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1937-02-07 [P A-5] a dent’s plan 1.' general. He believed, power. In the course of time, other program, but would weaken "the moral the apolntment of William Johnson, Dec. Foresaiv he said, that an Increase in the size political groups would rise to take authority” of the Supreme Court. In- 32-year-old South Carolina Democrat Creel Article, 26, jof the Supreme Court would be the measure of any program which transigeant headlined: “Roosevelt by Jeffersoir, in 1804, during the con- COOL helpful.' might now be suggested ir. a partisan Wars on Supreme Court." flict between the Executive and Chief C. "There be no more de- see D. LAWYERS 5-to-4 of us to would spirit. None wish any Justice John Marshall as to whether on Court NINE Roosevelt cisions of the he said. And in our Government LEADERS GIVE VIEWS. Proposal court,” change wrought the States or Federal Government then he added, with a smile,’’ there which is dictated merely in a vin- should be supreme. might be some 7-to-8 decisions, how- dictive spirit.” Baltimore Sun Preaents Statements on Johnson was the first man named “Is therefore, as power- 10 (MANGES BY JOSEPH A. FOX. Congress, ever.”( In Tucson, Ariz., Senator John H. Court Proposals. by Jefferson to the court, which had While a of the de- less as has been assumed? Many im- good part Capital Senator Frazier of North Dakota, Bankhead, Democrat, of Alabama, re- been controlled by Federalists since its Pres- decisions yet remain to be BALTIMORE, February 6 1A>).— voted yesterday to discussion of portant said he did covering from illness, expressed sur- formation. Yet four years later, while the Supreme Court, Progressive Republican, The Baltimore Sun, in a copyright ident Roosevelt’s Supreme Court pro- handed down by prise at President Roosevelt's request, History Discloses Judges serving on the Circuit Court, as Jus- Poll One Is for to the social not believe In increasing the member- symposium, today presented the views Showing Only some individuals with reason- notably with reference tices were do in those posal, 1 He fa- the Associated Press reported. He required to days, labor act. ship of the Supreme Court. of nine national leaders on the change fair memory and an inquisitive security act and the Wasner said his had ordered him Fail to he became the first to interfere Pro- ably vored, he said, a law limiting the physicians Frequently Uphold jurist All Roosevelt’s wonder What, for instance, if these and other in the Federal Judicial system pro- turn of mind began to Just of th' court. "to take a complete physical and with Jefferson's embargo policy. laws are held unconstitu- jurisdiction posed by President Roosevelt. how much grave space will be required New Deal mental rest,” and declined further Party Policies. He declared that the President had the of “If the court declined to be guided The leaders and extracts from their posals. to inter the "close advisers’’ of the tional, thereby affirming right comment. no right to instruct collectors of cus- to override the the he "the House could views Include: Br tbc Associated Press. whose demise was an- the branch by law,” said, be- President Roosevelt's proposal for a President, Judicial House toms to detain certain vessels, branch, could Congress do? then bring impeachment proceedings.” Battle Forecast. Raymond Moley—"If I were a mem- History discloses that Presidents radical revision of the country's judi- nounced officially Thursday. legislative cause the law specificall" said they "There is one thing that it could Senator Frederick Steiwer of Ore- Expressions by some members or ber of Congress I would find It hard frequently cannot depend on their ap- cial the possibility Although a metaphorical "Anger” should be stopped only if the col- system—especially is the of the 1936 the ... to find reasons for to the Court to was on on that do without question, and that gon, keynoter Republican House Judiciary Committee fore- supporting pointees Supreme up- lector the to be vio- of an increase in the number of Su- put Dr. Stanley High thought law was a statute away from who arrived tonight in shadowed a bitter battle when the the President’s proposal. This hold the of the to which receive little score by the White House, a six-week- passage of talcing convention, policies party lated. preme Court judges—will to comes near to a a inferior courts the right to pass Miami from Havana on his way proposal comes up on Tuesday. perilously proposal they belong. the members of the bar old copy of Collier's Weekly created all “The officers of our Government, support from and short a of to abandon constitutional govern- On the two Demo- of on of constitutionality, Washington after cutting Representative Miller, Democrat, present court, are Nation's reasonable doubt in the minds questions from the highest to the lowest, In the Capital. all such said "There is said the were ment.” and Butler—have some. directing them to certify West Indies cruise, Arkansas, proposals crats—McReynolds equally subject to legal restraint," the A poll of some outstanding lawyers L.. Stimson. former cases to the Supreme Court of the little now in Washington that "novel” and “no doubt will command Henry Secretary been among those who voted frequent- ! one in favor of the Su- Recent Article Cited. enough 36-year-old justice said. revealed only it would be of much but doubt of State—"The divergence of consti- Roosevelt United States, where resembles a parlimentary form support,” expressed ly against administration his service on the preme Court enlargement, while a On December 26 the publication During long mandatory to put them on a preferred Government without going into that,” as to their advisability. tutional opinion evidenced among acts. Democratic at- an that reflected in bench Chief Justice Marshall had the number of prominent carried article deci- "The Congress has a well-defined its (the Supreme Court's) justices, is docket for the earliest possible when questioned on Supreme Court On the other hand. Justice Stone, a support of justices ..ppointed by Jef- refused to express any opinion marked degree the principles embodied no more than is torneys sion. And there is still another arrow duty to perform," Miller said, 'and representative upon named President and the President in his court changes. Republican by Cool- ferson Madison in his opinions on the recommendations. Friday by If the should not lend its assistance at any such questions among our entire in the congressional quiver. tne idge, has been among the stanchest the of the National Some of the views follow: message. Of the author. George Creel, Senator Steiwer, according to enlarging powers expressed session witnesses the time to a nullification of the Consti- thoughtful citizenship Even if coming adoption said the defenders of the administration. Government—a doctrine opposed bjr E. Hamilton, dean of this was said in a foreword: Associated Press, proposal the President’s were made at George a or a bill providing for tution by indirection.” proposal or housing bill, to end his Caribbean va- An illustration to the Democratic executives. Georgetown University Law School, "No man can write more authorita- caused him On the other a normal time and under normal frequently quoted maximum hours and minimum wages, hand, Representative Nominees of Jackson voted against and generally regarded as the "dean” tively of the President than George cation. He would not discuss possible I should not favor it.” show the independence of the judiciary or a bill relating to sweatshops and Ramsay, Democrat, of West Virginia conditions, Creel. two worked side side for Mr. is the fact that Chief Justice Salmon some of his policies and the fugitive of the Washington legal profession: The by coal Republican strategy opposing declared he it time “to child labor, or the new Guffey thought bring "Rubber-Stamping” Hit. slave law was unanimov sustained carries with as members of Woodrow Wilson’s offi- Roosevelt’! recommendation. P. Chase in 1870 delivered the opinion ’.y “The President's message each of these acts could have a to the attention of the people the Twice Mr. Creel bill, George Wharton Pepper, former which held partially unconstitutional by anti-slavery Whig judges and by It implications even beyond its radical cial family. previously Court to Senator Townsend of Delaware, Re- need of some reform.” rider the Supreme judicial — Democrats. announce the charging Senator from Pennsylvania ’’The the tender that he pro-slavery expression. It bespeaks the desire and has been privileged to said: legal legislation bear in mind that the law was en- publican, Representative Robison, Republican, Government has In one case Justices aim to center in the Executive all legis- policies which would determine the consistently taxed had supported while Secretary of the McReynolda acted to the constitutional “There Is a method of amending of Kentucky expressed fear the Presi- pursuant ... to and to the court lative and control. It is con- administration’s plans. His famous ingenuity evade court tests Treasury in Lincoln’s cabinet. Brandeis, appointed judicial vesting all legislative power the Constitution in the dent’s proposal would make a "rubber of March set forth provision provided and to slow down the process which The was reversed later when by President Wilson, voted against trary to constitutional intent and pro- article 11, 1933, author- stamp out of the Supreme Court.” ruling in the Congress and explicitly Constitution itself. I am .for it.” the President now wishes to that executive in assault exactly the broad outlines of the orig- hasten two new justices were appointed, but litigation involving vision and is an unjustifiable it 'to for the Demo- Outside Congress, however, the Pres- izing provide general Senator Dully of Wisconsin, ..
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