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, ... he wants a court that will rubber- his removal of a at Port- the Court and its rec- inal New Deal laws. His article of Chase was among the dissenters to postmaster upon Supreme welfare of the United States.' indicated was to go ident drew support from William cor- crat, he willing stamp executive and legislative ac- the later land, Oreg. McReynolds «s fresh ord of useful service to our country September 7, 1936, prophesied of the American Fed- decision. along with the President in most of Green, president tion.” rectly the policies written into the Power Beyond Cavil. Another well-known example was from the Wilson cabinet, where he and its people.” his but that he eration of Labor. statute books during the last session recommendations, Charles E. Clarke, dean of the Yale had been Attorney General. Some Points Held Sound. “If this ineffective. had reservations with to in- Asked for comment on the admin- of Congress. In this brilliant article proves Congress regard University Law School: "Many of his James J. Hayden, dean of the Cath- in- the size of the istration bill, Green said: • • • Mr. Creel has had the to can enlarge the Supreme Court, creasing Supreme suggestions are clearly desirable. opportunity as a Senator: “I am convinced that it (the olic University Law School: "The the number of from Court. He out that the court "It strikes me practical method jI give to the creasing judges pointed These proposals do raise political is- the to comprehensive expression through which we can meet changed, proposal) is unnecessary and unwise. question raised by proposal 9 to 12 or 15. This power is be- acts “en bloc” on cases before it, sues, but can be avoided in a plans and purposes which animate hardly that the court is limit the age of justices in active for three have and that an Increase would not neces- modern economic conditions.” Any suspicion being President as he his yond cavil, changes democracy.” * • • 1 Roosevelt faces re- will the service Is a serious one. It might be number of mean The President's plan, generally packed seriously impair j second term in office.” been made in the justices. sarily greater speed. Nathan L. Miller, former Governor to have an automatic re- Senator Re- garded in Congress as his answer to’ respect and admiration which the preferable In other words, Mr. Creel, in the We started out with six and have had Davis of Pennsylvania, New York: "The covert attack on the the Court’s invalidation of court enjoys today.” tirement of 70 or 72. I believe the said that the matter pre- Supreme a age was euxirx xuu as many as 10. publican, court is foul blow struck at a tri- ttccuiiipaiiyuig niixtie, A. was a Norman Thomas. Socialist candidate of to re- ! sented to the resident N. R. A. and A. A., prime * * • principle assigning justices cent or he was as far out of the clash and its Congress by bunal which cannot defend itself. per correct, “Regardless in as well as for President in 1936: "Of all ways to Wamoni lieve congested dockets, requiring was of such great importance that he topic foreign capitals No such radical and n- W on a limb as the decorations of a outcome, the President will continue revolutionary deal with constitutional issue, this Also complete Ime of notice to the Government in suits be- wanted time to consider it before ass- throughout this country, the Associ- the f stancfSP Christmas tree. those laws that : novation has been proposed by re- ard ar.d all-American mad: to suggest and urge ated Press is least satisfactory, although probably % tween private parties attacking Fed- ing a final opinion. He said that he reported. authorities in the 150 Matches. Mr. Creel may not like the idea of seem demanded by the needs of the sponsible years the clever- eral statutes and requiring the expedit- thought the members of the Supreme In London liberals applauded and politically, immediately Shop at the friendlv store— even of our history.” * • • vor re always sree *d a premature death, figuratively day and commanded by public opinion. conservatives were critical. est. History shows that judges vs.t.* 4 ing of suits disputing the constitu- j Court should be heard on the Presi- mostly ...e—with r.o obligation tg ^ i speaking, but he will not have to The cry of 'dictatorship' leaves him Public Discussion Beneficial. do not of acts of Congress is sound. dent’s bill, and also the legal officers Comment in the German press gen- stay picked.” y. I tionality for that forecast. save a for apologize unmoved passing contempt was favorable, the President be- Morris L. Ernst: "This has Earl Browder, Communist candidate Appeals have been expedited to some of the Government and the bar, be- erally proposal rge Account* Ini Discussing the pros and cons of its silliness. Just as the constitution for President in 1936: “The first im- is de- fore decision is reached. ing pictured as a champion of strong only one merit, it throws the entire extent, but more improvement in any ; legislation enacted this administra- vests 'all legislative power' in Congress into the arena of de- of the is that they •irable.” “I do not wish to believe,” said leadership against "outworn” methods subject public pression proposals and the Court attitude one Su- • • • ; tion, Supreme and ‘the judicial power' in bate. Would this attack be con- are typical middle-of-the-road meas- John R. Fitzpatrick, dean of the Senator Davis, “as some say, that the of government. rtzbur thereon. Creel took the stand that if preme Court, so does it vest ‘executive had been ures such as we have learned to ex- School of Law: President’s are occasioned Paris newspapers gave great promi- ceivable if legislation up- Columbus University there was in branches and in the suggestions • * * any controversy power’ in the President, to the Le said held, even though the were 10 pect from the President. They •'There Is no legitimate objection to by his desire to pack the court. Such nence proposal. Temps judges of the Government it lay between the enumeration of his functions and au- must be however number of on a would a tem- it demonstrated the President’s deter- years older than God?” supported by labor, Increasing the judges rather than the procedure bring only court and Congress, thorities there is specific mandate David A. former United States be.” the Supreme Court bench, but if the porary benefit to the party now in mination to carry out his New Deal Reed, unsatisfactory they may court and the Executive, Inasmuch that 'he from time to time give to the real purpose of the proposal is to as Congress adopted the laws. Congress Information on the state of secure validation of anticipated legis- Constitution Enters Article. the Union, and recommend to their lation it should be done through the the consideration such measures as he established channel of constitutional Here, the Constitution crept into and the writer, as- shall judge necessary and expedient.’ amendment.” article, pointedly : seriing it contains "not one word that So. another question is when did the Wheatley Favors All Proposals. gives the Supreme Court any power “advisers'' start dying off, and still I. of the Henry Quinn, president ■ to override the legislative branch," another: Is an adviser survived by a District Bar Association: "It is my continues: I ghost? personal view that the people are I justified In reaching the conclusion I that notwithstanding the reference was issued by any, judge or court of during their elective terms, to any of to the of the Slates the new created under the Use made need justice, United any judgeships FREE speeding prohibiting Months that the real motive behind the plan Federal oflkial or agency from carry- i President's bill, but also whether they ! could be in cases where Is to place on the Supreme bench ing out the provisions of a Federal appointed of took those who will be known to have law, an appeal from such order should resignations judges place. constitutional views favorable to the lie directly to the Supreme Court. The The Constitution, in section 6 of Its administration's theories." bill was introduced by Senator Black first article, says: No Senator or Rep- resentative shall, the time for Famous Justice and during World The Chief the H. Wheatley, former of Alabama, of Winship presi- dent of the Bar Association: "I favor two associate justices appeared as a which he was elected, be appointed all provisions of the plan. It was a committee from the court. The Chief to any civil office under the authority of the United which shall wonderful message. It is an attempt Justices said that "we regard the bill States, have been or the emolu- to liberalize the courts and adjust as unnecessary He pointed out that created, ments whereof shall have been In- them to modern conditions. In my the Supreme Court now has the power creased such time.” opinion the courts are too still. This to before it by certiorari any during |1 bring If none of the six members of Is a step in the right direction.” case of the sort described in the bill, the! Court should retire or Walter M. Bastian, former presi- in advance of any decision by the ap- Supreme resign under the the Presi-1 dent of the Bar Association: "I am pellate courts. Both Justice Bran- proposed law, dent would be authorized to certainly against me jnwpuocu in- ded and Justice Van Devanter con- appoint six new members of the court. Ob- crease In the number of judges. There curred in the views expressed by the no Senator or Is no necessity for it. The courts Chief Justice. viously Representative well in their work.” would be eligible for appointment. If, are pretty up I Propriety of Request Questioned. Paul E. after the appointment of the six new Lesh, practicing attorney: The President's bill deals directly the soundness members, an old member should re- •No lawryer can question with the personnel of the Supreme that the tire, there is a question whether a of the proposition superan- as well as with to Court, proposals member of could be nuated do not their own dis- Congress ap- recognize provide for an immediate appeal to the nor pointed to fill that vacancy. For It Is abilities, can any one question Court in cases the Supreme involving obvious that the membership of the that the courts are overloaded with of laws of constitutionality Congress, court would have been increased be- work, trying to cope with increased lit- and for the of representa- appearance yond the present statutory number, igation without increased personnel. tives of the Government in any litiga- and any place on the court in ex- But to enact the statute as proposed tion between in which private parties cess of nine would be a new office. at this time would be to attempt to re- the constitutionality of a law is chal- The same thing might apply with: OIL BURNER buke a co-ordinate branch of the Gov- For that reason some of the lenged. regard to appointments to the circuit ernment for doing what it considers its Senators seemed to yesterday question and district courts. duty. I do not believe the people have the propriety of inviting the justices Members of Congress continued yes- l ever in oil burner SEVEN more faith in Congress than they have of the court to and Here is the most offer made history! highest appear terday to voice their opinions of the amazing In the Supreme Court. I do not be- The matter will be settled testify. President's bill and particularly of his in home—ABSOLUTELY lieve the people thought that was the when the Committee gets MONTHS use of the famous ABC Oil Burner your Judiciary plan to increase the membership of | Issue they were deciding in the re.ent down to work on the President’s bill. the Supreme Court. Representative election. The people indorsed a result, members of the Senate fuel dur- Republican Snell of New York, minority leader, FREE OF CHARGE. Install and make your greatest savings a trend toward renewed prosperity, and are today House, generally speaking, took another shot at the measure. He without deciding whether it was withholding attacks upon the Presi- it for said, ‘The Pr^ident has Congress the cold of March and Have ready brought about by what Congress had dent’s with regard to the ing damp days February, April. proposal groveling at his feet now. He will done or what the courts had done. I They do not wish, nor do judiciary. have complete power when this bill and no of do not believe the recent election was consider it that the issue the first cool of Fall. down pay money any they proper, has passed.” days Pay nothing mandate from the to at- a affair. This any people should be made partisan McCarran Favors Plan. tempt to rebuke the Supreme Court, does not mean that will remain next they Senator McCarran of Nevada, Dem- kind until September. and what good there is in the silent on for proposal the subject long. They ocratic member of the Judicl-ry Com- Is beclouded that issue. I the are inclined to the by hope await, however, mittee. said he favored the Presi- effort will fall.” reaction of the country on the Presi- = or Metered Trucks Leon Tobriner, practicing attorney: dent’s plan to increase the member- Fuel Oil Delivered, Day Night, by “I think it would be entirely contrary ship of the Supreme Court, amd also to the purpose of the framers of the the attitude of many of the- Demo- Constitution and the Federal judiciary ! crats. act. It would seem to me that there is A considerable number or Democrats an effort to pack the Supreme Court, are today inclined to oppose the Presi- and with the number of judges pro- dent in the matter of increasing the posed it would be an unwieldy ar- membership of the Supreme Court. rangement. Every lawyer in the coun- Indeed, it was said that there may try should make every effort to defeat well be enough of them to prevent the •uch a plan as the President proposes.” passage of the bill if it continues to ———-W-- ■ include an increase in the Down Supreme NO t Court. These Democrats are willing Payment Court to go along with the President on in his The to in • to in other proposals message. • Nothing Pay February Nothing Pay May indications now are that unless there ^Continued From First, drive the White House to in June Page.) is a great by • Nothing to Pay in March • Nothing Pay to put through the bill as an adminis- retirement of any member of the trative measure of the highest import, • to in • Nothing to Pay in July court. it will have tough sledding. Nothing Pay April "There are some features of the Congress “Eligible*” Hit. President's bill that to in have merit. In The question was raised yesterday • [Nothing ray August my opinion, however, there is no need not only whether members of the such a for large increase in the num- present Congress could be appointed, Between Now and ber of Judges in the circuit and district (No Interest or Carrying Charges of Any Kind September) courts. As a matter of fact, there are In effect some of the suggestions carried in the President's recommen- dations. Speaking generally, I do not ask for com- Bee any necessity for this legislation Immediate instal- below—or lift and lation! Don’t hesi- MAIL THE COUPON just your telephone at this time.” tate. Be prepared Senator J. Hamilton Lewis, Demo- for any weather. 3068. More than Estimates at your details of this offer—Call National 3,000 crat of Illinois, in Chicago said he request. plete amazing believed consideration by the public homes now ABC AUTOMATIC HEAT in and and Congress would suggest “just com- right enjoy guaranteed promise legislation” on the President’s of them for 14 wait any longer Judiciary reorganization recommenda- Complete, Installed in 6 around Washington—some years. Why tions. small next "There need be no fear of . . at once and start radical Rooms as Low as . when you can enjoy it monthly payments or revolutionary result put on the peo- ple.” he said in a statement. Price includes utn- ulnr "RED FLASH” "I fear the /h A• A !■ object of the bill is not BOILER. 300 -ft. ■ • ■ | September. and a11 Understood. Under radiation *r K # mmm ”” ”” ”” the system sug- * necessary e q n l a- W ■ the ® gested Supreme Court can be di- nest. Uneondl- a ■ W • d I vided into tionally Iuaranteed. M divisions, five judges in each tor ef three divisions, before which all the Headquarters MAIL THIS TODAY appeals In ordinary cases of patents, MIRACULOUS taxes, customs, tariff damages and Criminal law'can be hastily heard in- and SCAPULAR John P. Agnew & Co., Inc. stead of being so long held over for MEDALS 728 Fourteenth St. N.W., years.” Washington, D. C. Would Talk to Justices. ROSARIES Gentlemen: Several members of the Senate 78 Years of Heating Committee NIAfrl OUOO Please mail me complete description of the ABC. Oil Burner Judiciary suggested yester- 714 13th St. N.W. Homes in Washington INAtl. day the advisability of calling before CROSSES and equipment for supplying hot water all the year ’round. Also the committee the • ___ with Chief Justice and I details of which this can be installed Immediately 4ln^*4lS#y SS&S-'' $$k HHHj plan by the associate justices of the Supreme And All Other no down payment or payment of any kind until September. Court for a thorough discussion of Reliqiout Articlet the President’s bill. This was the attitude of Senator Burke of Nebraska, who is reported to be opposed to some NAME. features of the bill, and of Senator Van Nuys of Indiana, both Democrats. in and late afternoon Members of the Supreme Court, in- Our workmen arrive eorly the morning by ADDRESS . cluding the Chief Justice and Asso- your burner is working and you have automatic heat as long as you ciate Justices Brandeis and Van De- live in the house. Your home is never allowed to get cold for an in- vanter, before the Senate STATE- appeared stant. AT ONCE. CITY_ Judiciary Committee in March, 1935, Investigate when hearings were held on a bill di- _I recting that when restraining order ■■■■■■■■■■■■I*

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