Evening Star Newspaper, June 16, 1929, Page 35

SPEED OF SUPREME COURT EMBARRASSES ATTORNEYS Jurisdictional Act ‘Working Swiftly't Eliminating BY GREGORY HANKI HE greatest advance in clearing its docket was made by the Su- preme Court during the term which ended on Monday, June 3. It decided 825 of the 968 eases docketed during the term, leaving only 143 cases to be carried over for the next term. For all practical purposes it may be #aid the court has caught up with its work. It has disposed of ‘all the cases it could have disposed of, in view of the rules allowing counsel time within which to file their briefs. petitions filed during the term, all those submitted within a week from the clos- ing of the term were disposed of. This left only 41 petitions which the court had no opportunity to consider. In fact, so rapid has been the court’s pace that its efficiency is becoming a | source of embarrassment to counsel in the preparation of their cases. This was pointed out by Chief Justice Taft in addressing the last session of the American Law Institute. He said: “I can say with respect to the busi- mess of the court that under the benefi- cent act of February 13, 1925, we have made such progress with the business of the court that I think members of the bar are beginning to be a little embarrassed by the proximity of the court to them.” - T-eory of Jurisdictional Act. Under this_jurisdictional act, which was passed through the efforts of the Chief Justice, Congress limited the types of cases which may come to the Su-| Much of the difficulty is undoubtedly preme Court as a matter of right. Most | due to lack of knowiedge on part of | of the cases coming to the court must come under a preliminary application to review the decision of the lower court. The first class of cases is gen- erally known as the cases on appeal. The others are known as the cases coming on a writ of certiorari, A case may come on appeal from the decision of the highest court of a State if the constitutionality of a State statute is in question and that court decides in favor of its constitutionality. This con- stitutes the largest class of appeals. An apreal may also be taken from the decision of a State court if the consti- tutionality of a Federal law is in ques- tion and the State court holds the law un- constitutional There were no such cases dunming this term. Likewise, where the Federal Circuit Court of Appeals holds & State statute invalid, the case may come to the Supreme.Court on appeal. An illustration of this class of appeals dur- ing this term is the case in which the Circuit Court of Appeals held the cor- poration franchise tax of New York unconstitutional as applied to foreign corporations having non-par value stock. The State of New York appealed the case to the Supreme Court. Under the judicial code appeals may also be taken directly to the S;m Court from the decisions of the Courts. These are the cases in which the petitioner seeks to enjoin the en- forcement of & State statute or an order of & State or Federal commission, in ‘which “cases the petition for a prelimi- nary injunction must have been heard by three judges. This is a growing class of appeals. This term 56 appeals came from the District Courts. An outstand- ing example of the cases in which or- ders of State commissions were sought to be set aside s the New York 5-cent fare case. The invalidity of the order of a Federal commission was involved in the appeal of the O'Fallon Railway in the valuation case. The judicial code also provides for appeals from the ‘District Courts to the Supreme Court -in certain and criminal cases. operativé Canneries sought to intervene in the Packers consent decree and moved to have the decree set aside or modified. The Supreme Court of the District of Columbia denied the motion, and the canneries appealed to the Court of Appeals. The Supreme Court held, however, that in equity suits under the anti-trust laws, an apj lies only Qén the Supreme Court of the United tates. An appeal from the District Court in & criminal case came to the Supreme Court before the close of the term. This was the case in which the Govern- ment _prosecuted former Representative ‘Warzbach' of ‘Texas for having accepted gamps ign contributions from Federal ployes, contrary to law. Effect of Jurisdictional Aect. By 'thus limiting the number of cases which may come to the Supreme Court as a matter of right, the jurisdictional act enabled the court not only to dis- pose of the large numbers of cases which come to it every year, but also to reduce the number of cases in which it was in arrears. ‘The comparative progress which the eourt made in the past eight years may be.seen from the following table: Disposition of Cases by the Supreme Court. (Number of Pending at Docketed Beginning of Term. 437 . ases.) During Carried Term. Decided. Over. 720 785 34 s61 761 an appeal in the Circuit Court of Ap- gll.l. the parties have had their day court, and the judgment should be final; likewise with cases which have ne through the hierarchy of the tate courts. ‘The Supreme Court ghould then in its discretion limit its review to those cases which involve matters of public importance. The court in its rules designated the general classes of cases which it will ew: (1) Where there is conflict among the various circuits on the same subject matter. (2) Where a State court has decided a Federal question, not theretofore determined, or in a way probably not in accord with the de- cisions “of the Supreme Court. (3) ‘Where a Circuit Court of Appeals de- cided a local question in conflict with local decisions, or a general question in conflict. with the weight of authority or the decisions of the Supreme Court. (4) Where the lower Federal court has 80 far departed from the accepted and usual course of judicial proceedings as to call for an exercise of the court’s power of supervision. Six Out of Seven Petitions Denied. ‘These, in the main, are the classes of cases in which the court will grant a writ of certiorari. It is apparent, however, that the members of the bar and the court are not yet in accord as to be applications of those rules. During this term there were 680 peti- tions submitted. ~Of these 95 were nted—less than one out of seven. Of over 700 | Helps: Tribunal in o Clear Docket by Many Cases. on certiorarl. During this term the court, on’ preliminary examination, found that in 51 cases probable juris- diction had been shown. It dismissed 59 appeals for lack of jurisdiction, elther because the cases presented no | substantial Federal questions, or be- | cause the judgment of the lower court | was not final. or because the judgment | of the lower court was not based on a | non-Federal ground sufficient to sup- | port it. 5 From this it may be seen that much of the court’s time is consumed in sift- ing out the cases which it will consider on the merits. Of the. 825 cases dis- posed of, only 374 cases were decided on the merits, and only 126 opinions were delivered, Now that the Supreme Court has caught up with its docket “its next | problem undoubtedly will be to di- minish the number of cases which should not_come before it. Thus far there has been no diminution in the | number of cases. During the year 1924-6 the number of cases docketed | jumped to 854 from 731 during the preceding term.. The probable reason for this is that though the jurisdic- tional act had been enacted it had not yet become effective, and attorneys de- THE .SUNDAY STAR, WASHINGTON, Decline of Aristocra sired to gain an advantage by getting | their cases in under the old law. Since then the cases docketed during any ! | one term have been in the vicinity of | 730 to 750, This is by far a larger | number of cases than any one court | can handle adequately. | What methods the court will adopt | to accomplish this end is not known. | the members of the bar concerning the cases which are now coming to the Bupreme Court. Each attorney, of course, sees great importance in his own rticular case, but he does not view his case in the light of hundreds of other cases pending before the Supreme Court at the same time. Appellants Penalized. ‘This term the court penalized two appellants in the sums of $150 and| $200, respectively, for bringing cases in which the court held the questions were so frivolous and so lacking in sub- stance that the proceedings merely wasted the time of the court and of the opposing side. One of them ques- tioned the constitutionality of = the Kansas statute extending the State’s power ‘of eminent domain to lands possessing historical interest. The other case involved a contest under a will and a question of the jurisdiction of thé lower Federal court in a suit against a State. Perhaps it was harsh to penalize the appellants for the mistakes of their counsel. Usually clients do not exer~ cise much control over the details in the proceedings taken by their attor- neys, and if they did this would prob- ably only hinder rather than help the situation. Furthermore, these penalties came somewhat too late, for by that time the court had already instituted the rule that in every case coming on appeal a preliminary jurisdictional statement must be filed, and these statements enable the court to dispose of the cases without the necessity of hearing the oral arguments. This method of discouraging the bar from bringing unmeritorious cases can hardly be applied to the great bulk of cases brought to the Supreme Court| on /preliminary applications to review the decisions of the lower courts. It would be " incongruous to an 'ved petitioner for asking the Supreme Court,’ in its discretion, to correct those rulings. In the main the -solution lies in a better acquaint- and p, on the part of the bar, with the work of the Supreme Court. Procedure Partly Responsible. In part, the difficulty lies with the procedure in the court itself. The bar has been encouraged by the court not to attribute much importance to denials of petitions for certiorari. The court assigns no reasons in disposing of such cases. When a petition is denied, it may be assumed that the court sees no error in the decision of the lower court. On the other hand, if .the case comes {rom a State court the reason may be that the case presents no' substantial Federal question, or that the decision may be based on a non-Federal ground, or that the judgment was not final. If the case comes from the Circuit Court of Appeals, the reason for the denial of the petition may be that there is no conflict among the decisions of the various circuits, or that the decision on a local question was not in conflict with local authority, or that the case does not present a question of general law not yet passed on by the Supreme Court. From whatever court the case may come, the regson for the denial of the writ of certiorari may be that substantial justice has been done by the lower courts, or that the case pre- sents no problem of sufficient public importance. Coupled with the above is the feeling on part of counsel, perhaps unfounded, that “public importance” is a relative term and that the judges are influenced in their decisions by the relative merits of the petitions before them at the par- ticular time. All these considerations create & hope that perhaps the court might grant a review in the particular Reasons for Denial of Petitions. Were the members of the bar apprised of the reason for the court’s action, the number of the petitions would undoubt- edly diminish. In some States, where cases may be brought to the Supreme Court of the State from the appellate court on a petition for a writ of certi- orari, the denial of the petition without g reasons is tantamount to an afirmance of the judgment of the lower court. If some such rule were adopted by the Supreme Court, it would serve 2s a reason for denial of petitions in a great number of cases. Many petitions could be rejected with the reasons stated in few words. Most of the petitions would vrob-bl{ be re- Jected for “lack of a substantial Federal question.” This phrase, however, may have to be supplemented by an opinion from time to time. Last year. when the Supreme Court decided the case in which 156 insurance companies sought to enjoin the rate-making order of the i Superintendent of insurance of Missouri, ‘the court, in an elaborate opinion, dis- missed the case for lack of a substan- tial Federal question. The jon was a contribution to the body of con- stitutional law. This term among the cases dismissed for the above reason was one involving the question whether & State’s power of eminent domain is limited by the equal protection clause of the Federal Constitution, or whether it is limited only by the requirements that the property be taken for public use and that just compensation be g‘ld to the owner of the property. s { md the court granted six out of seven petitions it might have been said that there is a fair difference of opinion. The present situation leads to the con- clusion that there is clearly a mis- on many occasions, was obliged to stop counsel in the midst of. their argu. ments, and dismiss the appeals for lack of iction. Such cases have taxed the time of the court, and therefore beginning with this term, the court adopted a fule that in all cases on ap- ], the appellant must file a pre- Elmry statement showing that the tase is properly before the court. This, i effect, subjects the appeals to the ‘satse preliminary seview a8 the term, also, in the case involving ‘the | constitutionality of the Ohio_railroad consolidation law and its conflict with the consolidation prov! of the | transportation act, the court at first ordered the case dismissed for lack of & substantial Federal question. -Later, M Wy Py judgment. e ourt of Ohlo, Such orders are likely BY COUNT CARLO SFORZA. | Former Italian Minister for Forelgn Affairs and Ambassador to France. IOLENCE sometimés destroys n]di institutions. But when the de- | struction comes from vlnlencr‘ alone, the institutions, under new names, may soon find a new | lease of life. Disappearance is definite | only when an institution has ceased to | believe seriously in its mission, in its | force, in its raison d'etre. It is in this manner that aristocracy has disappeared in continental Europe except In one small country, Hungary, and that it is disappearing in England | and in Japan, the only land in the non- European world _wheré aristocracy— | though under different titles—had the same chivalrous and feudal origin and | development as in the West. | Until ten years ago there were twnl aristocratic oases in Europe—Austria and Hungary. In Germany, in spite of | all the smart regiments, in spite of all | the pride of the Prussian Junkers, the | structure of the states was already a | middle-class organization, lacking only the advantages of a middle-class regime. because of the general servile admir tion for an imperial ruler, whose limi tions were guessed by the noblemen- who knew better how to take his meas- ure—more easily than by the middle classes, blinded as they were by the in- tellectual slavery that existed during the Bismarckian period. ‘War has destroyed one of the two aristocratic regimes—Austria. Straggle for Supremacy. In Hungary the aristocratic caste still struggles for supremacy, and up to now with success. Most of the Hungarian questions which are at present keeping European diplomats busy are merely ex- pressions of the will for power of the old aristocratic Magyar families. Nationalistic feelings—which are, alas, LAST MEETING OF LOUIS one of the modern forms of patriotism— have helped to destroy the aristocracies in most of those lands from which the new European states were formed after the victory of the entente. Among many subject races—the Polish, the Czech, the Rumanian and the Serbo- Croat nationalities—the landed aristoc- racy was not patriotic; the aristocrats often belonged to the nationality of the conquerors rather than to the nation- ality of the conquered ones. This was especlally true in Czecho- slovakia. In Croatia some of the great titled land owners were of Slavonic origin, but in social affiliation they con- sidered themselves Austro-Germans, or, to use a phrase of the old Austrian nationalities, only hatred remained. is quite natural that the aristocrats who were traitors to the national cause have now lost all influence. Peasant Proprietorship. " In Czechoslovakia, Rumania and Jugosiavia, proprietorship of the peas- ants and, at least, of the non-nobles, has replaced the former almost com- plete monopoly of land held by the aristocracy. That is why modern Hun- gary, where nothing of this sort. has happened, is likke an island of big aristocratic estates surrounded by an ocean of small properties. This ousting of the aristocracy from its estates saved Rumania, Jugoslavia and OCzechoslo- vakia from the bolshevist menace on their flanks—especially Rumania. The small landowners of these countries may have many shortcomings—and, in- deed, some of their governments have. But they are the reality of tomorrow. ‘They are, much more than they believe D. C, JUNE 16, . Growth of Social and Political Reforms in Europe Have Wrought Great Changes in Social Fabric - XVI WITH HIS FAMILY. themselves, the greatest growing reason for_peace in the European East. ‘The Hungarian aristocrats know that their landless peasants look with some envy on their Slav neighbors. This is why—perhaps with all sincerity, for the art of self-deception 15 so deep—the Magyar aristocracy waves aloft the banner of arch-patriotism and recon- quest. It is an old trick—this over- emphasis upon patriotism when there is a danger of dissatisfaction at home. But- powerful, spirited, intelligent, deeply conscious of its rights as the Hungarian aristocracy still is—the only aristocracy left, as an organization, on the European continent—it is impos- sible to deny that the great source of its agitation is the fear of losing its privileged economic position. And this, all the same, constitutes a certain dif- ference between themr and their an- cestors who wanted to <die for -their | queen, Maria Theresa. Cause of Disappearance. It aristocracy has disappeared from | Austria—where, with the exception of a few brave and noble personalities, the highest hochgeborene proved, in No- vember, 1918, to be preoccupied much more with their estates and their com- fort than with their loyalty to the dynasty—and has disappeared (only emrty appearances remaining) from Italy, France and Germany, the disap- pearance was, of course, due to serious historical and economic reasons. But—to dispese of an argument which has only an external link with the very essence of aristocracy—one might remark that the cheap multipli- cation of titles in continental Europe during the last two centuries was an additional, if only a secondary, cause of discredit. All serious students of heraldry agree that the 30 Prench Kings from eleventh century to the end of the the |t 1929—PART 2.° cy | French legitimate monarchy in 1792 have given or recognized at most from four to five thousand titles of nobility. |~ The, learned genealogist Maugard, in | his celebrated “Code de ‘la Noblesse,” published in 1789, the year that saw the birth of the French revolution, de- clares that no miore than 2,000 good titles were in existence at that tiwe. The others had died out. Of the 53 authentic titles of duke existing in 1789 less than two dozen survive now, which means that in a little more than a cen- tury two-thirds of these titles have dis- appeared. During the nineteenth century the two legitimate Bourbon Kings, Louis XVIII and Charles X, the “usurper” one, Louis-Philippe; and the new Bona- parte Emperor, Napoleon III, created no more than 3,000 new titles. This is evidence that authentic titles {should be extremely rare in France. | Perhaps American ladies spending the | season in Paris have quite a different | impression. As to French Titles. Let me make an estimate based on one French title about which, through related families, I happen'to have heard and known something certain—the sec- ond among French titles, that of mar- quis. (In France the dike alone ranked above the marquis, the dignity of prince having always existed in France only a titre etranger.) ‘When the World War broke out there were 987 titles of marquis being used in France. This number should have decreased during the war, for not a few of them died bravely in the trenches. But one may be sure that they have not decreased. Now, of all those titles of marquis 220 rest on the definite foundation of crea- The Story the Week Has Tol.d" BY HENRY W. BUNN. HE following is a brief summary of the most important news of the world for the seven days ended June 15. \ AT GREAT BRITAIN.—The following is the make-up of the new cabinet: Prime minister and first lord of the treasury, James Ramsay MacDonald; lord. chancellor, Sir John Sankey; lord president of the council, Lord Parmore lord privy seal and deputy leader of the House of Commons, J. H. Thomas; chancellor of the exchequer, Philip Snowden; secretary of state for foreign affairs, Arthur Henderson; secretary of state for home affairs, John R. Clynes; secretary of state for the colonies and dominions, , Sidney Webb; secretary of state for war, Tom Shaw; secretary of state for India, Capt. Wedgwood Benn; secretary of state for air, Lord Thom- son; first lord of the admiralty, Albert V. Alexander; president of the Board of Trade, William Graham; president ef the Board of Education, Sir C. P. Tre- valyan; minister of health, Arthur Greenwood; minister of agriculture and fisheries, Noel Buxton; minister of labor, Miss Margaret Bondfield; first commissioner of works, George Lans- bury; secretary for Scotland, Willlam Adamson; chancellor of the Duchy of Lancaster, Sir Oswald Mosley. There is a great deal of ability in the above group and a sufficiency of experience. To instance only a few: Philip Sno den proved himself a great chancel- lor of the exchequer in the previous Labor government. His qualifications for that office are at least equal to those of Winston Churchill. John R. Clynes, a paladin of Labor, is well placed for to his well proved administrative talent. There may be some question as to the administrative abilities of Sidney ‘Webb, but none as to his intelligence. | He is the foremost living writer on Socialism. Lord Thomson, the air secretary, ably administered the same portfolio in the previous Labor government. It was fortunate that the needs of the commonweal and the necessity of bestowing an important post upon a ‘woman could at once be satisfied in the appointment of Miss Bonnfield. She served as parliamentary secretary of the minister of labor in the previous Labor government, and no one ques- | tions the felicity of her designation. * William Graham, the new president of the Board of Trade, is one of th self had not a better head for sta- tstics. Some may demur to the preferment of Geoeys Lanstury to cabinet hnm}ni&xé probgbly given pledges of behavior. - He is really a most amiable person, whose bark is worse than his Arthur Henderson, the' new foreign secretary, has represented his party in Parliament longer than any other man, having been first elected to the ‘Com- mons in 1903. He began life as & laborer. He played a notably patriotic part in the war. He was, paymaster general and lebor adviger to the gov- ernment in 1916 and a minister, with- out portfolio, in the war cabinet. He went to Russia on a government. mis- stantial question. With the great quantity of cases mot diminishing, the court is thus confront- ed with a dilemma. In order to reduce the work to an amount which a court can humanly handle, the number of be reduced. But to reduce cases, the court will ol be ‘mll tomnh on 8 ‘work correl gres w which it to take juris- sion in 1917, He was home secretary in the Labor -government of 1924 and represented that government at Ge- neva. It is thus seen that he has had experience in the international field. Moreover, his_geniality will not be . He should make good. J. H. Thomas is given a sinecure post in order that he may, in effect, become & secretary for unemployment, heading & sort of “ ral stafl.” He & gene: began work at age of 9 as an errand and rose be a locomotive engi- . the Interna-. tional Federation of Trade Unions from 1920 to 1924, and has been general sec- retary of the National Union of Rail- way Men since 1918, except for the nine months that he. was secretary of state for the colonies in the Labor gov- ernment of 1924. Ramsay MacDonald was born Scotland in 1866, son of a laborer. He became identified with the labor move- ment in 1894, when he joined the In- dependent Labor party, whereof he be- came secretary in 1900 and chairman in 1906. He was elected to Parliament in 1906 and held his -seat until 1918, when he was thrown out on his pacifist record. He returned to Parliament in 1922. On January 23, 1924, he became Labor prime minister, this becoming possible through an ailiance with the Liberals, but he held office for only nine months, the Liberals withdrawing their support on his failyre to prosecute the editor of the Workers’ Weekly for pub- lishing an allegedly seditious article. Fourteen women won seats in the new House of Commons, as against ten in the late House—nine Laborites, three Conservatives, one Liberal (Miss Me- gan Lloyd George) and one Independ- ent. . . It is expected that Mr. MacDonald will visit Washington late in July or August for a heart-to-heart talk with President Hoover on the naval prob- in | lems. Mr. Winston Churchill is preparing for a world tour. He is to lecture in this country. ‘The King'’s birthday honors list, pub- lished on June 2, advanced 3 peers to higher rank and created 5 new 'peers, 5 privy councilors and sundry knights. Viscount Inchcape, the shipping mag- nate, was made an earl. Lord Hallsham, then lord chancellor, was made a vis- count, and the same of Field Marshal Lord Plumer, a great soldier, who re- cently justified his appointment as high commissioner for Palestine. Among the new peers is W. C. Bridgeman, lately first lord’ of the admiralty. He was made a viscount. A barony was be- stowed on Sir Willlam Tyrrell, ‘Ambas- sador to France. Do You Know How to Breathe? BY BRUCE BARTON. ONCE had -the misfortune l peasimism. now-chested chap with tuberculos He had given Tost. One night somebody induced him to go to a singing achool. A year later his chest was filled out; there was a sparkle in his eye; his laugh could be block away. a threatened mself up for life with one-third of his lung capacity unused. That is why, when you run, you get a “stitch ih your side.” The stitch is caused by the unfolding of some of the lung tissue that you. ought to use but do not. Even when you practice deep breathing, exeréises you prob- ably do not fill your entire lung ity. You expand your ; but the really important part of your'breathing is done with, your diaphragm—a big flat muscle that forms the floor of your ch ARd the abdominal muscles are the beys you need to train if you are to get the most out of your diapHragm. Fill your lungs until you feel your stomach muscles pre hard against your belt, stomach and intestines—helping along with the process of elimi- on. When you br forcibly, with the s cles; like a horse snorting—but without- the snort. Your ' stomach and will be forced up intestines st the Breathing in is important, but breathing out is mueh more important. A majority of the ills to which modern man victim originate in the intestin And the chief of them—auto- . intoxication, constipation—would pear if the stomach mus- they ought to get through deep, forcible breathing. Read some time a book by a man like Thoreau, or John Bur- roughs, or Stewart Edward White—one of the great open- air writers, Then, while the impression of its rich, bounding optimism is still strong upon you, pick up a book written by one of the Russian novelists, or by ‘one of our modern long-haired wri who believe that r sarily means murder and drunk- makes the differen will tell you that it " he thinks deeply, tic writer thinks As a matter of fact, the dif- ference is not in the brains of the two men, but'in their livers. It is not the depth of th thinking so much as the depths of their lungs. The corpuscles of the one are red and fed with exygen; the corpuscles of the other are pale and fed with cigarette smoke and germs. “For what, asks an old Sanskrit quotation. And answers: . the interval, between one breath and another. He who only half breathes only half lives.” . (Oopyright, 1999.) The Order of Merit was awarded to Robert Bridges, poet laureate since 1913, and to John Galsworthy, the latter be- ing awarded a knighthood, but begged leave to decline it. Lord Lee of Fare- ham was made Grand Commander of the Bath. Ben Greet, actor and pro- ducer of Shakespearean plays, was knighted, also Gordon Craig, producer of plays and movies. It was the sixty-fourth birthday an- niversary of the King that was thus signalized. On May 28 Edinburgh celebrated the 600th anniversary of the grant of its municipal charter. Of course, the town is far older than that—more than twice as old, at least. Edinburgh is in the very first rank of cities for combination of magnificent site with storied glamour, perhaps unsurpassed save by Athens and Constantinople, and if you lectual renown, it is topped by Athens alone. Arthur's Seat, Canongate, Cow- gate, Auldreekie, Holyrood—the shadows throng and gibber. * kK K FRANCE.—The North Atlantic has again been supervolated eastward; this time by three French airmen (plus an American stowaway) .in the French monoplane Yellow. Bird. Start was made from Old Orchard, Me., about 10 | a.m. Thursday and forced landing (fuel exhaustion, the objective being Paris) was made on the beach near Santan- der, Spain, the next evening. Conditions were adverse during the latter part of the passage, compelling @ detour. The additional weight of the fool stowaway was also a hampering circumstance. On June 25 full dress debate will begin in the French Parliament on the question of ratification of the debt agreements (signed. but not ratified) between France on the one part and the United States and Great Britain on the other. b b ITALY.—The Pope and Mussolini are already at odds over the interpretation of the recently signed treaty of con- ciliation and concordat (together, I be- leive, known as the Lateran treaty) between the Lateran and the Vatican. The Pope takes especial umbrage at duce’s recent speeches in vindication of those instruments, to the effect that the Christian religion, though born in Palestine, became Catholic at Rome, and that, it béen confined to Palestine, it might have flickered out like so many other sects which flour- ished by its side in that little country in its early day. “We certainly never expected,” says the Pope, “to hear (from the duce) heretical and worse than heretical ex- pressions about the very essence of Christianity and. Catholicism.” Nevertheless, on June 7, ratifications of the treaties were formally exchanged and the Vatican City State went into existence. * Kok RUSSIA.—Through the recent Rus- sian Easter season the Anti-God So- clety of Russia conducted a vigorous “campaign against L” Carnivals were staged on a magnificent scale, in which everything sacred to Christians was burlesqued. There has been of late :a revival of persecution in many sorts (imcluding eviction from trade unions): ‘of professing . - Of course, the result is wntrnl'{. to that prmed. ‘There’s nothing like perse- cut revive lukewarm or wavering faith, and many indicating a great religious revival in e offing. Alexel Rykov, president of People’s Co of the Soviet Union, has left. Russia “for a vacation on the advice of 2 gguflm. good BAlh 4020l cioss puked of intmate mak a triple combination, including intel-| pe, the striking statement in one of the |y of the Council | Manch 'EARLY INAUGURAL PLAN _ AGAIN WAI |Executive and - Legislative Would Begin Functioning in January : Instead of March—Long Moot Issue. BY J. A. O'LEARY. ~[\HE action of the Senate in again ing . the Norris -resolution for a constitutional amendment to have the terms of Senators and Representatives, President and Vice President begin in January, two months following election, thereby doing away with the short session of an old Congress, revives a proposal that has been debated from time to time for nearly a decadé and which gives rise to many interesting questions. The favorable decision in the Senate was expected, for that body had in- dorsed the change on four previous occasions in the past. Chief - interest centers in what its fate will be in the House, i:h":wn is ll:kely:: be taken up -during- tl regular session begin- ning in December. This same resolu- tion was brought to a vote in the House during the last Congress, after it had passed the Senate, and on that occasion it received the support of a majority of those voting in the lower branch, but, being art amendment to the Constitu- tion, it required two-thirds to pass. So, it failed and had to be started over again in the Senate this year. Its final passage depends, therefore, on Wwhether it can muster greater strength in the House now than it did in the last Congress. States Must Ratify. posed amendment would have to be but the author of the resolution believes the States would approve it. One of the most interesting ques- tions which is argued whenever this measure is considered is:. Should a new Congress and & newly-elected President be handed the reins of Gov- ernment by their predecessors imme- diately following an election, or is it better, as under the present arrange- ment, to have an interval following election for deliberation and study of current problems? Under the system as it now operates, there is a long and a short session of each Congress (except when special sessions are called to consider urgent business). The short session convenes every other year and terminates auto- matically on March 4, during which time members defeated in November continue to legislate. ‘Thus, there is a lapse of four months between the election and the beginning of the terms of new members, and if a special session of the new Congress is not called. shortly after March 4, newly-elected members do not begin their actual service as legislators until the following December, 13 months after they were elected. Every fourth year there is the same interval of four induction into office of the President and Vice President. Ends Arbitrary Adjournment. With a new administration beginning in January and the new Congress con- vening at that time the probable ef- fect would be two sessions of about equal length in each Congress, neither of which would be arbitrarily required to adjourn after three months, as is now the case on March 4 every other year. ‘Those who support the constitutional amendment take the position that in the campaign preceding an election the main issues of legisiation are threshed out_before the country, and that those elected In November should -have the z&pummny to-begin as soon as Em le after election to frame the policies they stood for. a Wl’ll.l.lel :;‘ll true that th:nPrelldcnl can ci new Congress into special session any time after March 4 when he believes such a course necessary, it is .contended that such a session would not have much time to legislate before Summer had set in, and that the Sum- mer months are not conductive to good legislative work. It is also em) by the sup- phasized porters of the change that the present g’n;;chmen‘ t}t will hed recalled \hl: ov recently resigned as presiden .of the Comuyn( ngl.'l Commissars ’ol Russia (prolieri. 5 * UNITED STATES—It will be re- called that the conferees of House and Senate rejected the debenture plan and that the House accepted the con- ference 'report. But on June 11 the Senate, insisting.on the debenture , rejected the report, 46 to 43, and re- turned the bill to conference. The President thereupon issued a statement adversely criticizing the Senate's action “No matter,” says the President, “what the theory of the export subsidy may , in the practical world we live in it will not bring equality, but will bring further disparity to agriculture. It will bring immediate profits to some speculators and disaster to the farmer.” On June 13 the House voted separately on the debenture plan and rejected it, 250 to 112, and on the 14th the Sen- ate backed down, and by 74 to 8 acquiesced elimination of the debenture feature. The President signed the bill yesterday. Both House and Senate having :g- proved the -conference report on the combination bill providing for a census in 1930 and for reapportionment of the House, the bill has gone to the Presi- dent. Dwight Braman, financier and en- gineer, is dead. Last Winter he in- eorrnnud in France a comp-n{mmr realization of his plan to reclaim a considerable area of the Desert of Sahara. The magnificent regional plan of New York and its environs has just been completed by the = regional committee. It presents a gui pro- gram covering a region h a radius of 50 miles from city hall, Manhattan, and expected to have.a m}lflnn of 20 milli by 1965; a dis! of 5528 square_miles—that is, somewhat larger than Connecticut. It proposes to do away with the present congestion and to provide adequate breathing spaces, playgrounds, aviation flelds, etc., all with solicitous regard to convenience, ealth and beauty. R NOTES.—Trial by court-martial has been taking place of 40 Spanish artil- lery officers involved in the mutiny at Ciudad Real last January. ‘The experiment of the royal dictator- ship in Jugoslavia is being watched by the world with a great deal of interest. It is too soon, however, besides that our information is sufficiently meager, to form an assured judgment as to whether or no that experiment is justifying itself. A good deal of dis- satisfaction _is reported, especially among_the Croats; but that would naturally be so, whatever the virtues or demerits of the experiment. The tatorship has not conciliated the confi- dence of the international bankers to the point of being able to procure a very greatly needed foreign loan. Admiral Kondouriotis has been re- elected President of Greece by the Greek Senate and Chamber in joint session. Reports to the effect that the Turkish government' proposes to order several new warships in Italy has caused the Greek government to decide on ordering several fast destroyess in One hears, moreover, that Venizelos has in mind trebling the me&mh of the Greek navy. - Little-credited dispatches declare If it should pass the House the pro- | ratified by three-fourths of the States, | one month after the November elections | months between the election and the | N HOUSE Branches TS O lapse of 13 months between election and the first regular session of & mew Congress is unfair to the new members of the House, because their first term is half over before they get an oppor- tunity to demonstrate their ability as legislators. Just as the new member is getting started, the time for renom- inations has arrived. With the new Congress meeting soon after election, it is argued, members would have ample time to make a record upon which to 80 before their people for renomination. ‘What Opponents Argue. Opponents of the proposed change hold that there is an advan in the present system, which has prevailed for more than a century, of allowing a newly-elected President and newly- chosen Members of Congress a period of time following election in which to prepare themselves for their new duties, in which to study carefully and de- liberately the questions they will soon be called upon to solve. They take the view that, in the case of the Chief Executive, the existing interval from November to March is none too long & time, after the strenueus requirements of a campaign, in which to enable the man elected to form his cabinet and otherwise prepare for the important position he is about to assume. With regard to the long interval between | election and the first regular session of a new Congress, those against the | change argue that if the public busi- | ness requires an earlier meeting the | President can call a special session four months after the election instead of waiting 13 months. The chief purpose of the change, however, is to avoid having the old Congress, including a varying number of defeated members, meeting and transacting business during that four months which now elapse between elec- tion and the end of their terms. While the question was before the Senate Senator Norris summarized the reasons why the change should be made, and Senator Bingham, Republic- an of Connecticut, presented the argu- ments in opposition. Senator Burton’s View. Senator Burton, Republican, of Ohio, ;‘;u i rter Mtlt:h: tl’x:!(iluflfll'l. reminded colleagues that the present arrange- ment for the meeting of Congress and the inauguration of a President is the result of conditions prevailing at- the | beginning of the Government, such as the absence of rapid transportation, the slowness with which news traveled and the custom of that time of giving to those elected to public ‘positions ample time to adjust their private affairs, | Those conditions, it was pointed out, | were entirely different from those which now prevail. It was brought out during the dis- cussion in the Senate that the bring- | ing of the new Congress into operation at an earlier date following its election would be in line with the practice of many other countries. In England the Parliament is con- vened within a few weeks after its elec- tion. Senator Burton pointed out that the Parliament recently elected is ex- pected to meet before the end of this month. In France the Chamber of Deputies is convened within 10 days following an election. It has been vided in the German constitution adopted since the World War that the Reichstag shall meet not llfi;{‘ th;:l"mofdlyl “\‘»7; election. e asseml in Hungary is six weeks after election and in Australia 30 days. In Brazil the time of assembly ranges from two to three months after Ellilg:n. 4nd in Argentina two months el ‘Those: who regard the Norris amend- ment as an unnecessary change in the Constitution say there is nothing to in- dicate other countries have passed bet- ter laws than the United States by rea- son of an 'méler convening tl?g! 8 new vernment. Supporters of chani ld, on the othet hand, that it is 1': accord with advanced thought on the subject. Necessity of Amendment. Another query which arises is: “Wh &nsflumm be amended é of & some it Congress law ww vide an earlier date for its assembly. The suj rs of the amendment reply that wi this is true, Congress could ing the members in office at ‘the time the chnn‘}f became effective, and that the le: of service of members cannot be without am F tution. If Congress en Consti- should by law fix & meeting date earlier in the year than March, it is contended, it would be the old Congress which would have to con- vene. Another reason advanced in of the change is that if the of Président should be thrown into the House for decision following any election under the present system, it would be the old Congress which would choose a Chlef Executive for four years. It is argued that in such a case many men who may have been defeated themselves in November would take part in select- ing the new President. Filibusters Made Possible. ‘The ' frequenty with which filibusters occur near the close of short sessions, under the t arrangement, due to the fact that the session must end at noon on March 4, also has been one of the points of debate. If the Norris amendment should be- come a part of the Constitution, the terms of Senators and Representatives would begin on January 2 and the terms of President and Vice President on January 15. The amendment also would fix noon on January 2 as the time for the annual m = gress. This would bring the mnewly elected Congress into actual service two months after its election. When!herflposll came to a vote in the Senate it was approved, 64 to 9, more than the required two-thirds. ‘When the same measure was up in the House in the last it received 309 favorable votes, with 133 voting against it. While this was a majority, it fell short of the two-thirds require- {ment for a constitutional amendment. There have been a number of e in the House since the question was last considered in that body. It was stated during the debate in the Senate that of the 209 House members who favored it on the previous occasion 36 are not members now. and of the 133 who opposed it 24 are not in Congres now. Uplift Movement Aids Chinese Army A moral endeavor society for cadets | in the Nanking Military College and for officers in the army has been or- ganized at Nanking under the. direct lpnuunne of President Chiang Kai- i shek and his wife. The soclety has its own quarters, which house a Chinese cafeteria selling only Chinese foods, and a co-operative. ment offers opportunity for athletics and gives musical instruction in both Western and - Oriental band music. Group singing is also promoted. offers The educational department classes in English, mathemati¢s and in that Soviet troops have invaded Man- | th churia (in reprisal for raids by the urian government on Russian consulates in - Manchuria). credited tches state that the Soviet forces on Siberian_fron H into Manchuria have oon- strengthened, - “ e S Generally | include tier march- | re