Evening star. [volume], April 02, 1937, Page A-11, Image 11

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

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Court Reform
May Hinder
Later Cut
Amendment Is Believed
Only Means If Plan
Passes Now.
BY DAVID LAWRENCE.
MEMBERS of Congress are be
ginning to wake up to the
fact that if they pass Presi
dent Roosevelt's plan to en
.arge the Supreme Court to 15 justices
tnd if a subsequent Congress, two or
f our or six years or more hence, should
want to change it
iMrk to 9 or even
to 11 or 13. It will
be virtually im
possible to do so
without an
amendment to
the Constitution.
Usually, one
Congress hesitates
to bind another,
in fact, it is never
considered that
the power of a
subsequent Con
gress to repeal a
statute can be im
paired. But that's
David Lawrence.
what would happen if the President s
bill passes, because once the six extra
justices are appointed and the court
permanently becomes 15, no law to
reduce the size to 9 would be con
stitutional, for the reason that the jus
tices, when once appointed, must serve
for life and cannot be removed by act
of Congress.
It is assumed that Mr, Roosevelt
would appoint six young justices. There
1 are six of the present nine justices
who are above 70, but if they should
live on as did the late Justice Holmes
until their 90th birthdays, the court
would remain at 15. Chief Justice
Hughes has written Senator Wheeler
that the efficiency of the court would
be impaired with 15 justices. Today
his comment constitutes a supposition
based on experience, but if the plan
should actually go into effect and his
view is corroborated, there would be
no simple or practical way to get the
court back to nine members.
Amendment Might Be Fought.
It might be argued that a constitu
tional amendment might be offered to
sanction the removal of justices al
ready on the bench, but such a pro
cedure would hardly win public ap
proval as it would be so palpably per
sonal and aimed at particular justices.
In the event a justice died, the Presi
dent might refrain from filling the
vacancy, but then the court would be
evenly divided while the country
waited for a second justice to pass on so
that an odd number might be attained.
The more the President’s proposal
is studied by members of Congress,
the more sentiment grows for a sim
ple amendment to the Constitution
compelling retirement at 75 and pro
viding for retirement of two justices of
the present court per year from those
already above the age limit suggested
*o that the court would not be dis
rupted by too many changes at one
time.
Incidentally, the letter of Chief
Justice Hughes about the efficiency of
the court being impaired by making
15 justices decide each case made a
profound impression. In some quarters
there was a disposition to inquire
whether Mr. Hughes had not, in ef
fect, rendered an advisory opinion
when he called attention to the fact
that the Constitution authorizes "one
Supreme Court” and not a court con
sisting of two or three divisions or
panels to hear different cases.
Actually, what Mr. Hughes has said
does not constitute a precedent, be
cause the members of the judiciary
have always expressed freely to con
gressional committees their opinions on
legislation specifically affecting the
judicial branch of the Government.
They have never offered advisory
opinions, even when requested, on
other types of legislation and there
is reason to believe that they feel it
would be unconstitutional to do so.
A study of various opinions already
handed down by the Supreme Court
indicates that Vle highest court feels
It can function only in specific con
troversies or lawsuits growing out of
laws already passed which appear to
the litigants to involve a loss of con
stitutional rights.
Advisory Opinions in Record.
The real advisory opinions rendered
by the Supreme Court are those which
are already in the records and which
can be read again and again and sub
stantial advice obtained therefrom.
Senator Schwellenbach of Washing
ton feels that the Supreme Court
should render advisory opinions at
all times when Congress asks, but
judging by the unanimous opinion
handed down by the court in the
N. R. A. case, even the advice con
tained therein was of no avail when
it came to consideration by Congress
of the Guffey coal bill. So it is difficult
to see what purpose would be served
by advisory opinions before legislation
is enacted when so little attention
is paid by Congress to opinions ren
dered in lawsuits arising after the
bills become law.
The moet practical plan is one sug
gested by the late James M. Beck,
an eminent constitutional lawyer, who
thought there ought to be a toint
committee of Congress to which both
the Senate and House might refer to
• get opinions on points of doubtful
constitutionality arising in proposed
legislation.
The oourt controversy is progress
ing to the point where it may be
gaid that a constructive solution will
Ultimately be found. The opposition
to the President's bill is substantial
gnd, while on a counting of noses it
Is not enough to defeat the plan,
nevertheless it Is doubtful whether,
under the circumstances, Mr. Roose
velt would wish to keep the contro
versy alive until the 1938 campaign
gnd split his party when alternative i
proposals are available on which a
majority in both Houses would agree.
Smith Made Impreeeton.
Thus It appears that a constitu
tional amendment to compel retire
ment of justices at 75, with provision
for staggering the retirements, would
probably include a clause definitely
fixing the size of the court at nine.
Dean Smith of Columbia University
Law School, who voted for Mr. Roose
velt in 1932 and 1936 and is sympa
thetic with the New Deal, made a
deep impression on the Judiciary Com
mittee of the Senate when he con
firmed the view expressed often hither
to that the people alone, and not
Congress, should decide whether the
Supreme Court should be enlarged
or diminished in number. It will be
recalled that this correspondent a
fortnight ago referred to the fact
that more than three-fourths of the
States of the Union do not grant their
respective Legislatures the power to
fix the size of their highest court,
but instead provide for a definite num
* ,
News Behind the News
Wheeler Reveals Proposal to Him 15 Months Ago
to Offer Court Increase Bill.
BY PAUL MALLON.
SENATOR WHEELER has been saying some unnamed parties came to
him 15 months ago and tried to get him to Introduce a bill increasing
the Supreme Court to 15 Justices. He has never identified the parties,
but he came rather close in Senate debate the other day, when he said:
“I said then to those who brought it (the bill) to me, ‘If you take this
issue into the campaign, from a political standpoint, it will ruin you.’ I
said further, ‘You will have every church leader in the United States
against you.’ I was approached again later in the Spring, and I told them
the same thing.
“The bill then brought to my attention was not the identical bill now
pending, but one to increase the Supreme Court permanently to 15.”
Senator Wheeler did not need to mention names to his senatorial
colleaeues who knew his inseparable associates last session were President
Roosevelt’s unofficial Attorney Gen
eral, Tom Corcoran, and Ben Cohen.
The three were working very closely
together on the holding companies
bill. The one who asked Mr.
Wheeler to sponsor the bill was
Mr. Corcoran, If good memories can
be relied upon. The draft of the
16-judge bill, however, was under
stood to be the result of their
joint labors.
LOOKS' riH
LIKE ANOTHER .
CORCORAM
) /Supreme
some senators wiui ukwuc m- fbaf
formation have gone as far as to say, without mentioning Wheeier, that
Gen Corcoran and Gen. Cohen are the sole authors of the pending proposal.
* * * *
Available evidence indicates they probably were the instigators of the
' 15 idea, but are not the sole authors of the plan.
The program as laid down by the President really seems to be a
combination of several separate plans, which Mr. Roosevelt himself per
sonally put together with the aid of Judge Rosenman of New York and
the Justice Department. The original Corcoran-Cohen plan, for instance,
would merely have authorized the President to appoint six new Supreme
Court justices, whereas the President has altered that proposed method by
making it contingent upon the failure of present justices to retire, and
thus giving it a temporary tone. . , .
Origin of the idea for creation of 50 more lower Federal courts
uia* apparently independent. It may be traced to an unpublished
report, presented to the House Judiciary Committee last Summer by
Federal Judge Denman of San Francisco. This report also con
tained the recommendation for a proctor to function between the
Supreme and lower courts, but did not suggest tampering with the
Supreme Court. S. E. C. Chairman Landis worked privately on
this phase of the program for the President. So did the nominal
Attorney General. Mr. Cummings, who contributed all statistics
upon which the President’s message was based. Judge Rosenman,
the President’s friend and personal counsel, is supposed to have
helped to round out the plan in the message.
This may not be the whole story, but it is the best to be pieced to
gether at this time, in the face of the official Insistence that the plan was
entirely the workmanship of the Justice Department and the President.
* * * *
Pomp reared its silk hat higher than usual for the visit of Lord
Tweedsmuir, Governor General of Canada. One reason is Mr. Roosevelt
was given such a reception on his recent Canadian visit, he did not want
to be outdone.
There are three other reasons which may appease the wonder of news
readers at the extraordinary social gayety of the occasion: (a) The St
Lawrence waterway treaty will require much friendship to revive it; (b)
They Didn't
leave AThiNIt
traae treating wiwi
Canada is involved in many deli
cate new’ problems, and (c) the
British naval building program is
beginning to be regarded more seri
ously by the Navy than at first.
The basic International policy
of this administration is that
friendly personal acquaintanceship
must be established among states
men of the world before anything
can be accomplished for peace,
iuutll^e ui uaur. mat luca 13 ivii. iwuacvuta uwu, awu m»«u*
mously approved even by the Senate and the Supreme Court.
* * * *
More sub-cellar military conferences are going on around the War De
partment these days than since the World War. They are not the usual
routine meetings of the general staff, but highly technical discussions in
which experts from military intelligence are called in to report, presumably
on such subjects as the Spanish war, British, Italian. German moves in the
Mediterranean and the semi-secret war preparations being made in Europe.
So secret are these meetings that young commissioned officers are as
signed to go through the waste baskets afterwards to make certain that no
casual scrap of revealing memorandum has been thrown aside.
* * * *
Some Government employes have been talking matters over, and you
may be sure, if they ever decide to express collectively in a mass protest, It
will be a “stand-up strike.” The Lewis method lacks novelty for political
workers.
(Copyright, 1937.)
ber of justices in the Constitution of
their States so that a vote by the peo
ple on this specific issue is required
before changes can be made.
Dean Smith struck at the idea of
“packing” the court or seeming to
pack it. The “packing'’ idea has been
advanced by some proponents of Mr.
Roosevelt’s plan on the ground that
Republican Presidents packed the
court with reactionary judges. But
such argument fails to take into ac
count that it was a Republican Presi
dent, Herbert Hoover, who nominated
Justice Cardozo, and it was an ultra
conservative President, Calvin Cool
idge, who nominated Justice Stone,
both of which justices are quoted con
stantly by liberals as being the type of
justice they like to see on the bench,
(Copyright, 1937.)
• Sugar Consumption in Reich.
More than 6,600 tons of sugar was
used by mineral and table water pro
ducers in Germany in the last 12
months.
FOUR TO GIVE TALKS
IN CRUSADE ON WAR
Voorhis, Dr. W. A. Abernethy,
Miss Jeanette Rankin and Dr.
Brunauer to Speak.
Representative Jerry' Voorhis, Dr.
W. S. Abernethy, Miss Jeannette
Rankin and Dr. Esther C. Brunauer,
all of Washington, were announced
today as scheduled speakers in the
no-foreign-war crusade of the emer
gency peace campaign.
The crusade is scheduled for open
ing Tuesday with Nation-wide broad
casts by Mrs. Eleanor Roosevelt, Ad
miral Richard E. Byrd and Dr. Harry
Emerson Fosdick.
Mass meetings and rallies are
planned in more than 2,000 cities and
communities. Thousands of churches
wdll refer to the crusade in seremons
on April 11, dedicated as “No-Foreign
War Sunday” by the organization, It
w'as said.
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 be contradictory among
themselves and directly opposed to The Star’s.
Labor Act No Gure-All
Industrial Troubles Rooted in Worker Resistance
and Competition.
BY DOROTHY THOMPSON.
1WI8H I could believe that Sena
tor Wagner's analysts of the causes
of labor troubles and sit-down
strikes really covered the situa
tion,, because If It dicf everything
would be relatively simple. Senator
Wagner says that "the lack of power
in me mirmi ,
Oovemment to
enforce the na
tional labor rela
tions act ... Is
the root cause of
economic war
fare. Let the
Federal Govern
ment have the
power and the
determination to
enforce the law
on a Nation-wide
scale and we
shall have, on a
Nation - wide
scale the methods
Dorothy Thompson.
of Justice and peace.
The strikes, according to Senator
Wagner, are occurring because the
worker Is deprived of the right to or
ganize and bargain collectively and
are used “only in protest against re
peated violations of industrial liber
ties.” The Senator spoke of "the or
ganized, calculated and cold-blooded
sit-down against the Federal law by
a few great vested interests.”
According to the Senator, you have
on one side millions of workers anx
ious to organize and on the other
employers trying to prevent them and
the law, which would safeguard the
workers’ rights, flaunted and in sus
pension.
vague in meaning.
But that description utterly falls to
fit the situation. The words “organ
ize and bargain collectively" may
mean many things. They may mean
an organization confined to a single
plant. The labor relations act forbids
management from interfering in any
way with a labor organization, but It
does not definitely, outlaw the single
plant union which may have no out
side affilations.
Hundreds of such employes’ organi
zations exist in this country. They
are thoroughly disapproved of on or
thodox trade union principles, but
wherever they exist there is, or may
be, a vested interest in their contin
uation which is not confined to the
employers. They have officers and
memberships. Sometimes the whole
union goes over to the C. I. O.—John
Lewis' organization, but sometimes a
rival leader among the workers starts
a C. I. O. union, and then there is
conflict, not between employers and
workers in the first line, but between
two sets of union leaders, each with
an interest as boss and leader to pre
serve.
Or the words "organize and bar
gain collectively’’ may mean an in
dependent, international trade union
along craft lines. The A. F. of L.
has not been outlawed and in many
industries it will contest the C. I. O.
Here again the employes are not
alone involved with their employers.
There is a competition between rival
labor organizations and rival labor
leaders for power. Each of these
rival labor organizations and leaders
will bring pressure to bear on the
workers and employers, and it has
happened within the past few months
in at least one strike that the A. F.
of L. threatened to call a strike if the
management yielded to the C. I. O.
strikers in the same plant.
Strike in Better Industries.
Nor can these strikes be laid down
in the first line to bad working con
ditions, inadequate wages, overlong
hours, or any other purely economic
complaints.
This is a natural and astute thing
for Mr. Lewis to do, because these are
the industries where he has the pos
sibility of making a showing. But,
again, what Is happening is a contest
for power; it is not just a fight to
overcome intolerable working condi
tions. It is a contest for power in rich
industries, on a rising market and in
many cases a contest between various
types of union organization. Such a
contest can only be resolved by a
demonstration of power, and a strike
"Boy_wouldn't I trade all this desert romance
for one cup of good old JVilkins Coffee ...
i
la tne one conclusive way to make
that demonstration.
In the R. C. A. strike, for Instance,
last Pall, the management stood from
the outset on the labor relations act
and offered Mr. Lewis immediately a
free and secret election under the
auspices of the Labor Board to de
termine whether he had a majority.
This Mr. Lewis declined. Wage and
hour issues were open to negotiation
from the outset. Nevertheless the
union pulled a costly strike because—
Mr. Lewis was candid enough to ad
mit—the only way he eould get the
workers organized was to get them
into a strike.
This simply means that the pic
ture of workers rising spontaneously
and demanding, as a mass, unioniza
tion according to any one pattern is
pure popycock.
Unions have to be organized. Given
half-way normal conditions of wages
and employment, the mass of the
workers do no spontaneous rising at
all. On the contrary, they often re
sist union organizers.
They don’t like to pay dues; they
don’t have faith in the union’s power
to get them a great deal; they often
resent restrictions put on them by the
unions; they don’t like to risk being
called out, perhaps, on a sympathetic
strike to fight for some interests not
directly their own, and very often
they don’t trust the self-appointed
union leader.
They join unions when union organ
izations and union sympathizers do
two things; make a demonstration of
power which impresses them; and,
secondly, make it extremely uncom
fortable for them to hold out against
unionization.
Old Tactics.
These, of old, have been trade
union tactics, not only here but
everywhere else. And it is quite im
possible to see how the labor rela
tions act will prevent them being used
in the future. Unless, of course, the
Government is prepared to sponsor
one kind of trade unionism, insist
that all workers join that particular
type of workers’ organization, and
see to it that both employers and
employes comply.
As long as there is resistance among
the workers, if only the resistance of
inertia; as long as there are com
peting organizations, and competing
leaders, there will be labor troubles,
and the Government cannot stop it
without a kind of intervention that
no democratic government can use.
After all, the Government could not
settle the maritime strikes easily in
a field where it has complete juris
diction. It is misleading and dem
agogic tp suggest that if the labor
relations act is declared constitutional
labor disagreements will be finished
forever and overnight.
(Copyright, 1037.)
*
British Might Accept American Proposal for New
Armament Conference.
v
BT CONSTANTINE BROWN.
ORMAN DAVIS’ good-will calls at the foreign office In London
have not been received aa coolly as reports from the British capital
Indicate.
He had no definite proposals to make; that Is to aay, he has
nothing new to offer. The possibility of an international limitation of arms
conference has been discussed since last Fall, unofficially between Wash
ington, London and Paris.
The idea of a heads-of-statea conference was received at ftrat enthusi
astically; then, the enthusiasm began to dwindle when It became obvious
that Hitler and Mussolini would
want “something” before they
agreed to curtail their rearmament
programs. That “something” was
In the shape of Colonial demands
from Hitler. Mussolini would have
11 Iced to see the British lees active
In the armament field. Both dic
tators looked suspiciously at Presi
dent Roosevelt’s endeavors to bring
about a halt to the dance of bil
lions for arms and ammunitions.
They suspect him of be mg Diaaea against xwubouuiu “
than sympathetic towards the British and the French.
But, II Duce and Der Fuehrer might have been willing to take a
chance—a status quo In armaments would have been advantageous to the
dictatorships because they are better armed than the European democra
cies. This the British realized and proceeded to rearm as never before.
France has Joined whole-heartedly In the race as Great Britain s stable
mat* Davis is surveying the European scene where the props for the
final drama are rapidly being prepared.
There ii no doubt that Eden and Blum will talk frankly to
Mr. Roosevelt's personal ambassador.
A limitation of arms conference, while Hitler and Mussolini are de
fiant, they will say, Is out of the question unless. . . .
What that "unless” means is easy to understand. The American
Government la obviously In sympathy with the European democracies
despite their faults on war debts. The administration is doing its best to
assist them unobtrusively. . .
Should President Roosevelt, Davis will-be given to understand,
find some means to change this impression in Rome and in Berlin
there might be a chance to summon, some time this year, a limita
tions of arms conference.
Davis has been unfortunate In the past as a negotiator for good will
and harmony among the European people. He was particularly unfortunate
In October, 1933, at Geneva, when there was a splendid chance to bring
about a real limitation of armaments.
¥ ¥ ¥ ¥ t
Lord Tweedsmuir. the Governor General of Canada, Is in Washington
on a purely unofficial visit. So at least the official statements read.
But it is doubtful whether a man of Lord Tweedsmuir’s intellect
mil be satisfied with exchanging generalities and diplomatic plati
tudes with Mr. Roosevelt.
The Governor General of Canada would be soon forgotten by the
people if he were Just ordinary Lord Tweedsmuir, the lieutenant of the
King of England in the Dominion of Canada. But he is John Buchan,
author of the “Green Mantle," the author of "Oliver Cromwell” and some
other 30 books, best sellers in Great Britain and here.
And strange as it may seem, he himself does not take much stock in
ms newr omciai position, nr is
prouder of his work as an author
and a newspaper man.
And because he is a former
newspaper man and a political and
Action wTiter he will not be able
to refrain from discussing with
Mr. Roosevelt the present unfor
tunate state of the world. The two
men will be able to talk freely on
the general situation and what may
De aone to relax me pressure, me
President will feel free to talk to John Buchan off the record.
It is not through the usual diplomatic channels that exchanges
of views occur these days, but through such conversations as the
Governor General of Canada and the President of the United States
have these days.
Of course, Lord Tweedsmuir has no right to engage Canada to any
definite policy. He is a mere figurehead there. But he is a high official
of the British Government with a good deal of authority, and as such
might become a most useful letter box between the White House and
Downing street.
Headline Folk
and What
They Do
Count Alfieri Hits Press
"Villification” in
Spanish War.
BY LEMUEL F. PA.RTOV.
HE adroit Count Dlno Alfleri,
Italian minister of propagan
da, is now discharging ene of
the most difficult tasts of re
cent European statesmanship in tell
ing foreign reporters about Italy'* pol
icy in Spain.
He says Italy’s volunteer* have
rushed into Spain “with the elan and
dash of the Fascist faith.” The stories
that they were somewhat regarded in
their heroic advance he ascribes to
"Russians sources.” The rebel govern
ment, he’adds, already has disposed
of these canards. Count Alfleri re
gards the press references to "a second
Oaporetto” as in particularly bad
taste. But he proclaims Italy’s calm
Indifference to the foreign "press cam
paign of villiflcation."
It was Count Alfleri, a personage of
great dignity, power and distinction in
Italy, who organized the tin whistle
and mechanical Bronx cheer cam
paign against Haile Selassie at Geneva
last August. This coup by the
Italian press section shook up the
stuffy old League of Nations a lot,
being a reminder that the vigorous,
new, expanding and imperial Italy
knew how to refute slanders. At about
the same time, Karl Grelser. the Dan
zig Nazi leader, showed similar re
sourcefulness in his historic nose
thumbing gesture toward Geneva.
Both diplomats won thunderous ac
claim at home, but most of the laurel*
were Italy'*, as obviously the me
chanical raspberry clearly outpointed
Germany's mere hand technique, and
that means a lot in a mechanized,
modern state.
Count Alfteri is particularly xealoua
in making a good showing in the
American press, and it was reported
at the time that the claquers and
tin whistles were devised as something
right on our target—that the count
was sure he would appreciate this
new note of abandon in the League
discussions. Abroad his gesture was
possibly misunderstood and somewhat
deprecated, but it won resounding ap
proval at home, and, it is indicated,
greatly advanced Count Alfieri's for
tunes. It had been reported that up
to that time the count was slipping
and that Mussolini had called him to
account for ineptitude in dealing with
the foreign press. But it is stated to
day that he has the full and unques
tioning confidence of II Duce, and he
is now intrusted with the official
rationalization of Italy's effort to save
Spain from her own evil ways.
He is of an ancient Italian family,
of imposing dress and stature, active
in Fascist propaganda for many years.
He is a facile writer and speaker
and is intrusted with many important
missions, as when he conferred with
Paul Joseph Goebbels, German propa
ganda minister, at Venice last Sum
mer on the propaganda preliminaries
I of the "Berlin-Rome axis."
(Copyright. 1937.)
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