The Bismarck Tribune Newspaper, July 30, 1937, Page 4

The Bismar An Independent Newspaper THE STATE’S OLDEST NEWSPAPER (Established 1873) Btate, City and County Official Newspaper Published daily except Sunday by The Bismarck Tribune Company, Bis- oo N. D, and entered at the postoffice at Bismarck as second class mail . Mrs. Stella I. Mann President and Treasurer Archie O. Johnson Kenneth W. Simons ‘Vice Pres. and Gen'l. Manager Secretary and Editor Subscription Rates Payable in Advance Daily by carrier, per year ........... ae Daily by mail per year (in Bismarck) . Daily by mail per year (in state outside of Bismarck).. Daily by mail outside of North Dakota . Weekly by mail in state per year .... Weekly by mail outside of North Dako! Weekly by mail in Canada, per year ... Member of Audit Bureau of Circulation Member of the Associated Press The Associated Press is exclusively entitled to the use for republica- tion of the news dispatches credited to it or not otherwise credited in this newspaper and also the local news of spontaneous origin published herein. All rights of republication of all other matter herein are also reserved. Where Business Ends—and Law Begins Every American lawyer and practically all American busi- ness men have a stake in a case now being considered by circuit SRIBUNE, FRIDAY, JOLY 30 |Garner’s Influence Big Factor in Death of Court Re-Vamping—Vice President's Anxiety for Party Unity Pulled Any Teeth Which His Sup- port Might Have Had. By RODNEY DUTCHER (Tribune Washington Correspondent) Washington, July 30. — This isn’t the entire secret history of the com: plete collapse of the Roosevelt su- | Preme court plan. But it's an essen- | tial part of it. The inside story begins with Attor- ney General Homer S. Cummings. It vas he who sold the spectacular plan to Roosevelt and persuaded Roosevelt | it should be kept secret until popped, lest the sensational story be leaked. The original draft of the Roosevelt message to congress on the plan was written by Cummings and Donald Richberg. Cummings had the bill written by a brilliant young lawyer who has been identified to your cor- respondent under oath of secrecy. ** * The department of justice had charge of liaison work with congress on the bill, the job being assigned to court judges in Columbia, Mo. Very little has been said about| Assistant Attorney General Joe this case, yet it looks like the most important development in years in defining the relationship between business and law. The case grew up somewhat in this fashion: For years, mutual insurance companies in Missouri and elsewhere had been accustomed to have their adjusters and claimants together fill in blanks in liability releases. Lawyers watched the growth of this simple, mutual, un- complicated relationship between business man and client, this settling of their affairs by mutual consent and without bene- fit of learned and expensive legal advice. zs. * £ Several years ago, the Bar association of Missouri began to complain that in the filling out of such blanks and signing of such papers, the insurance companies were practicing law. Sev- eral conferences between bar association and insurance company representatives failed to decide where business left off and law began. _ In the spring of this year several of the companies were cited for contempt of court for engaging in the unauthorized practice of law. The cases are still grinding around in the legal mills. To avoid continual suits for contempt, six large mutual cas- ualty companies asked the circuit court for a “declaratory judg- ment” defining their rights. They wish to be sure they can con- tinue to sign contracts, releases and settlements with their clients without being subjected to new suits by lawyers. * * s This is a highly important precedent to every business man and every lawyer. Every business is continually adjusting disputes involving property rights with customers. It may be argued that every railroad or steamship ticket you buy is a contract, The casualty companies in the Missouri case maintain that 4,000,000 non-lawyers are engaged in practices of which the Missouri lawyers. complain. Much criticism was. heard in Cleveland recently when the painters’ union actually was found to be issuing “permits” al- lowing private citizens to paint their own houses. The painters argued that they had a right to try to stop the taking away from union painters of work to which they were entitled. It is hard for a layman to see why Missouri lawyers are not doing exactly the same thing, that is, demanding the right to do work which the private parties concerned were perfectly willing and able to do to their own satisfaction. The decision in this case, expected in September, should be watched with equal anxiety by all American business men and lawyers alike, - Begin With a Song Every working day in Louisville, Kentucky, employes of the First National bank of that city assemble for a morning service of prayer and singing. Then the doors are unlocked, the time controls on the vaults operate and the working day begins. A good deal like it used to be in some schools, you say, but what of it? The idea certainly is different but it also has its strong points. The boss who organizes and participates in such a “morn- ing service” is quite likely to be a fair and considerate employer. Either that or a terrible hypocrite. The feeling among the employes probably is improved, too. For there is sound mental therapeutics in both prayer and song. The man who begins his working day with the echo of a rousing hymn in his ears feels better and is likely to be more cheerful. Doctors will tell you that a good lusty song is strong medi- cine, It aids the digestion, brightens the eye and makes the step lighter. It is good preparation for the burdens and the heat of the day. It is improbable that other firms will follow the custom originated by the Louisville bank but they could do worse— much worse. A Job for Real Brains Despite the shortage of houses in America, building activ- Ity this year is not coming up to expectations. The reason, according to an insurance company which has studied the question, is the rising cost of construction and the inability of many families to make down payments. Examination of conditions in 88 cities, large and small, shows that building costs have gone up 15 per cent in the last year. A home which could have been built for $4,000 in 1936 now costs $4,602. Five and one-half per cent of that increase has occurred since Marh 1 and the building index now stands at 94.8 per cent of the boom-time levels of 1926 to 1929. In five major cities costs are now higher than they were in the period mentioned, This is important because the building industry is one of the most important in the country. If it were going full blast there would be hardly any relief problem in most parts of the nation. With this in mind all the constructive forces in America’s fconomic life would do well to devote their best brains and talent to the job of keeping construction costs down. It cer- tainly is possible to keep them from going above present levels end ‘it might even be possible to reduce them. ‘The path of progress might be's lot-easler if women didn't have to worry Bey Hine tenes cones slang with » new wrinkle, : eee Keenan, who had to work with the late Senate Leader Joe Robinson. Robinson was dying. For four months he was on a buttermilk diet and often in agony. He wasn’t en- thusiastic about the bill, and was wounded because he hadn’t been con- sulted. In 15 years he had built up a personal organization, carrying all trades, debts and other data in his head. Other leaders didn’t fight for the court, plan because of apathy or because Joe insisted on doing the job himself. * * * Administration Handicapped Senators had no one to talk to be- cause Joe was ill so much of the time. The opposition was well-financed, backed by a great propaganda effort and aided by such shrewd old heads. Borah and Hiram Johnson. The administration, unable to use party funds or—in most cases—party machinery, kept up its end with Roosevelt’s radio speeches, efforts of cabinet members and _behind-the- scenes efforts, although Judiciary Chairman Ashurst’s “all or nothing” attitude grated on many nerves. The sit-down strikes and the wage-hour bill helped the opposition gain.re- cruits, but the administration was do- ing fairly well until Justice Van De- vanter’s resignation. After the court's favorable Wagner act and Social Security decisions, many advisers urged Roosevelt to put the court fight off to the end of the session and hold it as a Damoclean sword. They argued he had achieved his chief aim—liberalized decisions. After Van Devanter’s resignation the Pressure for holding the fight off and keeping the bill buried in committee became terrific. ** * Robinson’s Handicap But the Van Devanter resignation brought up Robinson’s name and de- mand for his appointment to the court—a long-time ambition with Joe —from all but the progressives. Roosevelt implied to Robinson that he couldn’t put him in the court without adding a couple of liberals at the same time. Joe and many of his friends insisted on action, And perhaps the high point of this story is the fact that about two months ago it would have been easy to pass a compromise bill adding one more judicial circuit to the nine now existing, making an 11 justice court, having the chief justice serve over all, with a justice from each circuit. This would have been satisfactory to Roosevelt, one is told. But Robinson couldn’t take that. Many ago the circuits were 50 Gerrymandered that the eighth cir- cuit which includes Robinson’s state of Arkansas also included Justice Pierce Butler's state of Minnesota. And Butler wasn’t going to resign-and Robinson couldn't go on to represent. the eighth circuit. Robinson insisted to the president he could get a bill satisfactory to Roosevelt if he could-be allowed to handle it in his own way on a per- sonal basis. And he could have. At one time he said he had 54 senators pledged to the Hatch amendment, which would have given Roosevelt, three court appointments by Janu- ary. He wouldn't have started the fight without assurance of 52. ** * ‘ Pledges Die With Joe But Robinson died, and many of his pledges proved to be purely personal. They died with him. Among those who had promised Robinson were Andrews of Florida, Brown of Michi- gan, Bulow of.South Dakota and Rus- sell of Georgia. These joined with Overton of Louisiana, Adams of Col- TWitigHT May BE THE ROMANTic HOUR FOR Love! 17s GETTING OUSk.. WHOA 1p SRee ewes apap the world.” And that’s a short-wave broadcasting station. Burts THE ZERO HOUR 7=— SO SLOW ROWN AT SUNDOWN / The Universal Movement | % Wieagiceny L enietiond orado, Herring of Iowa and Gillette} More than 500,000,000 horsepower is| The United States Potters’ Associ- ot Iowa—all su uncommit- |still available from the known water| ation was the first employers’ associ- pposedly ted—in a bloc to demand recommittal |sites of the world; present installa-| ation of national importance in this to the judiciary committee, which|tions exceed 33,000,000 meant the bill's death. Garner entered the picture, re- turning and conferring on the train back from Robinson's funeral. There is no record that Garner fought for anything but to keep the Democratic party together. In We ‘ashington he promised Roose- velt he would get the best possible compromise if authorized to deal with the senate. He also asked It if he still felt the same way about organized labor, relief expenditures and the wage-hour bill, and Roosevelt said he did. Some here this as a de- mand for a price. At any rate, Gar- per won no compromise but only a complete removal of all portions of the bill affecting the supreme court. Later the “Recommittal Octette” went to Garner and announced its position. Some of these senators re- ported later that he seemed well sat- isfied and wanted only to keep the Party intact. xe * Garner Gives In Then all of a sudden you heard that Garner had told Senator Wheeler and the opposition to draft their own bill. Senator Barkley, the new party leader, went before the hostile judi- ciary committee with Garner, and got muuch less than he Garner had command of the show and it was obvious to everyone thet he was working for something which would satisfy more opposition sena- tors than administration senators. Otber incidents helped smash the court bill, notably Governor Lehman’s well-timed letter. But this is the best available story now of how the great court bill struggle ended almost over- night. (Copyright, 1937, NEA Service, Inc.) —___________ | SO THEY SAY Farmers are pretty well out of the depression.—U. 8. Representative Sam Rayburn, coe ame Moral law is higher than the con- Jew of the spirit—vU. 8. Gen. Josiah Bailey, North Gercline, * Science has put into But RI THE INSPIRATION FoR MANY SENTIMENTAL : BALLADS AND THE THEME OF MANY FAMOUS PAINTINGS ee, FOR AUTO CRASHES.. horsepower. CAST OF CHARACTERS JUDITH IRVING, heroine, Amertea’s best dressed woman. PHILIP IRVING, Jedith’s es- tranged husband, MARTA ROGERS, vival. ~ BRUCE KNIGHT, suther, Jue Gith’s old classmate. MILLICENT BAYNE, Bruce's . Seer eae Yesterday: Judith suffers her Judith'’s PROMISING Phil that she would | § make his apologies, Judith] | country; it was organized in 1875. Your Personal Health Brady, M. D. questions pertaining te Bealth 3% briefly and in 1 ries must Illustration by Virginia Krausmann There were in the lobb: pe y frock was Ti nee Bet ila fl gl dala shining under the simple blue dressed “Are you ill, Judy?” S| sailor that matched the hyacinth| “No, Phil dear, Why?” Jacket. “It’s a sellout. We have “Don’t come until you're ready,” to wait until seats.” the answered, “TT be lazy and Til sal Soe eae read.” Or—would it? For six years he had preferred her. ... ibesdice agg “Would a trip help you? Paris ail de acco! led by a3 i beet, BE wo igs i g hh E if Fa I 5 é F i t : Bae 2 i i t ty & act 1EEle & Vel i 8 e x ra if tt ; it 2 Z ih thei E t