
that their independence requires “that
a majority of them be let alone to
shape the institution as they will.” He
told the committee the Supreme Court
cannot function without the periodic
aid of Congress. The failure of Con- I
gress to assume its responsibility for j
the acts of the Supreme Court he de- j
cried.
Jackson contended the Constitution I
had left the Supreme Court with very J
curtailed powers since its size, its j
means of carrying on its jurisdiction j
and the enforcement of its decisions j
were left to the other branches of the
Government.
“It is clear," he said, “that Congress
has the power to see that the per
sonnel of the judicial system is ade
quate. both with respect to number
and to neutrality of attitude. It is a
responsibility of Congress to see that
the court is an instrumentality of a
just and constitutional government
and that it does not become an in
strumentality for the defeat of con
stitutional government.”
Congress Cse Checks Sparingly.
. The Assistant Attorney General said !
Congress had made sparing use of its
cheeks and balances against the court.
Only once, he said, had it tried im
peachment. Once it withdrew juris
diction of the court to hear a case.
Three times constitutional amend
ments had been adopted to correct
the court. And six times the size
of the court had been changed, with
resulting changes in the court's atti
tude.
"Changing the size of the court,”
said Jackson, “has never deprived it
of independence or prestige.”
He said it was obvious that the
founding of the Government that
changes in the size of the court
would be made at times when its de- '
cisions caused dissatisfaction. The1
first time the size of the court was
changed occurred when President
Adams put through Congress the
•‘midnight judges” law just before
Jefferson took office. This change was
a reduction from six to five. Cushing
was not expected to live and it was
- thought by this device to prevent
Jefferson from appointing a successor.
me number was restored to six in
1802 and raised to seven in 1807,
enabling Jefferson to appoint two
Justices. Tlie comments in the news
papers of the day, Jackson said, read
like the comments in the newspapers
this morning. One paper said “By
this vote the Constitution has received
a wound it cannot long survive.”
Other changes in the size of the
court, Jackson said, were made during
the “Jacksonian revolution,” during
'the Lincoln administration, Johnson’s
administration and the Grant ad
ministration. In each case, when
the changes were made in order to
obtain decisions of the court that
were in accordance with the policies
advocated by those administrations,
except in the case of President John
son, when the size of the court was
reduced from 10 to 8 “to prevent the
Vacancies from being filled by John
son with appointments which it was
leared might be unfavorable to the
Reconstruction policy.”
Difficulties in Amendment.
Jackson said he was not urging
that the amendment method of check
ing the court shall not now be tried.
* urged, however, that there were r
Will Welcome Guests to Gay 90s Ball
As guests arrive at the Willard Hotel tomorrow night for the aay 90s ball, they will be greeted
by this typical 1890 receiving line.
Left to right: Mrs. George D. Sullivan. William J. McManus. Mrs. George Wenzel. George
Wenzel, Miss Kathryn Cunningham and Harold Allen Long. Proceeds will go to the fund for
this year’s President's Cup Regatta. Entertainment of the Victorian era will feature Jane Coon,
Eugene Kressin, Lisa Gardiner dancers and the Estelle Wentworth opera group
___ -Harris-Ewing Photo.
SENATE DELAYS
MELLON MEASURE
Walsh Introduces Bill to Au
thorize Smithsonian
Gallery of Art.
The bill for acceptance of the Mel
lon art gift and the proposed exten
sion of the east front of the Capitol
both encountered delay in the Senate
this afternoon, but will be considered
again at an early date.
At the same time. Senator Walsh,
Democrat, of Massachusetts intro
duced a third measure to authorize a
new Smithsonian Gallery of Art on
Constitution avenue, between Twelfth
and Fourteenth streets. This project
would be entirely separate from the
art gallery, which Andrew W. Mellon
proposes to build at a cost of $10,
000,000 on Constitution avenue, be
tween Seventh and Fourth streets, to
house the collection of paintings
which he also is giving to the Gov
ernment.
Before the Mellon plan can be car
ried out, however, Congress must pass
the pending bill accepting the offer.
When the bill came up today for the
third timp, it was postponed because
of the absence of Senator La Fol
lette of Wisconsin, who had asked for
time to study it. Senator Copeland.
Democrat, of New York joined in ask
ing for postponement today.
Senator Copeland told the Senate,
however, that "so far as I am con
cerned I objected because of certain
architects of my city w'ho want to be
| heard, and not because of any per
sonal objection.”
Later in the day Senator La Fol
! lette stated that he has studied the
j bill and wants to offer some amend
j ments when it is taken up again, but
prefers to explain his views on the
measure at that time.
certain difficulties in the way of
drafting an amendment.
"The outstanding development in
recent constitutional history,” said
Jackson, “was the growing frequency
with which the Supreme Court refuses
to enforce acts of Congress beyond the
constitutional powers of Congress.”
In the 10-year period from 1790 to
| 1800. he said, there had been no de
cision by the Supreme Court holding
laws of Congress unconstitutional. In
the 10-year period from 1920 to 1930
there were 19 such decisions. In the
last three years the court has refused
to recognize the power of Congress in
12 cases. Five of these 12 decisions,
he said, have occurred during a single
year.
Jackson referred also to the manner
in which the law’s of Congress are
being held up by the inferior courts.
"No more striking development in
law’ enforcement has occurred than
the sight of the Government defied by
the whole utilities holding company
industry, obliged to abdicate enforce
ment until a Supreme Court decision
could be had.” he said.
“I am confident that the Supreme
Court has no wish to take unto itself
a veto pow’er," continued Jackson.
"But powerful interests, by carrying
all causes lost in Congress to the Su
preme Court, and by resisting lawful
authority, meanwhile, are forcing that
consequence upon the court with its
effective, if unconscious, consent.”
Controversy in Court.
Tlie present controversy over the
court, Jackson insisted, “affects a
; controversy within the court.” He
i said a majority of the justices had
made it appear the great objectives of
; this administration, of this Congress
i offend their deep convictions.
"This frank hostility of these jus
tices has been openly counted on by
interested groups to defeat much im
portant legislation,” said Jacksoh. On
the other hand, he said, a minority
of the justices had protested promptly
against the overriding decisions of the
majority.
“Included among those who have
seen fit to protect their place in ju
i dicial history by recorded protests are
Chief Justice Hughes, Justices Holmes,
Brandeis, Stone and Cardozo,” the
witness declared.
Jackson said that because of the
close division in the court itself,
with one justice absent on account
of illness, the court had split, 4-4,
in the New York unemployment com
pensation act case.
“When the decision of crucial con
stitutional issues may turn on the
death or illness of a single justice,"
said Jackson, “it would seem that our
constitutional purpose is governed by
a blind fate instead of by human
reason.”
The conflict between Congress and
the courts, the witness contended, is
in large part due to the refusal of the
court to permit Congress to have any
share in defining the present-day ap
plication of such indefinite terms in
the Constitution as "general welfare,”
“due process,” "commerce among the
several States,” and the things which
directly affect it.
Statement Uninterrupted.
Members of the committee had al
lowed Jackson to read his statement
without interruption. When he was
through they immediately began
I shooting questions at him, with Sena
' tor O'Mahoney starting by compli
[ menting Jackson on his “analysis of
the action of the court in usurping the
legislative functions.”
Senator McCarran, Democrat, of
Nevada, as yet uncommitted on the
i proposal, then took up the questioning.
“The confidence of the people as a
whole is the thing that constitutes the
power of the court,” he began. "Don’t
you fear that the confidence of the
people in the six new judges proposed
in this bill would be so impaired by
reason of existing conditions that the
mandate of the court would have no
effect?”
Jackson replied he had no such fear.
The Assistant Attorney General, fre
quently mentioned as a possible Su
preme Court appointee, added:
“If we can't get six men who will
merit the confidence of the people,
then we are pretty near over the dam
already. I think that the present sit
uation is more damaging to the pres
tige of the court than the potentiality
you suggest.”
Cites 1921 Bar Proposal.
When Jackson cited a statement by
a former American Bar Association
president in support of his views, Sen
ator McCarran remarked:
“Yes, the American Bar Association,
now opposed to the plan, proposed in
1921 that the number of justices be
increased to 11. But perhaps at that
time the association had more con
fidence in an administration which
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had Warren Harding as President and
Mr. Daugherty as Attorney General.”
An opponent of the bill. Senator
Burke, Democrat, of Nebraska, sug
gested to Jackson that it would be "as
abhorrent to the country to place men
without training in the law on the
Supreme Court as it would be to in
crease the court for special reasons.”
He asked Jackson whether he believed
that when the President and Con
gress are sufficiently dissatisfied with
the decisions of the court he would
consider it proper to increase the
court.
‘‘It is within their power." answered
Jackson, "and I think it is proper to
exercise that power at this time."
Jackson took up an argument made
by opponents of the court bill that if
in the future a conservative adminis
tration came into power it, too, could
change the court to suit itself.
Conservatives Don’t Need Court.
“The conservatives never need a
court if they have Congress and the
President with them,’’ said Jackson.
“All the conservatives seek to do is to
keep things in status quo.”
Senator Burke suggested that the
power to increase the Supreme Court, .
therefore, was only of value to the lib
erals and could only be used by them
with effect. Jackson replied that cer
tainly the liberals have to have all
three branches of Government with
them to get anything done.
In reply to a question from Burke,
Jackson said he saw no impropriety
in passing a law to reduce the size
of the Supreme Court in order to get
favorable opinions, except for the fact
that it might place too heavy burdens
upon the members of the court.
Senator Van Nuys. Democrat, of
Indiana, asked Jackson how long he
had had an idea that the Supreme
Court needed to be increased because
of the amount of work piled up Jack
son said that he had said nothing
about it in the past.
“If it had not been for the decisions
of the Supreme Court overruling these
New Deal laws, this question would
not have arisen at all,” said Van Nuys.
Senator Connally, Democrat, of
Texas asked Jackson if his thesis did
not depend "on the kind of judges
you’re going to appoint; that if you
get six who will decide as you want
them to decide it will be all right.”
Would Take Adverse Ruling.
“No,” said Jackson, "I am willing
to take an adverse opinion from a
judge who I consider open-minded,”
“But,” said Connally, “this proposed
law will be of no effect if you do not
get judges who will be liberal minded
and will hand down opinions you de
sire. If you should get six new judges
like those you complain of nothing will
be accomplished.”
Connally insisted that under the
President’s plan, the Constitution
would remain the same, that Congress
would have no new power. He added
that what they would have would be
new judges with new interpretations
of the Constitution.
“If the Constitution is what the
judges say it is,” replied Jackson, re
verting to a quotation from Chief Jus
tice Hughes when he was Governor of
New York, “then our generation
should have something to say about
it.”
Chairman Ashurst interrupted,
“What you think Mr. Jackson Is that
the court should not be blind to all
those things which other people see.”
Senator Dieterich said the purpose
of the proposed law and the adminis
tration was to get fair-minded judges
and not judges pledged to any legis
lation beforehand.
“Certainly,” replied Jackson.
STATE DECLARES WAR
ON GOLDEN EAGLES
By the Associated Pi>ess
BOISE, Idaho, March 11.—State
Game Warden Amos Eckert declared
yesterday the golden eagle is wild life’s
public enemy No. 1, and said he will
pick five marksmen as the State’s offi
cial executioners.
“Attacks of these eagles on deer,
goats and sheep are the worst in
years,” Eckert said. “I propose to try
to stop the slaughter.”
"We have long offered a bounty of
$1 a head, but their number and
viciousness is increasing.”
Elmer Purcell, veteran trapper, re
ported he had seen “seven deer that
had been killed by eagles” in a wild
region of Oentral Idaho’s Salmon
River country.
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DOUBLE PENSION ASKED
Senator George Pleads for World
War Veterans’ Widows.
Senator George, Democrat, of
Georgia has asked Congress to
double the base pension of widows of
World War veterans who died of
service-connected injuries.
The bill would increase the widow's
compensation from $30 to $60 a
month, would allow $80 for a widow'
and one child and raise the pension
for each additional child from $6 to
$10 a month.
-•
Curley Accepts Invitation.
LEONARDTOWN, March 11 <£>).—
Archbishop Michael J. Curley has been
invited to attend the dedication of
the new St. Mary’s Academy High
School on April 21. The Right Rev.
John McNamara, auxiliary bishop of
Baltimore, has already accepted an
invitation.
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HAS J COMFORT
■ inw YriD|NG quality
Let Us Prove It
EASY TERMS
to 35 MILES Hi
HOLLEMAN
MOTOR COMPANY
1231 20th St. N.W.
Big Bear Market, 1018 North Capital St.
"It isn't the one sole you moke that builds a business,
it is the repeats, those things that a customer comes back
for time after time, and that is why Washington Flour is
such an important item in our stock. We have no trouble
with it, whatever. Every customer who uses it once continues
to use it—and that is the best proof of its quality. Every
sack of Washington Flour we sell we guarantee by the millers'
direction that if it doesn't give better satisfaction than any
other flour you have ever used, bring it back and we will
refund the money. That means something, too, doesn't it?
Plain Washington Flour is the all-purpose flour; Self-Rising
Washington Flour is for biscuits, waffles, short cakes, etc;
and Martha Washington Cake Flour is famous for making
those deliciously moist cakes that stay moist. We ore glad
to sell these Washington Flour products because they always
give satisfaction."
Ellis Levy.
There MUST Be a
Good Reason Why
is the biggest selling
flour in Washington
If YOU use it you know why. If you have never used
it—try it—and you'll soon learn the answer—
Washington riour gives
Better Satisfaction than ANY
OTHER flour you have ever
used—or MONEY BACK.
That’s a straight out unequiv
ocal guarantee.*
PLAIN WASHINGTON FLOUR—the all-purpose flour.
SELF-RISING WASHINGTON FLOUR—specially for biscuits,
waffles, etc., to be MADE WITHOUT BAKING POWDER.
MARTHA WASHINGTON CAKE FLOUR—that makes those
delicious moist cakes that stay moist.
For sale by ALL Grocers, Deli
catessens, Markets, Chain Stores.
Wilkins-Rogers Milling Co. c"”"'
STORE HOURS.
9.30 A.M. to 5:45 P.M.
PARKING SERVICE
AT OUR CURB
FRIDAY
Clearance
SMALL quantities and broken size ranges . . . but every
piece is of regular Raleigh standard quality.
All Salat Final • Quantities Limited • No Mail, Phone, C. O. D. Ordert • No Refundtl
MEM’S SUITS
10 BROOKSTREET SUITS; for young men; sport back models in light
colors. Sizes: Regular, 2 (40), 2 (42); short, 1 (37),
2 (38), 1 (39); long, 1 (38), 1 (40). Were $25 and $10 QC
6 RALEIGH SPORT SUITS; lattice weave; tan and grays.
Sizes: Regular, 2 (37), 1 (40), 1 (42); short, 1 (39), tOI QC
1 (40). Were $35, now_ 1
15 RALEIGH AND HART SCHAFFNER & MARX SUITS; one and
two trousers. Sizes: Regular, 1 (37), 1 (38), 1 (39), 1 <40), 1 (42);
short, 1 (36), 1 (38); long, 1 (40); stout, 2 <39>, 1 (40),
1 (44), 1 (46); short stout, 1 (40), 1 (42). Were $30 d*97 QC
and $35, now _ jLO.OD
11 RALEIGH SUITS; imported Shetland fabrics; sport back models.
Sizes: Regular, 1 (40), 1 (42), 1 (44); short, 1 (35), 2 (37),
1 (38), 1 (39), 1 (42); long, 1 (40), 1 (42). Were $35 QC
and 540, now _ _ *4.3.03
10 RALEIGH AND HART SCHAFFNER & MARX SUITS; one and
two trouser. Sizes: Regular, 1 (35), 1 (42); short, 1 (39); stout,
2 ( 39), 1 (40), 2 ( 46); long stout, 2 (40). Were $35 to $97 QC
6 RALEIGH BENCH-MADE SUITS. Sizes: Regular, 1 (37); short,
2 (36), 1 (38); long, 1 (40); stout, 1 (40). Were $50, 85
MEN’S TOPCOATS
3 TOP COATS. Sizes: Regular, 1 (37), 1 (39); long, <M Q QC
1 (40). Were $30, now_ *10.03
2 TOP COATS. Sizes: Regular, 1 (42); long, 1 (40). I QC
Were $30 to $35, now_ _*A .03
2 TOP COATS. Sizes: Regular, 1 (37); short, 1 (34). <tOA QC
Were $35 and $40, now_ *^0.03
MEN’S OVERCOATS
7 OVERCOATS. Sizes: Regular, 2 (42), 1 (44); long, 1 <t I Q QC
(42); stout, 1 (40), 1 (46), 1 (48). Were S30, now ▼10,03
3 OVERCOATS; gabardine with lamb's wool collar and lining.
Sizes: Regular, 1 137), 1 (39), 1 (42). Were $40, ^2 j 35
9 OVERCOATS. Sizes: Regular, 2 (39), 3 (40); short, 1 QC
(40); long, 1 (42), 2 (44). Were $30 to S40, now_03
4 HART SCHAFFNER & MARX OVERCOATS, blue diagonal weave.
Sizes: Regular, 1 (39), 1 (40), 1 (42); short, 1 (40). 07 QC
Were $45, now_
DRESS CLOTHES
2 FULL DRESS SUITS. Sizes: Stout, 2 (42). Were $35, ^6 75
2 HART SCHAFFNER & MARX BENCH-MADE TUXEDOS. Sizes:
Regular, 1 (38); short stout, 1 (44). Were $55, $38 75
8 HART SCHAFFNER & MARX FULL DRESS SUITS. Sizes: Regular,
2 (37), 1 (38); Short, 1 (36), 1 (37), 1 (39); Long, 1 OQ 7C
(42); Stout, 1 (40). Were $60, now_ *07./0
MEN’S HATS
27 HATS; a famous make reduced from 6 FAMOUS MAKE HATS; 2 sire 7; 1
our regular priced stock. Light weights size 71/,; 2 sire 7%; 1 sire 7Vi. Dork
$10° now™.!-_!?___ *_°_eS_0"/ S6.85 green only. Were $7.50, now...$3.85
MEN’S SHOES
3 PAIRS, TAN NORWEGIAN CALF
SKIN GOLF SHOES; spike soles; sizes
88, 8C, 6V2D. Were $10, now $5,85
46 PAIRS STA-SMOOTH AND HAND
LASTED SHOES; Norwegian and calf
skin leather. Were $8.50 to $10,
n0" -- S6.85
105 PAIRS RALEIGH ''8'' SHOES;
scotch grain and calfskin leathers. All
sixes in one style or another. Were
$6, $6.85, now_$4.65
18 PAIRS OF MEN'S SLIPPERS; soft
soled mules and opera styles. Were
$2 50, now_$1.79
22 PAIRS HANAN SHOES; cordovan
and scotch grains; sizes, 9AA, 10AA;
8A, 8hA, 10A, 12A; 78, 7'/iB, 12B;
5hC, 6C, 6'/zC, 7C, 12C; 8ViD„ 1 ID.
Were $12.50, now_$8.85
4 PAIRS HANAN SAMPLE SHOES; size
7B only. Were *$12.50, now $5.85
MEN’S FURNISHINGS
46 WHITE SHIRTS; slightly soiled, ex
cellent values. Were $1.75 to $3,
now _ _ SI.19
106 SHIRTS; fine pima white broadcloth,
collar attached or neckband styles.
Were $2.50, now. .. $1.69
234 SHIRTS; fancies, solids, and whites.
Were $2 to $3, now — $1.69
83 NECKTIES; hand toilored. Were
$1, now --'-59c
114 NECKTIES; fine qualities. Were
$1.50 ond $2, now - 98c
93 NECKTIES; imported silks. Were
$2.50 to $3, now - $1.68
86 SILK MUFFLERS. Were $2 to $5,
now, $1 to $2.50 HALF PRICE
134 PAIRS HOSE; silk mixtures and
lisles. Were 35c and 50c, now 29c
87 PAIRS HOSE; all $1 qualities
now - 49c
48 PAJAMAS; mostly notch-collar styles.
Were $2 and $2.50, now $1.63
71 PAJAMAS; fine mercerized fabrics.
Were $2.50 and $3, now $1.99
122 PAJAMAS; fine quality sateens,
also lounge suits. Were $3.50 to $5.
now - $2.69
143 WOVEN SHORTS AND SHIRTS.
Were 75c, na*_-...—-59c
127 SHORTS AND SHIRTS; Manhat
tan, made by Robert Reis. 4 for $1.50
37 UNION SUITS. Were $1, now 79c
10 PAIRS WOOL GLOVES. Were $1 50
and $2, now_ 94c
146 PAIRS GLOVES; mocha and pigskin.
Were $2.45 and $2.95, now __ $1.99
9 SWEATERS; pullover and coat styles.
Were $3.50 to $5, now $1.75 to
$2 50 -HALF PRICE
10 LEATHER JACKETS. Were $7.50
and $8.50, now $3.75
and $4.25 - HALF PRICE
8 HOUSE COATS; wool. Were $7.50
and $10, now $3.75
and $5 - HALF PRICE
120 BOXES HANDKERCHIEFS; fancy
colored, three to a box. Were $1 59c
63 FANCY HANDKERCHIEFS. Were
35c each, now __ 5 for 79c
5 LEATHER BELTS. Were $1, now 59c
1 TIE CASE; leather. Was $2.95,
now -$1.49
11 PAIRS GARTERS. Were $1, now 59C
1 NOVELTY BOX; leather covered.
Was $5, now-95c
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