Evening Star Newspaper, March 16, 1937, Page 5

THE EVENING STAR, WASHINGTON, SKULL OPERATION MAY SAVE FENCER Rollins Dean Expected in Richmond After Crash Fatal to 2 Students. B the Associated Press. RICHMOND, Va., March 16— Memorial Hospital surgeons operated today on Jack Hagenbuch, driver of the sedan which crashed into a pole and killed two Rollins (Fla.) College students near here yesterday. The operation was to relieve pressure on the brain from a depressed skull frac- ture. Hospital attaches reported the 18- year-old member of the fencing team was in a “serious condition,” but ex- pressed the belief he would recover. Gene Townsend, 21, another member of the undefeated fencing team, en route to matches with Northern schools, who suffered scalp cuts and concussion, was reported resting fa- vorably. Prof. William Roney, fencing coach., who received cuts and several broken ribs, was also resting comfort- ably, hospital attendants said. Cheny and Corlies Die. Don Cheny, 20, of Orlando, Fla.. and Malcolm Corlies, 19, of East Orange, N. J., were killed when the car skidded from the Richmond-Petersburg high- | way. Hagenbuch most of the survivors Newark, N. J Dean College serously injured is a resident of | Arthur Enyard of Rollins | was expected here today to take charge of affairs for the students. Three others released from the hos- pital after treatment of minor injuries were Oscar Ehrhorn, jr., 19, of New York; George E. Fuller, 20, of Mobile, Ala, and Don Alfred Cetrulo, 20, of Newark, N. J, team captain On Way to Annapolis. Cetrulo said the teani was en route | to Annapolis, Md., where a meet had been scheduled for today with the Navy fencing team. H@ said they had left the school near Winter Park, Fla, early Sunday morning and spent the night at Raleigh, N. C The car in which the team was rid- tng struck a power line pole and burned after skidding from ihe high- way Bodies of the two youths killed in | the accident remained in Richmond pending arrangements by relatives for removing them to their homes. Cetrulo said Corlies, and Cheney, a junior, were both re- garded as ace men on the squad. Cor- lLies won the interscholastic national ehampionship at the matches in New York last year. The team, which had scored match victories over Georgia Tech, William and Mary and the University of Miami, had planned matches addition to Navy, with Lafayette, N. Y. U, Princeton and the University Judiciary (Continued From First Page.) and women of labor believe the Con- stitution to be broad, comprehensive and flexible enough to meet the ex- panding economic and social condi- tions of a constantly changing world,” Green said. “Its application, therefore to the life of the Nation depends upon the point of view of those who are clothed with authority to interpret it. Its remedial virtues can only be invoked when the economic ills from which the N suffered are understood by a judiciary composed of persons who are qualified by knowledge and experience to in- terpret statutes in the light of existing economic and social facts.” Green contended that the judicial | branch of the Government has lagged behind the legislative and executive branches in the realization of the necessity of legislation under the Con- stitution to meet the changing needs of the country. He said the A. F. of L. noted particularly that the Su- preme Court in recent decisions cover- ing social and economic legislation a freshman, | has by “a bare majority” overruled legislation of this kind. “For obvious reasons,” said Green, “those whose lives are cast in an en- vironment remotely situated from the | daily lives of the teeming millions who serve in the workshops, mills, mines factories and industries of the Nation, cannot grasp and understand the so- cial and economic problems which so vitally affect these workers. This | does not mean that those who serve on the Supreme Court for & long num- ber of years, living separate and apart from the economic and industrial life of the Nation, are hostile to the social progress and social betterment.” He insisted, however, that the mem- bers were not in a position to know all | the facts of present-day life and that new blood, therefore, was necessary on the bench. | Green told Senator Austin, Repub- | lican, of Vermont, he did not think | Supreme Court justices should be “re- | sponsive to popular will,” but that he ‘dxd think the personnel of the court | should include men “fresh from life.” | Senator Austin asked if the true con- ‘ gressional objective should be not be to | pass legislation conforming to the Con- | stitution, as defined by the justices, in- | | stead of “taming” the court. | Labor Decisions Recalled. ‘The labor leader disclaimed any de- | sire to “tame” the court, but reiterated | | his belief that periodic infusion of new | blood into the judiciary is desirable. Senator Austin apologized for “talk- | ing too long,” but added he wished to ask Green additional questions as he considered him an ‘“important and candid witness” and had the utmost | respect for his honesty and judgment. Explaining he wished to show labor often had sought “the sanctuary of the Supreme Court” for protection against a too flexible interpretation of the Constitution, the Vermont Sen- ator called the attention of the wit- ness to a long list of Supreme Court decisions “protecting labor.” | When other Senators én the com- | mittee raised the objection that time would not permit an answer from Green, Chairman Ashurst instructed | the federation president to prepare a | written reply and submit it to the | | committee | One Laugh Comes OQut. Senator Logan of Kentucky, ad- dressing Green, said that there were some people who believed that the Su- preme Court should “walk upright and inflexible.” | “Is it not your opinion,” Logan said, | | “that the court should walk with the Constitution as the rope beneath its | feet, leaning perhaps first to the right | | and then to the left?” | Chairman Ashurst interrupted: “If you are not a tightrope walker | you won't be in the Senate very long,” | | he said, bringing general laughter from | | the committee room | Senator Burke asked Green if it | | would not help to have a definite term | fixed for Federal judges and possibly | their election by the people, so that in | this way new blood could be added to the courts. Not Concerned With That. “We are not dealing with that kind | of proposal” replied Green, “and I | cannot pass on it. I believe the Pres- ident’s plan is the most practical at this time. Congress did a very good thing a few days ago when it passed the bill authorizing the retirement of Jjustices of the Supreme Court at 70 years of age. That will give a chance for new blood, also.” “You will admit, will you not, Mr. | Green,” said Burke, “that the framers of the Constitution made a mistake when they wrote into that document a provision for life tenure of office on | the part of Federal judges?” “I am not prepared to say that,” | replied Green. “There have been periodical changes in the court throughout the years until compara- tively recently.” “Do you believe in a judiciary in- dependent of Congress and the Pres- ident?” asked Burke. | “We all believe in that,” replied | Green, “but we want a judiciary that understands our problems.” after 10 or 20 years he is really out of touch. “It is not necessary that a judge work in a mill or a factory, but a man who goes on the bench must have recently rubbed elbows with the people,” said Green. “Do you believe that Justice Brandeis of the Supreme Court has lost his touch?” demanded Burke. “No,” answered Green emphatically, Immediately there was an interrup- tion by a Senator, who supports the President’s plans, to this line of ques- tioning. Senator Deitrich of Illinois declared he thought it improper to ask the witness to give his opinion about members of the Supreme Court and made a point of order. “The point of order,” he said, “is that a witness should not be asked his opinion of Government officials.” Senator Hatch of New Mexico and Senator McGill of Kansas both up- held the position taken by Deitrich. Senator Burke called attention to the fact that Attorney General Cum- mings and Assistant Attorney Gen- eral Jackson, in their testimony, had voluntarily spoken of several of the Supreme Court justices by name. “However,” said Burke, “I will with- draw the question out of deference to the wishes of my colleagues. Mr. Green has said, however, that judges on the bench get out of touch with life. I know of no better way to re- fute that than to ask him his opinion of individual judges and whether they have lost touch.” Difference of Motives Seen. Green took the committee by sur- prise when he sald he didn't under- stand the “inability of the Supreme Court to transact its business” was one of the reasons for prosing to add Justices to the high tribunal. Despite the original contention of President Roosevelt that a court of nine justices could not give adequate consideration to all matters coming before it, the labor leader took the position that the purpose of the measure was to insure | the addition of justices woh have not lost the common touch. | “As I understand it,” Green said, | “this is a long-range plan to insure addition of new justices periodically. i I do not regard it as a temporary ex- pedient.” Senator Connally, Democrat, of | Texas, pressed the witness for his an- | swer as to whether he would be in | favor of the bill if he did not antici~ | pate the appointment of “so-called lib- eral justices.” Green did not answer the question directly, but said he was willing to leave the matter of appoint- ments to the President and the Senate. Tart Reply to Objection. | Senator Dieterich objected to this line of questioning and Connally de- clared: “If we are only going to call state's witnesses, as it were, I see no use in holding a hearing. I think Mr. Green knows better than the Senator from Nlinois whether the question should be answered.” In an effort to show organized labor had not always approved presidential appointments to the Supreme Court, Connally cited the case of Federal Judge Parker, a nomination that the Senate refused to confirm. “He was fresh from the outside world,” Con- nally remarked, “but perhaps he was a little too fresh.” | ‘When Green was asked if he favored | depriving the Supreme Court of any | judicial power, Chairman Ashurst in- | | putes, | Congress and D. ©, TUESDAY, MARCH 16, 1937. was expressing the unanimous opinion of the American Federation of Labor in support of the court bill. Green re- plied that he was expressing the opin- ion of the Executive Council of the federation and “90 per cent of the membership.” “Does William L. Hutcheson, presi- dent of the Carpenters’ Union, agree with you?” asked Van Nuys. “Probably not,” said Green. He admitted that he had a high regard for Hutcheson, but that he differed with him on this question. Van Nuys said that he was merely asking this question to bring out the fact that the A. F. of L. was not unanimous in support of the bill. Green Fears Amendment Delay. Senator Norris asked if a consti- tutional amendment providing for specific terms for Federal judges were adopted it would not cure the situa- tion. Green said it would, but that it would take too long to get it. Senator Stewer drew from Green an admission that he believed the Consti- tution was broad enough to be inter- preted to square with the conditions of the day. “What is the difference between that kind of interpretation to the Constitution and no Constitution at all?” asked Steiwer. 3 Green said he thought there was a big difference. Steiwer wanted to know for what purpose the framers of the Constitu- tion had provided methods of amend- ing it. “To meet some special situation, I suppose,” said Green. Senator Norris said to Green: “You think that the welfare clause in the Constitution really means something?” “Yes,” Green answered. Green if Congress should pass and the President should sign a law for the compulsory arbitration of labor dis- what protection labor would have if it were not in the Supreme Court. The Texas Senator said that the President would come fresh from the people. Green insisted there was no dan- ger of any such law ever passing and Connally called his attention to the fact that in Kansas a number of years ago a law of that kind had been en- acted and that the court had been relied upon to throw it out. At 12:30 the committee, having fin- ished hearing Green, took a recess until 2:30 p.m. Invited to follow Green was Justin Miller, president of the Federal Bar Association and former law dean at Duke University and the University of Southern California. Among those following Green and Miller will be Prof. Edward S. Corwin |of Princeton University, whose writ- ings have questioned whether the Su- preme Court might not be in eclipse as an institution of government, and Dean Leon Green of the Northwest- ern University Law School. William Green's appearance at- tracted special attention among the President’s Democratic opponents in bill by the federation. Psychic Message Council 1100 Twelfth St N.W. Corner of 12th and “L” Circles Daily, 2:30 & 7:30 P.M. Grace Gray DeLong Reader | Personal interviews for spiritual felp terrupted: “If the President’s bill did that I would be its most determined op- | ponent. I don’t believe any member of the committee would vote for the bill if it took judicial power from the court, but it does not do s0.” | Green said he had the utmost re- | and guidance may be arranged by a visit ta the Council House or Telephone meuusolitan 5234 Consultation $1 AND HAIR LOSS CHECKED ITCHING RELIEVED BY USING spect for the court and favored an in- dependent judiciary, secure in all of | its proper powers. “It is as clear to me | as the noonday sun that this bill in no way takes judicial power from the court,” he added. Senator Van Nuys asked Green if he i Don’t be miserable with Questions Become Harder. { | Green admitted, in reply to ques- | tions, that he knew of no suggestion |. . in the constitutional debates that there would be new blood injected into | "ric acid accumulations which may bring | the judiciary at a specified time. Burke wanted to know if a Jjudge | sits in a court and has before him | constantly lawyers who are in close | touch with the people and with life, | loses touch himself with life. Green .insisted that a man on the | bench leads a cloistered life and that EXCESSIVE ACID . digestive upsets . . . aches . . . pains. Why be sick? . . . Eliminate the excessive really serious trouble. Mountain Valley Mineral Water helps correct acidity . . alkaline . . . pleasant tasting . . . helps the kidneys. too. for the pamphlet. 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Robinson coupled a prediction that the President's proposal would be en- acted with the statement: “It is by no means certain that amendments also will not be consid- ered by the two Houses of Congress for submission to the States.” He did not specify which of a score of suggested amendments might win administration support. | Robinson’s declaration, the first by | an administration leader indicating approval of any course other than the bill alone, intensified interest in the resumption today of Senate Judiciary Committee hearings. | Robinson’s statement was issued in the midst of an endeavor by senatorial opponents to agree on a constitutional amendment. If they can reach a decision, they probably will try to get it approved by | the Judiciary Committee without waiting for action on the President's bill. Hearings on the latter may take % be b ]’ adding ‘ S a can delightfully GULOENS ayonnaise improved by i‘ Mustard . The BIC Trea the light of the national campaign | being conducted for the President’s | { CHR_HEURICH BREWING 0 WASHINGTON, D.C. INTERNAL REVENUE TAX PAID weeks, for the opposition will not start its witnesses until next Monday. No Inconsistency Seen. “There is no inconsistency in the President’s proposal and in certain amendments to the Constitution that have been proposed,” Robinson said. “Certain amendments would un- doubtedly be received by the public with favor. These amendments, how- ever, do not have direct relationship ‘o the increase in the Supreme Court membership which is contemplated by the President's plan. “The latter is gaining ground stead- ily and I believe will be passed by both houses during the present session.” Senator Van Nuys, Democrat, of Indiana, a leading opponent of the Roosevelt bill, commented: “Our quarrel is not with the Presi- dent's basic objectives. It is with this specific course he proposes.” He declared opponents on the Judi- clary Committee—it apparently is split, 9 to 9—could get together on an amendment. Of those suggested, three have been talked about most: 1. The proposal of Senator Norris, independent, of Nebraska to limit terms of all Federal judges, including Supreme Court justices, to nine years. They now hold office for life 2. The proposal of Senator O'Ma- honey, Democrat, of Wyoming to re- quire a two-thirds vote of the Supreme Court to invalidate legislation. 3. The proposal of Senators Wheeler, Democrat, of Montana and Bone, Dem- ocrat, of Washington to permit Con- gress to override Supreme Court in- | validation of laws by a two-thirds vote. | Favors O'Mahoney Amendment. | Senator Burke, Democrat, of Nebras- | ka, a leader of the opposition in the | committee, expressed favor for the O'Mahoney amendment. He said he ' did not like the proposal of his fellow Nebraskan, Norris, to limit the tenure of judges. Having also introduced a bill to ac- complish the purpose behind the | O’Mahoney amendment, Norris said he would be pleased if some such plan could serve as a basis for compromise. “But I'm not very hopeful,” he added quickly. ‘The committee probably will not dis- cuss the question this week, however, while administration witnesses still are appearing at the public hearings. Americans’ Fitness Hailed. LONDON, March 16 (#). — Lord Aberdare, chairman of Britain’s Coun= cil on Physical Fitness for Defense, AND GET RID OF THAT GROUCH # 35 MILES 2 *% A—S returned from the United States yes- terday with the observation ‘“the average American probably is more fit than the Englishman” because of ath- letic training in school: IS A SURE CURE FOR GAS PAINS HOLLEMAN MOTOR COMPANY SALES—DI. 7534—SERVICE 1231 20m Se. NW. THE ONIY, COUCH DROPS B CONTAINING VI ° NCE each year, to cele- brate the coming Spring, we bring you t! big “treat” of the year . . . 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