Evening star. [volume], March 22, 1937, Page A-2, Image 2

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

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HOFFMAN REPLIES
10 OR. TOWNSEND
He Can Go to Jail if He In
sists. Says Repre
sentative.
“If he Insists nn going to jail, then I
let, him go." Representative Hoffman, j
Republican, ol Michigan, said today
in reply to a sharply worded statement
from Dr Francis E. Townsend, old
age pension sponsor, in which he re
jected a proposal to suspend his con
tempt sentence
Hoffman last week introduced a res
olution proposing suspension of a
court-imposed 30-riav sentence and a
Sion fine for contempt of the House
because 'nothing would be acrom- J
phshed by Dr. Townsend going to i
Jail”
Through the Washington nflu r of
his pension bureau. Dr. Townsend,
who is now in Chicago, had this to
Bay ahnut Hoffman's proposal:
' Unless you park the Supreme
C ;r more effectually than \ou
parked vour committee. I am privi
leged to doubt that the tourt will
agree that I am m contempt' and de- !
serving of a jail sentence because I
Stood for my rights as an American
citizen.
' There are six men who served on
that committee who would not only
give' me my freedom—they would al
most. gup me their toga.—at least
their shirt;—tl I would lust pipe down
and let the entire matter drop. This
I do no' propose to do. I have been
comteted of a crime. I intend to be
absolved ot that crime or take the
consequences. ■
"I propose to know definitely I
whether or not it is legal lor a com- 1
rnttee oi Congressmen to . urp the
powers of tile administrative branch ;
r. the Government and ol tie courts—
whether they can act as accuser, pros
ecutor. uric and jury and get away
with it. when their funr in is to
obtain information relative • i legisla
tion.
"If tin y can the freedom 1 the m- 1
dividual of which we Americans have
been so joastful ha entir y disap* '■
peareri Any one ran be mnioned
before ngf of these rommttti s and by
adroit and malicious quest.ining be
made to convict himself, can be sent j
to prison for no more arieqt. *e reason ’
than his polities did not su. hts in- ]
quisitors.
"We lia-.e never questioned 'he right
of Congress to appoint in\ 'igatmg
< ommitteps. M' Hoffman, ..or their
power to inflict punishment for con
: mpt on the pat" of a wit;, ss. But
what we do question and challenge
most err.phati a"v is the right of a
committee of this kind to vent its
spleen again, t a witness and try to
brand him a . unrirrl m the eyes of
the public through the publicity that
is always at command.
'N" M Hoffman you and your
fellow ennmrtfunp:’ are elected serv
ants of th* people When you attempt
to trade plar< with your masters, the
A me r.ran pcor>. you ate gouig to be
ca'>d You ear.ro- get away with it."
"So far as anv lecre's about what 1
’ '■ - tlaee in the 'ommitter ’ Hoff
man added, j hate none. For once,
I am in agreement with the doetor—
if he wants to go to Jail, h» ran."
Vir l{ai(l
__«*r.rr;nued From First raze >
*‘s ,ph There nas a teruffic. ear
splitting detonation The first ba'ch
had struck A sigh of relief, dus’ and
smoke on the edge of town Another
deafening crash.
VVc were lurk', this time Sides of
stalls crumbled in the plaza we just i
had left Tire bombs burst like a
spurt of fire from a gigantic machine
fur., many crashes one after the other,
very Quickly.
1 was literal!" thrown off the ground. |
Chunks of adobe fell on me from the
toppling wall'. I shook m;self and
got tip
We ah raced down the streets, our
iegs pumping looking back only to
see the bombers circling heck over
the ullage We sired to an open hill
side arid threw ourselves on the
ground again and waned.
This time, fortunately, we saw the
bombers soar away. Then from the j
other side, we saw a squad ot 2S gov- |
ernment hi-motor pursuit r anes ap- !
pear Now a squad of insurgent pur- j
suit ships had joined the:: heavier
craft.
For 2P minutes the Rir was full of
40 or SO airplanes, diving, wheeling,
climbing and spraying each other
with marhmegun fire
When it. was all over we walked back
to our bus. Two sections of the town j
were a shambles. Men carried the;
wounded on blankets One victim was
taken into a doorway for emergency
first aid Fire minutes later he was
led out. his face blood-matted and
cu'
He had lost both eyes.
Memorial
CContinued FYom F’irst, Page t
ask. but state, that the imposing of
vast terraces and steps and marble |
Plies upon a swamp Is not living archi- i
tenure Architecture todav concerns !
itself with the design of space and the
use of space in relation to people and
their needs. The day of the "monu
ment" is over. A memorial can be for
mal. beautiful and still alive and of
use by the citizens as a place of re
reation and delight.
"3 We submit that no public me
morial of such importance should be
swarded without a national compe
tition. We do not know the circum
stances surrounding the selection of
Mr. Pope (John Russell Pope, New
York architect). He is titular author
of mar.v buildings of importance. So
are many other architects. We do
not—could not—question his ability.
But we do question the right of
whoever it was awarded the work to
him, to do so without giving an op
portunitv for the architectural pro
fession to express itself through com
petitive programs, both for what an
appropriate memorial should be and
for its execution.
"We wish very much to protest
against the star chamber methods that
were used. We wish to protest against
the design so arbitrarily chosen, one
which will make the United States
seem fantastic in its architectural
backwardness to all who know wTiat
architecture can be."
Meanwhile, Eames MacVeagh. di
rector of exhibits in the Housing Di
vision of the Public Works Adminis
tration, while paying tribute to the
good the Fine Arts Commission has
done here, contended that members of
that body "now stand for things as
they are, and to stand still is to go
backward.”
“If they expect us to continue to
W ashington
Wayside
Tales
Random Observations
of Interesting Events
and Things.
CRASH
Holland huntington. who
covers the taxicab front for
us. turns In a story today that
seems to have a moral. Maybe
several morals for those who have the
eyes to see.
At any rate, it is about a rimer J
whose cab suffered a broken front
bumper when a private car recently
barked into it.
"Any damage?" asked the citizen,
looking at the bumper lying on the !
pavement.
"A broken bumper," said the driver,
pointing.
"How much?” asked the citizen.
The driver named a figure, the |
nnn opened his purse and produced j
the money. After he had gone the |
driver examined the damaged item and
found that only a bracket broken.
He jammed the ends together and, sur
prisingly. they stayed that way.
They held, that is, until a few days
later when another car barked into
the cab
"Any damage?" asked the second I
citizen.
A broken bumper," said the driver, j
pointing.
The citizen took out his purse and j
paid The driver snapped the bumper
bracket together again and drove j
away.
Three more times he collected for I
that bumper in the space of a few :
days. The thing began to look like a
veritable gold mine and it might have j
turned out. that way if an observant
youngster out in Silver Spring had
been taught silence was golden.
The sixth collision involved a phy- i
Sudan's car and the medicine man
was about to pay up when the young- j
ster cut m with
"Hey, you didn't break thAt. It was
broken before. Look at those rusted
edges "
The physician was surprised, the
driver acted surprised, and no money
chanced hands.
RETORT.
Let no one be dismayed by the
absence of cocker spaniel stones
in the column for several days.
Silence is no testament of disloyalty
to the breed It shall end with the
talc of a woman u ho called a proud
cocker owner to say that. she. too.
was a fancier oj the dog and owned
the finest one m the world
Fines/-" snapped the other.
What do you mean, finest^ Bring
him out some day to see my dog
and he will die of an inferiority
complri,"
BUZZZZZ.
' j'HE two earliest butterflies of Spring
have been flying about for he
las- few days, aerording ro Austin H
Clark. National Museum biologist
Roth are striking creatures, the ob
jects of curious folklore.
The most, conspicuous is the ' mourn
ing rloak," so called because of its
large eoal-blaek wings edged with a
thin band of yellow Ii lives as an
adult all Winter, hidden under loose
bark, where it is safe from birds and
mire, and presumably can stand
i almost any degree of cold
The insect's fantastic funereal col
oration Mr Clark says, probably is
a notable element in its natural de
fense Birds seem to have an in
stinctne dread of black. The male
butterfly of this species is a bold, quar
relsome insect which patrols wood
paths along which smaller birds fly,
at a height of about fi feet, and doesn't
hesitate to dart at them The threat
ened bird usually "runs" away.
The "mourning cloak" is one of the
few butterflies which makes a noise.
It mimics the sawlike buzz of the
bumblebee, and thus frightens many
animals which otherwise would make
a meal of it.
Among the rural superstitions as
sociated with this bu'terfly in Vir
ginia and Maryland is that when one
flys into a house there will be a mar
riage in the family within the year.
Another is that to find one dead means
tears within a week. When three of
them are seen flying together it is
interpreted as a sign of death.
The mourning rloak survives in
Washington until about the middle of
May. Meanwhile, it lays its eggs,
which hatch in September. With the
coming of Winter the new generation
in turn seeks shelter under bark or
in the crevices of woodpiles.
AND—.
The other early comer is the
snow-white cabbage butterfly.
It spends the Winter wrapped in
its cocoon and emerges as a but
terfly with the first warm Spring
days, surviving as an adult through
the Summer.
It is sometimes considered a sign
of death for one to flutter about a
room, but if one lights on a per
son it is a sign of good news. In
Ireland similar white butterflies
were called ‘the souls of our
grandmothers."
CHECK
L'RANK FENTON, who played re
cently at one of the local theaters,
made a radio interview appearance
while in town, with Betty Hudson do
ing the questioning. The fact, with
subsequent, elaboration, is set, down
here with the idea that Fenton's
method might help out other persons
: stampeded by microphone misery.
1 "How did you happen to get into
i dramatics?" Miss Hudson asked.
Fenton thought for a minute, a pre
cious minute, you can be sure. At the
end of it. however, he bobbed up with
the perfect answer.
"How did you get, into radio?” he
wanted to know-, establishing as pretty
a stalemate as the ether has carried
in a long time.
Some pretty barbed talk is ex
changed between orchestra leaders
and the customers of the town's
supper houses. One of our eaves
droppers reports the following
specimen pieces:
Orchestra leader: “I’ll play you
a thing now you've never heard."
Customer: "Play anything at all
and the way you play it will make
it unrecognizable to me."
uphold them." said MacVeash. "they
must be inspired again to go forward
and to give some of our younger archi
tects a chance to make articulate this
transcendant new era of humanity."
The Pine Arts Commission has fa
vored the location for the Jefferson
memorial and the design executed
by Pope Dr. Charles Moore, chair
A
Line of Standees Forms in
Hall as Foes of Plan
Are Heard.
The firing of the opening gun in
opposition to President Roosevelt's
court reorganization plan today at
tracted an even greater rrowd to the
hearing on the measure in the Senate
caucus room than turned out to hear
Attorney General Cummings when he
appeared as the first witnesses in sup
port of the measure.
All seats in the spacious velvet
draped room W'ere taken when Chair
man Ashurst convened the Senate
Judiciary Committee at 10:30 o'clock.
Among the spectators were a number
of Senators not on the committer, in
cluding Vandenberg of Michigan.
Tydings of Maryland, Minton of
Indiana and Murray of Montana.
Senators Norris of Nebraska and Van
Nuys of Indiana were the only com
mittee members absent.
In front-row seats were wives of
scores of Senators and Representa
tives, eagerly awaiting the testimony
of the liberal Senator Wheeler of
Montana, who opened the case for the
opposition. When Wheeler entered
the hearing room, he gleefully exhibit
ed a letter from Chief Justice Hughes,
expressing the belief it should carry
great weight with the members of the
committee.
Mrs. Alice Longworth, who has at
tended several of the committee ses
sions, was among the early arrivals.
She, as well as the other spectators,
listened intently w hile Senator Wheeler
read the letter of the Chief Justice
into the record.
For the first time since the hearings
started some two weeks ago. a long line
formed outside the door to the caucus
room, these standees causing the Capi
tol police some trouble in maintaining
order when It became apparent they
would not be able to get inside the
hearing room.
•
D. C. WOMAN'S RELATIVE
TEXAS BLAST VICTIM
Fear that her half-brother. Daniel
Archer, had been killed in the New
London. Tex . school disaster last
I Thursday, was confirmed yesterdav
: for Miss Jean Grosche, 1433 R street
After trying for several days to ob
tain information, she received a long
j distance telephone call yesterday from
: another brother, who had flown from
1 Panama to the scene of the disaster.
: informing her that Archer, a science
teacher, had died in the explosion.
_
Chief Justice’s Letter
(Continued Prom Fir.-1 Pat.r i
for the six terms preceding the current term
For Terms 19.30-1933.
19.3d 1931 1932
Total cases on dockets __ _ .1.039 1.023 1.0,97
Disposed of during term ___ . 9nn 9S4 9io
Cases remaining on dockets . ... 139 139 127
Distribution of rases—cases disposed of .
Original cases .... .. a 1 4
Appellate—on merits _ _ _.. . . . 326 233 237
Petition for certiorari _ ..... 566 pn; 649
Remaining on dockets —
Original cases ... . . 16 10
Appellate—on merits . .. 760
Petitions for certiorari _ 47 so 54
For Terms 19.23-19.35.
19,33 1934 1935
Total case- on dockets _ - - ... . . .1.132 1.040 1P92
Disposed of during term... — - 1 929 93' 990
Cases remaining on docket . .... 193 199 102
Distribution of cases—cases disposed of—
Original cases . - 4 s 4
Appellate—on merits _ . 293 256 2fi9
Petitions for certiorari _ - 73.' 670 717
Remaining on dockets—
Original cases .... _ - 15
Appellate—on merits _ _ 42
Petitions for certiorari ... .. . - *-> 4’ 3*
Further Statistics Available.
Further statistics for these terms
and those for earlier terms are a'.atl
able if you desire them.
During the present term we have
thus far disposed of 666 cases which
include petitions for certiorari and
! rasps which have been argued on the
merits and already decided.
3. The statute relating to our ap
pellate jurisdiction is the act of Feb
1 ruary 13. 1925; 43 Stat. 93fi. That
act. limits to certain cases the appeals
which come to the Supreme Court as
a matter of right. Review in other
cases is made to depend upon the
allowance by the Supreme Court of
a writ of certiorari.
Where the appeal purports to he as
a matter of right the rules of the
Supreme Court trule 12) require the i
| appellant to submit a jurisdictional
statement showing that the case falls i
within that class of appeals and that
a substantial question is involved. We
examine that statement and the sup- I
porting and opposing briefs and de
cide whether the court has jurisdic
j tion. As a result, many frivolous ap
peals are forthwith dismissed and the
w-ay is open for appeals which disclose
substantial questions.
Art Limiting Appeals.
4. The act of 1925, limiting appeals j
! as a matter of right and enlarging
the provisions for review only through
j certiorari was most carefully consid
I ered by Congress. I call attention to
the reports of the Judiciary Commit
tees of the Senate and House of
| Representatives. Sixty-eighth Con
j gress, First Session. That legislation
j was deemed to be essential to enable
| the Supreme Court to perform its
proper function. No single court of
\ last resort, whatever the number of
| judges, could dispose of all the cases
j which arise in this vast country and
| which litigants would seek to bring up
j if the right of appeal were un
I restricted. Hosts of litigants will take
I appeals so long as there is a tribunal
accessible. In protracted litigation,
j the advantage is with those who com
j niand a long purse. Unmeritorious
j appeals cause intolerable delays. Such
j appeals clog the calendar and get in
the way of those that have merit.
Under our Federal system, when lit
igants have had their cases heard in
j the court of first instance and the
! trier of the facts, jury or judge, as the
j case may require, has spoken and the
I case on the facts and law has been
j decided, and when the dissatisfied
party has been accorded an appeal to
i the Circuit Court of Appeals, the liti
} gants so far as mere private interests
! are concerned have had their day in
court. If further review' is to be had
by the Supreme Court it must be ‘be
cause of the public interest in the
questions involved. That review, for
example, should be for the purpose of
j resolving conflicts in judicial decisions
between different circuit courts of ap
1 peal* or between circuit court of »p
peals and State courts where the ques
tion is one of State lav.-, or for the pur
pose of determining constitutional
questions or settling the interpretation
of statutes; or because of the import
ance of the questions of law that are
Involved. Review- by the Supreme
Court is thus in the interest of the law,
its appropriate exposition and enforce
ment. not in the mere interest of the
litigants.
It is obvious that if appeal as a mat
ter of right is restricted to certain de
scribed eases, the question whether re
view should be allowed in other eases
must necessarily be confided to some
tribunal for determination, and. of
course, with respect to review- by the
Supreme Court, that court should de
cide.
Rule Is Quoted.
5. Granting certiorari is not a mat
ter of favor, but of sound judicial dis
. cretion. It Is not the importance of
the parties or the amount of money
involved that is in any sense control
ling. The action of the court is gov
erned by its rules, from which I quote
the following iRule 38. par. 5):
"fi. A review on writ of certiorari
is not a matter of right, but of sound
I judicial discretion, and will be granted
only where there are special and im
portant reasons therefore. The follow
ing. while neither controlling nor fully
measuring the court's discretion, in
dicate the character of reasons which
will be considered:
lai Where a State court has de
cided a Federal question of substance
not theretofore determined by this
court, or has decided it in a way
probably not in accord with applicable
decisions of this court.
(b) Where a Circuit Court of Ap
I peals has rendered a decision in eon
; flirt with the decision of another
Circuit Court of Appeals on the same
; matter; or has decided an important
question of local law in a way prob
ably in conflict with applicable local
decisions; or has derided an important
j question of general law in a way
[ probably untenable or in conflict with
I the weight of authority; or has de
I cided an important question of Federal
j law which has not been, but should
| be, settled by this court: or has decided
I a Federal question in a way probably
in conflict with applicable decisions
of this court; or has so far departed
\ from the accepted and usual course
j of judicial proceedings, or so far sanc
I tioned such a departure by a low;er
| court, as to call for an exercise of
j this court's power of supervision.
[ (c) Where the United States Court
of Appeals for the District of Columbia
| has decided a question of general
; importance, or a question of substance
j relating to the construction or applica
| tion of the Constitution, or a treaty or
j statute, of the United States, which
j has not been, but should be. settled
| by this court; or where that, court has
rot given proper effect to an applicable
I decision of this court.
These rules are Impartially applied.
At Court Bill Hearing
Above Senator Wheeler of Montana, first of the opposition
witnesses at the Senate Judiciary Committee's hearings on the
court bill, is shown talking to Chairman Ashurst before today s
session.
Below: Mrs. Burton K. Wheeler 'right', wife of the Senator,
attends the hearing with a friend, Mrs. C. D Wriaht.
—Underwood Photos.
as it is most important tha1 they
should be
I should add that petitions for cer
tiorari are no! apportioned among
the justice. In all matters before
'be i evept in the mere routine
of administration, all the justices—
unless for some reason a Justice is :
disqualified or unab.e to art in a
partii ilar rase—participate in the
derision This applies to the giant
or refusal of petit.ons for certiorari.
Furthermore, petitions for certiorari
are granted if four justices think they
should be a vote by a majority is
not required in sur)i cases Even if
’wo or three of the justices are strong
1" of the opinion tha’ eertiorari should
be allowed, frequently the other jus-j
tires will acquiesce in thei. view, but
the pe’itior. is always granted if four
so vote
Work Held laborious.
Tiie work of passing upon these
application for rernorari is laborious,
but the court is able to perform it
adequately. Observations hate been
made as to the vast number of pages
of records and briefs tha: are sub
mitted in the course of a term. The
total is imposing, but the suggested 1
conclusion is hasty and rests on an i
illusory basis Records are replete
with testimony and evidence of facts.
Bu’ the questions on certiorari are
questions of law. So many cases turn
on the facts, principles of law not
being in controversy. It is only when
the facts are so interwoven with the
questions of law which we should re
view that shp evidence must i>e ex
amined and then only to the extent
that it is necessary to decide the ,
questions of law.
This at once disposes of a vast num
ber of factual controversies where the
parties have been fully heard in the
courts below and have no right to
burden the Supreme Court with the
dispute which interests no one but
themselves. This is also true of con
troversies over contracts and docu- j
ments of all sorts which involve only
questions of concern to the immediate
parties. The applicant for certiorari
is required to state in his petition the
grounds for his application and in a
host of cases that disclosure itself dis- i
poses of his request. So that the
number of pagef of records and briefs
afford no satisfactory criterion of the ;
actual work involved. It must also
be remembered that justices who have
been dealing with such matters for
years have the aid of a long and varied
experience in separating the chaff
from the wheat.
Sees fiO Per Cent Without Merit.
I think that it is safe to say that ,
about 60 per cent of the applications i
for certiorari are wholly without merit
and ought never to have been made.
There are probably about 20 per cent
or so in addition which have a fair de
gree of plausibility, but which fail to
survive a critical examination. The
remainder, falling short, I believe, of
20 per cent, show substantial grounds
and are granted. I think that it is
the view of the members of the court
that if any error is made in dealing
with these applications it is on the
side of liberality.
8. An increase in the number of
justices of the Supreme Court, apart
from any question of policy, which I
do not discuss, would not promote
the efficiency of the Court. It is be
! lieved that it would impair that effi
j ciency so long as the court acts as
a unit. There would be more judges
to hear, more judges to confer, more
judges to discuss, more judges to be
convinced and to decide. The present
number of justices is thought to be
large enough so far as the prompt,
adequate and efficient conduct of the
W'ork of the court is concerned. As
I have said. I do not speak of any
other considerations in view of the
appropriate attitude of the court in
relation to question of policy.
Calls Division Plan Impracticable.
I understand that it has been sug
gested that with more justices the
court could hear cases in divisions.
It is believed that such a plan w;ould
be impracticable. A large proportion
of the cases we hear are important,
and a decision by a part of the court
j would be unsatisfactory.
I may also call attention to the
provision of Article III, section 1, of
I the Constitution that the judicial
power of ^he United State* shall be
ON COURT BATTLE
Encouraged. He Says, After
Return From Capital
Conferences.
By tile Associated Press.
ROCHESTER. N. Y . March 22
Frank E. Gannett, publisher, and
rhairman of the Committee to Uphold
Constitutional Government, returning
from Washington last night said he
was much encouraged by develop
ments in the fight against President
Roosevelt's Supreme Court plan
"I conferred with a number of Sen
ators, members of Congress and agri
cultural leaders,” he said, "and I found
the conviction growing that the inde
pendence of the judiciary—so essen
tial to the maintenance of democracy
—can be preserved. This fight can be
won.
"In the Senate, if a vote were taken
tomorrow, the results would be so close
that no one now could accurately pre
dict the outcome.
Protests Swamp Offices.
"Protests in the form of telegrams,
letters and petitions are actually
swamping the offices of all members
of Congress. This tremendous mail is
running overwhelmingly in opposition
to the President's plan of [racking the
court. One Senator who is listed as
being with the President said he did
not see how he could tote for the plan
with his Slate so definitely against it.
He added that down in his heart he
was opposed to the bill, but as a Dem
ocrat pressure would be put on him to
side with the administration.
"Several oi the Senators said that
the administration was beginning to
turn on the heal, and was putting
into operation the most efficient and
most ruthless political machine we
ha\e ever known Not only are those
opposed to the President being threat
ened with patronage reprisals and
withdrawal of all support, for their
districts, but propaganda agents of
the Government are getting busy. In
every county in the farming States
the Department of Agriculture has
sec era! persons paid by the Govern
ment as county agents, soil conserva
tion employes or home economies
demonstrators who are actively work
ing for the administration’s plan.
Primary Support Urged,
"Because the Democratic members
of the Senate and House who are
leading the fight against the bill have
taken such a stand so deserving of
approval, I believe thev should be
supported in every wav po.>sible by
Republicans in the primaries where
the State laws permit it. and. of
course, in the forthcoming elections.
vested "in one Supreme Court" and
in such inferior courts as the Con
gress may from time to time ordain
and establish The Constitution does
not appear to authorize two or more
Supreme Courts or two or more parts
of a Supreme Court functioning in
eftect as separate courts.
On account of the shortness of
time I have not been able to consult
with tile members of the court gen
erally with respect to the foregon e
statement, but I am confident that
it is in accord with the views of thp
justices I should say, however, tha'
I have been able to consult with Mr.
Justice Van Devanter and Mr. Justice
Brandeis. and I am at liberty to sa
that the statement is approved by
them
X have the h'>nor to remain re
spectfully yours.
1 Signed ) CHARLES E HUGHES
Chief Justice of the United States
Honorable Burton K Wheeler,
United States Senate,
Washington, D C
Judiciary
(Continued Prom First Page >
rases and I had had many courts de
cide against me. But I had ne\er
entertained the ideas that the court
should be increased in number by
men who held my political and eco
nomic views.
Lauds Brandeis and Holmes.
“I repeat, again. I was shocked when
I read ihe President s message and the
' letter of the Attorney General. I
thought it was an attark on the mem
bers of the Supreme Court, partly be
cause of their age. and upon one of
the greatest of justices Mr. Justice
Brandeis. I sat at the feet of Justice
Brandeis and of that other great
| liberal, the late Justice Holmes, for
years, and to say that these men were
disqualified because of age was an in
dictment to which I cannot agree
"Liberalism has nothing to do with
' age. My late colleague. Senator Walsh
I of Montana, was 74 years old at the
j time the President, appointed him At
j torney General. Senator Carter Glass
j of Virginia, who was offered a place
in the cabinet in 1933. was then one
of the elder statesmen. George Norris,
Senator Borah. Senator Hiram John
son are among the most forward
looking men of the day It cannot
be said of them that they failed to
keep abreast of the times.”
Declaring "we first were led to be
lieve" the Supreme Court was behind
in its work and had been obliged to
neglect hundreds of appeals. Senator
Wheeler said:
"We must assume that the President
has been guided by the highest motives
| of patriotism, but it is unfortunate
that he should have been misinformed
i by the Attorney General, who was in
a position where he should have known
the facts.
Sees Liberal Movement Hurt.
' If we pack the court in the manner
now proposed, it is going to hurt the
liberal movement. It will discredit the
Democratic party. If I wanted to de
stroy the President of the United
States, I can think of no better way
than to vote to give him six appoint
ments to the Supreme Court."
Urging the constitutional amend
ment as the only satisfactory means
[ of accomplishing the desired purposes,
Wheeler declared:
"I have talked with virtually all
Senators opposed to this packing of
the court and I feel safe in saying
! they will submerge their own indi
vidual views and vote for any reason
able amendment the President will
propose "
Wheeler also voiced a scathing de
nunciation of some "official liberals"
who have been close to the President.
"I suffered for my liberalism," he
said, "and I didn't become a liberal
after arriving in Washington. There
are a lot of official liberals around
here who have and will be deserting
the New Deal ship to go over to fat
jobs with the economic royalists in the
caves of Wall street. It has been sick
ening to me to watch some of them."
The Montana Senator again ac
cused the President of expressing In
Proving Efficient
In Tests, Woman
dels Fireman Job
Ro\ U ins Over On
\
ponrnts.
fey the Assoriatrd Press
HIGHTSTOWN, N .7 March 22 —
It's Mrs. Augusta Chasm, volunteer
"fireman,” now.
A mother of a 13-year-old boy, she
was unanimously elected a charter
member of the Jersey Homesteads Vol
unteer Fire Company yesterday, along
with 14 of the so-called stronger sex.
She was nominated for the vice
presidency of the organization, but
declined to run She was content,
she said, .lust to be a fire fighter—
New Jersey's first tirewoman.
When Mrs. Chasm first applied
two weeks ago, some of the men folks
at the Federal Resettlement Adminis
tration village contended fire fighting
was not for a woman, that a woman's
place was in the home. But petite
Mrs. Chasin fought back and at a
recent, drill handled a hose alongside
a group of stalwart men. That she
impressed her opponents was indi
cated by yesterday's unanimous vole.
his court plan v iews inconsistent with
tho.se formerly held by him
•'I.et me call your attention to some
of the views of the President of the
United States—not expressed 'in the
horse and buggy days' and not after
we found ourselves in the midst of the
great depression." Wheeler said He
then quoted the following from Mr
Roosevelt's second inaugural address
as Governor of New York in 1331
""the rights of the States are ail
those not surrendered to the Federal
Government. Such rights were sur
rendered in the case of the eighteenth
amendment, but there has been no
such surrender in other matters, like
the regulation of public utilities, agri
culture. education, social welfare,
banks and insurance companies. In
such as these the Government at
Washington must not be encouraged
to interfere. The greatest possible
liberty of self-government must be
given to earh Slate, and any attempt
by the National Government to make
all possible laws must inevitably re
sult. in dissolution of the Union.
"Assume that Mr Roosevelt had
hern placed on the Supreme Court at
that time—when he held those deep
convictions. How do you suppose he
would have decided the N. R A the
A A A and some of the other New
Deal cases Could he have done other
wise than decide with a Butler or a
Sutherland1"
Tlie opening of opposition ’est;
mony aroused tremendous .nterest
and the big hearing room was crowded
to capacity with visitors long Imps
stood in the corridors, unab’.p to obtain
admission.
Senator Wheeler prefaced his state
ment to thp committee bv saving:
I want it understood th.v
statement is due to no unfriendliness
toward the President. I am more
friendly toward him. perhaps, than
some members of this rommi'tee I
have always had the very highest re
gard for the President and have at
this time I regret I must disagree
with him on this fundamental ques
tion."
( lies 19.'!2 Action.
Wheeler said he was the first mem
ber of the Senate to come out openly
for the nomination of President rtonse
velt in 1932
The Montanan said he though the
President s message and the le'tei of
the A’tornev General relating to the
court bill, refected on the Supreme
Court when it .-aid the court was be
hind in its work, and on the integrity
of the court when it said the court
would not hear appeals of litigants
1 I had my office force examine the
statements from the office of the so
licitor general and found that the
court was up with its docket. 1 also
went to a bock written by Felix Frank
furter. widely recognized as a friend
of the administration, and by James
M Landis, chairman of the Securities
ana Exchange Commission. In this
book ihe authors held that an increase
in the number of the Supreme Court
justices would tnaae it less efficient
Then I went to the one source which
knows the facts better than any one
else I ha\e here now a letter from
the Chief Justice of the United States ”
Senator Wheeler then read to the
committee the Chief Justice's letter.
The Senator himself did not haie
a prepared statement
In his testimony Wheeler said he
had believed for 20 years that working
conditions must be improved, child
labor and sweatshops eliminated and
provision made for unemplovment in
surance. collective bargaining and
equalizing the economic status of the
farmer
Cites Party Platform.
"In the last election.” he said, "it
was shown that the people wanted
these thing; done, but done in a
sane, sensible manner. I submit that
the last Democratic platform provided
the way—by constitutional amend
ment. If some of the things we now
contend for had been in the Consti
tution originally, it would never have
been adopted. Every member of this
j committee knows that is true.
"I'm no college professor, but I am
able to see. nevertheless, that the
framers of the Constitution provided
for its change by amendment and
that is the method I favor. I am
opposed to packing the court. I don't
believe the end ever justifies the
means. If it is morally wrong for a
i private litigant to pack a court to
get what he wants, then it is just as
wrong for the Government as a liti
gant to do the same thing."
Wheeler then remarked that Scn
i ator Dieterirh, Democrat, of Illinois,
who is supporting the court bill, had
opposed the legislation regulating pub
lic utilities because he thought it was
unconstitutional
"Did you ever hear me say I thought
that law w'as unconstitutional?” Die
terich demanded. "If your memory
now is no better than on that point
your testimony is not worth much,"
"Well,” responded Wheeler, "If you
didn't oppose the bill on constitutional
i grounds, you must have opposed it be
! cause you didn't want any regulation
of utilities."
Sees Speedv Amendment.
Wheeler repeated the statement he
read in the Senate Jast week from
President Roosevelt's book. "Looking
Fordward”—that adding new members
to the court only added to their
troubles.
Reverting again to the question of
a constitutional amendment. Senator
Wheeler said one could be enacted in
a matter of a few months if the
! President, with farm and labor sup
i port, would use his “great influence"
j t • that end
Expressing doubt that the appoint
I ment of new justices would accom
plish the desired end, Wheeler said:
| "I voted against Hughes aitu Stone
because I thought they were reaction
La Follette Committee
Opens Study of Records
of Kentucky Firms.
HV JOHN ( . HENRY.
Records of 16 coal and s'eel com
panies, 3 banks and 1 employers'
association functioning in Harlan
County, Ky . were laid before the T,»
Follette Civil Liberties Committee to
day as that group prepared for thor
ough exploration of the "dark cor.ti
nent" of eivil liberties In Ameriea
De'errmneri to uncover the ba'k
ground of this area, where strong
arm methods long have been the law,
the committee planned minute e\
amination of the subpoenaed records,
plus additional investigation in 'he
field, before any questioning of wit
nesses in open hearing.
The subpoenas served on the com
panies and the operators' association
called for records of arms and muni
tions purchased and now in their
possession; for expenditures in con
nection with deputizing and main
taining staffs of guards and peace
officers; the names of such guards
and officers; any records pertaining
to their activities in enacmen' or en
forcement of labor law*, ordinances
or injunctions.
The bank subpoenas railed for rer
o is of all financial transactions by
the operating concerns.
Organizations Listed.
Thp organizations under subpoena
are United States Coal A: Coke Co ,
Wisconsin Steel Co.. Bardo Coal Co ,
Harlan-Wallins Coal Co . Bonito Coal
Co. Berger Coal Co.. Blai k Star Coal
CT Pioneer Coal Co. Clover S’, :nt
Coal Co . Cooke-Sharpp Coal Co . Cor
nett-1 »vvi.s Coal Co . Harlan Collierie
Harlan Fuel Co. R C Twav Coal
Co . Green Silver Coal Co . Crummies
Creek Coal Co the Bank of Harlan,
Harlan National Bank. Firs' Stice
Bank of Harlan and the Harlan Coun
tv Coal Operators' Association
One of the subpoenaed romps me-.
United States Coal A: Coke it a sub
sidiary of United States Steel Corp,
wh > the Wisconsin Steel Co. is an
affiliate of -he International Harvest
er Co
In addi’ion. the i ommittee received
under subpoena the records of the
offire of T R Middleton, sheriff of
Harlan Countv including a list of
a! deputies sworn since January I,
1934. ai.d ah transactions in arms.
Sheriff Middleton appeared with
the subpoenaed records, at the same
time producing those of thp Green
Silvers Coal Co . of which he is
presiden’
ary They turned out to be liberals.
The liberals m the Senate voted for
Justice Roberts and he has urned out
to be reactionary.
Most of us go al .ng with our
party, but when a man is put on the
Supreme Court hr takes an oath ’o
protect and defend the Constitution,
and to do tha' he must decide que<
tions according to the dictates of his
conscience and his in’elUgence "
In response to a question bv Sen
ator Burke Democrat, of Nebraska,
Wheeler said that under the rircum*
stances he would be as strongly op
posed to the appointment of two new
justices as of six He added he
would favor an amendment empower
ing Congress after a cooling period"
to re-enact legislation over a Supreme
Court veto provided the bill of righ's
was exemp’eri
Wheeler, who consistently has
urged a constitutional amendment to
give Congress power, bv a two-thirds
vote, to override adverse decisions of
the Supreme Court, will be followed
tomorrow by Raymond Moley for
merly "chief brain truster" of tha
New Deal, and now editor of a weekly
magazine. He also has publicly ad
vocated a constitutional amendment,
contending the President's plan
'strikes at the very heart of demo
cratic government "
Opposition witnesses to follow
Wheeler and Moley include Harold
Willis Dodds president of Princeton
University: Representative Lemke. Re
pubUran of Indiana. 1936 Union
party presidential nominee, and rep
resentatives of the National Grange
The administration expected support
of the bill in a radio address tonight
by John H Clarke only living former
justice of the Supreme Court H»
will speak from San Diego, Calif, at
9 pm 'Eastern standard timet over a
Nation-wide iN B C t hook-up.
Former Gov James M Cox of Ohio
will introduce him
Pour Southern chief executives will
make addresses on the program Sat
urdav night They are Govs R W
Leche of Louisiana Bibb Graves of
Alabama E D Rivers of Georgia and
OUn D Johnston of South Carolina.
ADMITS KIDNAP THREAT
Court to Pass or Winchester
Woman's Case Thursday.
Special Dispatch :o The Star
WINCHESTER. Va . March 22 —
Disposition is to be made Thursday in
Federal Court at Harrisonburg. Va.,
of a ease in which Mrs. Roy Teets,
this city, pleaded guilty last week
to charges preferred bv the Govern
ment of sending threatening letters
through the mails to Harry Himelnght,
local business man. threatening to
kidnap his son On motion of Mrs.
Teets' attorney, the rourt granted until
March 25 for a mental examination of
the accused.
Congress in Brief
TODAY.
Senate:
Debates naval appropriation bill.
Judiciary Committee hears first
witnesses opposing court bill
Civil Liberties Committee sub
poenas Harlan County. Kv , data.
House:
Debates four-department appropri
ation bill.
Agriculture Committee resumes
hearings on sugar legislation.
TOMORROW
Senate:
Will consider routine business if
naval supply bill passes today
Judiciary Committee continue* hear
, ings on President * court bill.
House:
Resumes debate on appropriation*
bill for State, Commerce, Justice and
Labor Departments
Foreign Affairs Committee consid
ers resolution authorizing Federal par
ticipation in New York World Fair at
10 a.m
j Interstate and Foreign Commerce
Committee considers a via Mon bills,
10 a m.
Subeommiltees of Appropriation*
| Committee continue hearings on war
'and agriculture supply bills, 10 a.m.