Evening star. [volume], April 02, 1937, Page A-5, Image 5

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

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AJ I. C. C. FE1E
Roosevelt and Wheeler Mes
sages Touch on Re
vamping Plan.
The Supreme Court issue invaded
a new forum last night when the
semi-centennial celebration of the
Interstate Commerce Commission re
ceived messages from President
Roosevelt and his one-time ally,
Senator Wheeler, Democrat, of Mon
tana. now a leader in the fight on
the President's plan to revamp the
court.
Without directly mentioning the
court, President Roosevelt in a let
ter read by Commission Chairman
Carroll Miller emphasized his belief
that a liberal interpretation of the
Constitution is necessary to meet
changing conditions. He said that the
commission is ‘'fortunate” that this
has been the guiding principle under
which it has functioned.
Wheeler declared the plan to change
the court threatens its independence,
and served notice that he proposes
also to fight the governmental reor
ganization program advanced by
President Roosevelt which would
subordinate the Interstate Com
merce Commission and similar
agencies to cabinet control.
Text of Roosevelt Letter.
The text of the President's letter
follows:
“When one takes account of the
good work dom by the Interstate
Commerce Commission since its cre
ation 50 years ago one smiles at the
dire predictions made by certain
obviously selfish interests when the
law providing for the regulation of
Interstate commerce was enacted.
“The president of a great Eastern
railroad declared the law would de
preciate the Western farm lands by
one-half. On the Pacific Coast another
magnate predicted a panic. This
prophecy was re-echoed by another
railroad president in the Middle West
and, not to be outdone by his brother
prophets, yet another great railroad
executive foresaw the ruin of our
foreign and domestic commerce.
Fossils Always With Vs.
"Those were the opinions of hold
overs from the old ‘public-be-damned’
days—economic fossils which, like the
poor, are always with us. Of course,
none of these dire prophecies was
fulfilled. On the contrary, the rail
roads and the country went forward
to happier and more prosperous times.
“The program for the semi-centen
nial exercises of the commission is
a full one and its mere persusal shows
Its diversified usefulness in the 50
years during which it has been func
tioning. I want to congratulate the
present members of the commission on
the performance of duties which have
fallen to them in difficult times. With
singular ability and foresight tney
have met the problems which have
confronted them. Their opportunity
for constructive service is as great
today as when Grover Cleveland
named the first Interstate Commerce
Commission in the Spring of 1887.
■'I am reliably informed that when
the founding fathers created that
social, economic and political system
of government, which they hoped
would be a permanent charter of
liberties, they were wholly ignorant
of the terms 'railroads’ and automo
biles,’ for the very good reason that
the first did not come into existence
until half a century later, and the
second were not manufactured until
over a century later. The Interstate
Commerce Commisison is, indeed,
fortunate that inetrpretations of our
charter of liberties have allowed it
to function during the past half
century, through recognition of the
fact that an obviously national need
can be met only through obviously
national action."
Wheeler Message Is Read.
Wheeler, chairman of the Senate
Interstate Commerce Committee, was
out of the city, and his address was
read by another Democratic member
of the committee, Senator Minton of
Indiana.
The dig at the court plan came in 1
the course of a discussion of the com
mission's present status. He recalled
that Commissioner Joseph B. East
man, in a recent address, had said
that the President appoints the com
mission's members, but otherwise has
no more control over its acts than over |
the deliberations of the Supreme
Court.
"Mr. Eastman may still be of the
same opinion, but if certain pending
proposals are adopted I fear he might
be forced to find himself another and
more striking analogy than that of I
the Supreme Court.” the Montanan j
said.
When applause greeted this state
ment, Minton interjected:
"May I recall that these words are
Senator Wheeler's—not mine. I do not
share bis fears, nor join in his lamen
tations.”
Would Preserve Independence.
On the subject of departmental re
organization, Wheeler said he is “un
alterably opposed to diminishing the
independent, bipartisan character of
the Interstate Commerce Commission
or of similar independent agencies by
placing them under executive domina
tion, indirectly, as has been the case
through budget control or directly as
In a pending proposal.”
The court and reorganization also
were referred to by Representative
Rayburn of Texas, the Democratic
lea dr _
mjdeclared the court's opinion iril
the celebrated O'Fallot, valuation case
forbade the commission, in effect, to
find how much capital is really em
ployed by the railroads.
“This opinion.” he continued, “had
the unfortunate result of striking
down in a moment the effort through
an entire generation to work out a rule
which would protect the Investors on
the one hand and the users of railway
service on the other.”
As to reorganization, he said, “I do
not believe that anything is contem
plated which would interfere with this
Independent status of the commis
sion." Apparently then, as an after
thought, he added: "At least-, I
hope not.”
Lea Advocates Amendment.
Another speaker at the meeting,
which was held in the Government
auditorium, was Representative Lea,
Democrat, of California, chairman of
the House Interstate Commerce Com
mittee, who, with obvious reference
to industrial regulation, said that "if
the demand to expand the interstate
commerce clause (of the Constitu
tion) to include the successive steps
of commerce all the way from produc
tion to consumption is to be gratified,
and we arc to adhere to the orderly
processes of the Constitution, its
amendment for this purpose will be
required.
Commissioner Balthasar H. Meyer,
^ *
i "I, — I M.
6Hide and Seek9
Marriage Has
Bride Worried
I *
Police Find Husband
in Penthouse—He
Phones ‘Sit Tight 9
UT tne Associated Press.
HOLLYWOOD, April 2.—Twice-wed
Mrs. Nan Pierson Brooks Macy Brill
of New York society was bewildered
today over "this hide-and-seek" with
the millionaire she married five davs
ago, but hasn’t seen for the last four.
She appealed to police to find her
husband. William Hunsaker Brill,
wealthy sportsman. They reported they
found him—but he got in his car and
drove away.
Said Mrs. Brill:
"He telephoned last night at 9
o'clock and told me to ‘sit tight.’ If
it’s all an April fool joke, this hide
and-seek, then I hope it's funny to
some one. It's not to me.
“There are lovely wedding gifts and
messages arriving here from friends in
the East. They’re really quite em
barrassing in the present situation.
"I den t understand what has hap
pened. But whatever it is, I know Bill
and I love each other, nevertheless.”
Diverced 3 Years Ago.
Mrs Brill is the daughter of Wil
liam Earl Brooks, steel executives, and
Mrs. Jewell Brooks, New York Society
figure. Her first husband was George
Henry Macy. New York wholesale tea
merchant. They were divorced three
years ago.
The 24-year-old young woman mar
ried Brill, a University of Southern
California graduate, at Yuma, Ariz.,
Monday.
Climaxing a three-month courtship,
the 25-ycar-old man-about-town made
such a hurried trip that a 10-cent
ring served for the ceremony. How
ever, the bride assured. Brill replaced
it "with something more appropriate”
the next day.
Then, she said, he left her in a hotel,
promising to rejoin her at dinner that
night.
Located in Pent House.
“I haven't seen Bill, in person,
since Tuesday, but he keeps telephon
ing. apologizing for breaking our ap
pointments, and saying he loves me
very much indeed," she said. Last
night she appealed to police to find
him. Two detectives. J. L. Dwight
and J. A Page, said they located him
in an apartment building pent house,
but he drove away in an automobile
with the parting statement: "I most
assuredly am a missing person."
"I don't understand what is keeping
Bill from me. for I know he loves
me," she said after police reported
results of their quest.
"There was no quarrel. His parents,
Dr. William Brill and Mrs. Mar Hun
saker Brill, have been perfectly
charming to me. They haven't seen
him. either."
ARRESTED 32 TIMES
George L. Collins, colored, 418 U
street, who was fined by Judge John
P McMahon in Traffic Court yester
day $10 for speeding and $100 for
hacking without a permit, with an
alternative of 55 days in jail, has
been arrested 32 times on traffic
charges since 1932, according to a
record presented in court.
Motor Cycle Policeman Charles R.
Rabbitt arrested Collins yesterday at
Thirteenth and K streets. Among the
arrests shown on the record are seven
offenses of hacking without a license.
who presided, related the commission’s
history and remarked:
“This is the structure which 50
years’ of experience has created.
Shall it continue? The answer to this
momentous question must be given by
you who honor us this evening with
vour presence on the speakers’ plat
form and by your associates in both
Houses of the Congress.
"And when you come to consider
the answer I believe you will, before
reaching your conclusion, hear those
w'ho have a right to be heard, sift and
winnow, weigh and balance al^ the
evidence as you and your predecessors
have done for these 50 years.”
Last nightjs program wound up a
two-dav observance of the fiftieth
anniversary of the commission's
founding, which was marked by
pointed criticism of the reorganiza
tion plan by prominent figures in the
transportation industry who partici
pated in the program.
METHODIST GROUP
HITS COURT PLAN
Wilmington Conference As
sails Transitory Nature
of Proposal.
By the Associated Press.
SALISBURY, Md„ April 2—The
Wilmington Conference of the Meth
odist Episcopal Church yesterday
adopted a report containing pointed
criticism of President Roosevelt's plan
for reorganizing the Supreme Court.
The vote for adoption was 78 to 8.
The report was presented by Dr.
Frank Herson of Milford, Del., for
the Social Service Committee. After
preliminary discussion of the Supreme
Court plan, it said:
“There is one criticism that may
fairly be made of the President's pro
posal, and that is its transitory na
ture. It lacks permanency. It is a
temporary expedient and belittles a
tribunal to which all law-abiding citi
zens look for their ultimate protec
tion.
Favors Amendment.
“The Constitution is our funda
mental law. It has been amended
before, it may be amended again.
The way to make progressive legisla
tion proof against attack is to amend
and clarify the Constitution.
“To pack the Supreme Court against
the Constitution is to shatter demo
cratic methods and defraud the peo
ple, whose liberties are at stake.
“This momentous problem with
which this Nation is now faced does
not concern personalities. No Execu
tive, whoever he might be, should be
granted authority to exercise control
over the Supreme Court.
Points to Europe.
“Autocracy, despotism, tyranny are
inevitable sequels to the breakdown
of democratic government, as the
dictatorships of Europe have proved
beyond question. Our Constitution
and our Supreme Court should be
protected from any despotic and de
structive process.”
The report also censured child labor,
putting it alongside "war and in
toxicants as one of our greatest evils
of our day.” It set forth the Methodist
Church long had been a champion of
social reform and condemned a social
system putting control of life's neces
sities in the hands of a few.
On social reform, it said:
“The recent action of large cor
porations raising wages and short
ening hours of labor are not to be
wholly attributed to labor groups. We
do not admit that any political party
or labor group has a mortgage on
collective bargaining, social security
or any other good social ideas.
System Held Wrong.
“Back of all these reforms stand
the holy Bible and the church of
God. The Methodist Church was
crusading for these betterments be
fore John L. Lewis was born and his
sit-down strikers were ever heard of.
“Thoughtful people everywhere
realize that the present system which
gives a few men uncontrolled pos
session of the processes by w hich so
ciety is clothed, housed, transported,
warmed and fed is morally wrong.
“Such a system must either be al- j
tered or supplanted by another to
save society from catastrophe.”
The conference, embracing Dela
ware and the Eastern Shore of Mary
lapd, earlier had approved by unani
mous vote the plan for unification of
the three branches of Methodism in
one church.
Judiciary
(Continued From First Page.)
cago lawyer, whether he. as an ex
pert on the subject, thought Congress
could control such strikes under con
ditions as they now exist.
“In my opinion,” Dodd said, "the
Supreme Court has said Congress now
has the necessary power If the strike
affects the free flow of commerce.”
Burke said he sought the informa
tion because It had been suggested
Congress should outlaw sit-down
strikes at this time.
Three suggestions for constitutional
amendments to obviate any reason
for packing the Supreme Court were
submitted to the committee by Wal
ter F. Dodd, Chicago lawyer.
Committee members listened atten
tively to Dodd's suggestions, although
it has been announced they will make
no effort to agree on a constitutional
amendment until after the fight on
the Roosevelt court bill is settled.
There was no recurrence of yester
day’s quarrel over the possible use of
relief funds to influence votes on the
court bill as the committee members
took their seats.
Advance Suggestions.
After dismissing his preference for
amending the constitution instead of
packing the court, Dodd advanced
these suggestions:
“(a) A constitutional amendment
dealing with the subject of retirement,
which is the primary issue before this
committee. Such an amendment may
well require retirement at 75, but
should be so phrased as not to permit
a substantial replacement at one time
of present members of the court. Such
an amendment may, if it is desired,
include a requirement of concurrence
of two-thirds of the members of the
court to hold a Federal or State statute
violative of the Federal Constitution.
If consideration is given to a proposal
to require concurrence by more than
a majority to hold a State or Federal
act invalid, study should be made of
possible confusion likely to result from
such a provision, and if more than a
majority is to be required, the number
of judges should be specified in the
Constitution. In considering retire
ment at 75, it should also be borne in
mind that such a requirement would
have meant substantial loss to the
court in some instances in the past
and will mean similar loss in the fu
ture.
"(b) Constitutional changes en
larging the powers of the National
Government.
"(c) A constitutional definition or
restriction of ‘due process of law.' To
accomplish its purpose such a pro
posal must apply both to the fifth
and fourteenth amendments, and it
would perhaps be wise not to restrict
‘due process' protection to procedure
and to individual rights. Some pro
tection of property should be pre
served."
"If there is a real public desire for
constitutional amendment,” he added,
"it can be obtained with a sufficient
degree of promptness to meet any
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Legislatures or State conventions. The
argument that 13 States of small pop
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population qo not have common in
terests. Although there was a divis
ion between large and small States
in the constitutional convention of
1787, such States never have united
to defeat amendments, and there is
no probability that they will now
do so.”
Warning of dangers inherent in
packing the court, he added:
‘‘Let us remember that when we
make our courts dependent upon the
political branches of Government we
have surrendered not merely one of
the essential principles of our Govern
ment, but all of them, and that when
we have surrendered them to the pres
ent Chief Executive we have surrend
ered them to his successors as well.
The present plan, if once successfully
used by an Executive to accomplish
his purpose, will continue to be em
ployed, and if it is used, the highest
court of this country will be, and
should be, discredited. If the courts
may be controlled in this manner as
to public issues, they must cease to
be trusted as impartial arbiters of
private rights.”
Dodd told Senator Austin, Repub
lican, of Vermont he doubted the wis
dom of trying to regulate such prob
lems as child labor from Washington.
“We saw the evil of that in prohibi
tion," he said. “Because of a break
down of local enforcement, we took a
Nation that was three-fourths dry and
made it all wet.”
When Dodd was asked to express an
opinion as to the power of Federal
Government to specify that an amend
ment be ratified in a particular way,
Chairman Ashurst interrupted:
"If any one wants to block an
amendment on this question, let him
insist that Congress specify the method
of ratification."
Dodd said he was reluctant to ex
press an opinion as to the power of
Congress, but doubted if a State could
block a method once fixed.
Senate opponents of the Roosevelt
court bill for the time being have
virtually abandoned their efforts to
agree on a constitutional amendment
as a substitute for the addition of six
new justices, it developed today.
Senator Burke, Democrat, of Ne
braska, who is leading the fight in
the Senate Judiciary Committee
against the bill, said "little effort” is
being made at this time to agree on
an amendment.
Following a session yesterday which
led to a sharp dispute between Sen
ator Burke and Senator O'Mahoney,
Democrat, of Wyoming, over the pos
sibility of $1,500,000,000 of relief funds
being used to influence votes on the
court bill. Senator Norris, Independ
ent. of Nebraska, advocated that the
people vote directly on proposed con
stitutional changes in the next gen
eral election after submission of an
amendment.
Controversy Breaks Out.
The Burke-O'Mahoney controversy
broke out while John T. Flynn,
economist and newspaper writer, was
on the stand.
In the course of his cross-examina
tion Burke said:
"I have been told within the past
two hours by a high official of the
Government that the President dur
ing the next 10 days will ask for a
new relief appropriation of from
$1,000,000,000 to $1,500,000,000, and
that-we will be facing a losing battle
on the court bill if the administra
tion has that much relief money at
Its disposal."
He asked Flynn if he did not con
sider that a dangerous situation.
Flynn said he had the highest regard
for the President and this Congress,
but added:
‘‘I don’t imply that he would do
anything wrong, but if the President
were the most chaste of persons the
existence of a power like that would
tend to make members of Congress
timid.”
Shaking his fist, O’Mahoney broke
in with the exclamation:
"I want to express my own com
plete resentment at a statement like
that from the Senator and the wit
ness. Members of this Congress
make relief appropriations from a
deep-seated consideration from human
needs and without regard for patron
age or favors. The members of this
l^OXlgress raw; eu> xxxgxx any uuici
section of the population.”
After Flynn had again disclaimed
any intention of casting aspersions on
the President or Congress, Burke said:
“I see no merit in members of this
committee or Congress trying to emu
late the ostrich by sticking their heads
in the sand so they will be unable to
see conditions as they are. A state
ment like this from a responsible offi
cial is a very important thing to
consider. I have the highest respect
for the President and Congress, but I
do not propose to be deterred by the
Senator from Wyoming or any one
else from bringing to light anything
that may have a bearing on this bill.”
O'Mahoney observed that if the
statement of that "responsible official”
i was made to influence this commit
tee, his name should be made public.
"His name will not be made public,”
Burke said, "and the statement was
not made for that purpose. I am
talking about the implications in
volved.”
After the committee had adjourned
the two renewed the dispute while
Burke was telling newspaper reporters
he thought "mayors and Governors
who want some of this money will not
hesitate to make their wishes known
to their representatives in Congress
unless they have firm convictions in
the matter.
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