Evening Star Newspaper, March 22, 1937, Page 2

THE EVENING STAR, WASHINGTON , D. C, MONDAY, MARCH 22, 1937. HOFFAN REPLIES T0 DR, TOWNSEND Washington Wayside Tales Random Observations of Interesting Events and Things. CRASH OLLAND HUNTINGTON, who covers the taxicab front for us. turns in a story today that seems 1o have a moral. Maybe morals for those who have the sists, Says Repre- sentative. v worded s E Tow L eh eves At whose bumper backed Any looking pavement A broken bumper ting How much?" The driver opened money ver examined the f d that ) a bracket He jammed the ends togeth risingly, they stayed that way They held, that 1a few ter when another backed the cab. Any itizen A broken o see any rate. it is about a driver cab suffered a broken front when a private car recently into it damage?" asked the bumper and House A m- the lying citizen, on the said the driver P asked the citizen. named a figure his purse and produced After had the mar the dy gone the broken. and, sur- days into car damage asked the second bumper.” said the driver ver s her apped the t agam a nper drove times he collected 1 space of a e thing began to look like able gold mine and it might hav ed out that way if an observant voungster out in Silver Spring had been taught silence was golden The sixth collision 1nvolved a phy- ian’s car and the medicine man to pay up when the your « witk Hey, you didn't break that. It before. Loc those 1 was about wa. usted cdges he physician was driver acted surprised surprised. the and no money * x 5 RETORT. : i Let no one be Sakne | absence of cocker spantel stories column for several days ¢ 18 no testament of disloyalty to the breed. It shall end with the tale of @ woman who called a proud ker owner to say that she, too er of the dog and owned snapped the dismayed by the other Bring my do erwority die of ser 7 an Nati Both are jects of ¢ s folkl e most conspicuous is the cloak coal-black nd of vellr mo called because of wings edged with a as an loose W for 3% have an in- « The male W s isa b < n which patrols e which smaller birds fly, spurt o f about 6 feet, and doesn't 1 wa loak” is one of the Chunk h makes a noise > ike buzz of the & f ens many w A he wise would make i £ ba 2 y Py, ers circling mong the rural superstitions e et =i and Maryland is that when one house there will & r- = 5 it 0 & house there will be a mar e Bata e ¢ the family within the year war away. Then. from the |’ to find one dead means ve saw & squad of 25 gove | €AY Within & weck. When three of ‘ AP ‘ny ap. | [hem are seen flying together it is pea ent pur. (INterpreted as a sign of death . s oy The mourning cloak survives in their heavier | ! Washington until about the middle of 1 May. Meanwhile, it lays its £ wasqull of | ¥ nwhile, it lays its eggs, which hatch in September. With the othe: comIng of Winter the new generation in turn seeks shelter under bark or we walked back in the crevices of woodpiles. the town Roxark arried the AND—, dlankets. One victim was The other early comer is the a "Wav for emergency | snouyinte cabbage butterfly nutes later he was 1t spends the Winter wrapped in blood-matted and its cocoon and emerges as a but- eut. terfly with the first warm Spring He had lost both eves days, surviving as an adult through . the Summer. 1t 1s sometimes considered a sign Memorial S e e el room, but if one lights on a per- 2 | som it 15 a sign of good mews. In __(Continued From First Paze) | Ireland similar white butterflies v e were called “the souls of our esk, but state, that the imposing of | ooy " S, /i ps and marble 10t living arch * ok ok % todav concerns CHECK of space and the JIRANK FENTON, who played re- 0 DESDIE cently at one of the local theaters, 2L Sule Sl made a radio interview appearanc ral can be for- | while in town, with Betty Hudson do- 1 alive and ing the questioning. The fact, with a place o ibsequent. elaboration, is set down reation and c here with the idea that Fenton's I AL N0 PUbIC M- | method might help out other persons me A mpor flouid D® ciampeded by microphone misery. L AQUL 8 haio ‘w Compe:-. “How did you happen to get into e eelg s e S atics?” Miss Hudson asked. £3. ¢ 8 ShistupnEos enton thought for a minute, a pre- ohn Russell Pope, New | cious minute, you can be sure. At the utldings of mporiamee gy | end of it. however. he bobbed up with e ah e et e perteranswer 7| “How did you get into radio?” he fis @D | wanted to know, establishing as pretty : \‘\‘{:‘m ;4 A stalemate as the ether has carried > in a long time ing an op- ok % % chitectural pro- self through com- Some pretty barbed talk is 1 an both for what an changed between orchestra leaders riate memorial should be and and the customers of the town's its executior supper houses. One of our eave: We wish very much to protest | droppers reports the following against the star chamber methods that specimen pieces were used to protest against Orchestra leader: “I'll play you the design so arbitrarily chosen, one | @ thing now you've never heard.” he United States ustomer: “Play anything at all s architectural | and the way you play it will make who know what | it unrecognizable to me.” —_—_— Eames X% > Public e paying MacVeagh. the Housing Di- Works Admin tribute uphold them," said MacVeagh, “they must be inspired again to go forward and to give some of our younger archi- 0 good the Pine Commission has | tecis a chance to make articulate this done here, contended that members of | transcendant new era of humanity.” that body “now stand for things as | The Fine Arts Commission has fa- they are, and to stand still is to go ‘ vored the location for the Jefferson backward." memorial and the design executed ‘If they expect us to continue to by Pope. Dr. Charles Moore, chair- { ) amaged item and | JUDICIARY HEARING - CROWDSINCREASE }Line of Standees Forms in Hall as Foes of Plan Are Heard. The firing of the opening gun in | opposition to President Roosevelt's | court reorganization plan today at- | tracted an even greater crowd to the | hearing on the measure in the Senate | caucus room than turned out to hear | Attorney General Cummings when he appeared as the first witnesses in sup- | port of the measure. | All seats in the spacious velvet- | draped room were taken when Chair- man Ashurst convened the Senate Judiciary Committee at 10:30 o'clock. Among the spectators were a number of Senators not on the committer n- luding Vandenberg of Michigan | Tydings of Maryland, Minton of | Indiana and Murray of Montana | Senators Norris of Nebraska and Van Nuys of Indiana were the only mittee members absent In front-row seats were scores of Senators and | tives, eagerly awaiting the testimony of the liberal Senator Wheeler | Montana. who opened the case for the | opposition. When Wheeler entered the hearing room, he glecfully exhibit- com- wives of Representa- 1 of At Court Bill Hearing GANNETT CHEERE ON COURT BATTLE |Encourager, He Says, After | Return Fror Capital Conferences. | BY the Assoclated Press ROCHESTER. N. Y. March | Frank E. Gannett, publisher, and chairman of the Committee to Uphold Constitutional Government, returning from Washington last night said he | was much encouraged by develop- ments in the fight against President Roosevelt’s Supreme Court plan I conferred with a number of Sen- ators, members of Congress and agri- | cultural leaders,” he said, “and I found the conviction growing that the inde- pendence of the judiciary tial to the maintenance of S0 essen- democra can be preserved. This fight can be won tomorrow that no one dict the would be so cl urately pre- resu now could ac the outcome. Protests Swamp Offices. “Protests in the form of telegrams letters and petitions are actual swamping the offices of all members of Congre: is tremendous mail in oppositic | running overwhelm ed a letter from Chief Justice Hughes to the President’s plan of packing th expressing the belief it should carry [court. One Senator who is listed s great weight with the members of the | being with the President j'“" ne committee. not see how he could vote for the | Mrs. Alice Longwor who has at- | with his State so definitely against tended several of the committee sese | He added that down in his heart hi sions, was amor Airivals | was opposed to the bill, but as a Dem- She, as well as yeetators | ocrat pressure would be put on him ta Listened mtently while Senator Wheeler side with the administration ) read the letter of e Chief Justice Several of the Senators said that ) the record e administration was beginning to the f time since the hearing 1 on the heat, and was puttin formed outside the door to the caucus t thless political machine we room, these standees causing the Capi- ve ever known. Not only are those t e some trouble in mamntaining | opposed 10 the President being threat- order when it became apparent thes |ened with patronage reprisals a 4 would not be able to get the withdrawal of all support. for their hearing room. | districts, but propaganda agents of e Government are getting busv. In 5 ery county in the farming States D. C. WOMAN'S RELATIVE the Department of Agriculture has TEXAS BLAST VICTIM Sl e employes or home economics | Fear that her half-brother, Daniel nstrators who are actively | Archer. had been killed in the : administration’s London, Tex. school disaster last i Primary Support Urged T y. was confirmed yesterday | Because the Democratic member: M e L0 L s of the Senate and House who are 1, she received a citnesses at the Senate Judiciary Committee's hearings on the |taken such a stand so deser ot who had flow session supported in every way possible b of the dy r Belon s. Burton K. Wheeler (right), wife of the Senalor, Republicans in th 1es where the explo: —Underwood Photos se, in coming eiect Chief Justice’s Letter Tt adl (. pions o cer- | e ey rom, S : ess for me reason a e effect as separate cou For Terms 1930-1937 time I have not been able to cons Total cases on SARER Y 52, a 1.02 era with respect to the foregoing Disposed of dur r = R Senta SeECann RA4 A1 statement, but I am cor Cases remaining on dockets LSRR 139 197 n accord with the R 1 4 1 have been il M 2 2 5 Justice Van Devanter and Mr. Justice i ‘ Py 40 Brandeis. and I am at Liberty to sa ¥ that the statement is approved b: Appellate—on merits B ! Siyeysana 28 1 have the honor to re- Petitions for 47 60 54 spectiully vours, Work Held Labarious gned ) CHARLES E HUGHES For Terms 1923-19%3 . k of passing these Chief Justice of the United Sta ‘U» 934 s { tiorarl 18 laborio: rable Burton K Wheeler A = 2 o Ha s B : to perform ed States Senate, S 7 p o hington, D. C. naining on docket i 09 2 i S ribution of cases—cases disposed of ; ; Original cases = J‘l(ll('lal‘\ Appellate—on merits o e e bu . s for certiorari ... 2 Skl an SR, mn Shasey = 4 24 B € n - certior are cases and 1 had had many e . 4 4 34 tior aw. S cases tun cide against me. But 1 i Further Statistics Available pea \ 5 S 3 and those for earlier terms are avail- pos Shestlons ot i iy s able if you desire them. questi view that the evidence must be ex- During the present term we have of statutes; or because of the import- | amined and then only to the extent Lauds Brandeis and Holmes. thus far disposed of 666 cases which ance of the questions of law {hat ar® that jt §s necessary to decide the *1 repeat, again, I was shocked when include petitions for certiorari and involved. ~Review by the Supreme guestions of law Iread the President’s message and t cases which have been argued on the Court is thus in the interest of the I This at once disposes of a vast num- | letter of the Attorney General 1 merits and already decided 3. The statute relating to our ap- pellate jurisdiction is the act of Feb- ruary 13, 19: 43 Stat. 936. That act limits to certain cases the appeals which come to the Supreme Court as a matter of right. Review in other cases is made to depend upon the | allowance by the Supreme Court | & writ of certiorari Where the appeal purports to lie as of & matter of right the rules of the Supreme Court (rule 12) require the | appellant to submit & jurisdictional statement showing that the case falls within that class of appeals and that a substantial question is involved. We examine that statement and the sup- porting and opposing briefs and de- cide whether the court has jurisdic- tion. As a result, many frivolous ap- peals are forthwith dismissed and the way is open for appeals which disclose substantial questions. | Act Limiting Appeals. 4. The act of 1925, limiting appeals as a matter of right and enlarging the provisions for review only through certiorari was most carefully consid- ered by Congress. I call attention to the reports of the Judiciary Commit- tees of the Senate and House of Representatives, Sixty-eighth Con- gress, First Session. That legislation was deemed to be essential to enable the Supreme Court to perform its proper function. No single court of | last resort, whatever the number of Judges, could dispose of all the cases which arise in this vast country and | which litigants would seek to bring up if the right of appeal were un- | restricted. Hosts of litigants will take | appeals so long as there is a tribunal accessible. In protracted litigation, the advantage is with those who com- |mand a long purse. Unmeritorious | appeals cavse intolerable delays. Such | appeals clog the calendar and get in | the way of those that have merit Under our Federal system, when lit- | igants have had their cases heard in | the court of first instance and the trier of the facts, jury or judge, as the | case may require, has spoken and the | case on the facts and law has been | decided, and when the dissatisfied 1 party has been accorded an appeal to | the Circuit Court of Appeals, the liti- | Rants so far as mere private interests are concernea have had their day in court. If further review is to be had | by the Supreme Court it must be be- | cause of the public interest in the | questions involved. That review, for example, should be for the purpose of resolving conflicts in judicial decisions | between different circuit courts of ap- ! peals or between circuit court of ap- s »n and enf its appropriate expos ‘ ment ot in the mere interest of tha Ntigar It is obvious that if appeal as & mat- ter of rig res ed to certa de- seribed o s, the question whether re- view should be allowed in other cases m necessa be confided to some tribunal for determination. and, of course, with respect to review by the Supreme Court, that court should de- cide Rule Ts Quoted. 5. Gr ing certiorari is not a mat- ter of favor, but of sound judicial dis- cretion. It is not the importance of the parties or the amount of money involved tt is in any sense controi- ling. The action of the court is gov- erned by its rules, from which I quote the following (Rule 38, par. 5) “6. A review on writ of certiorari is not a matter of r t, but of sound judicial discretion, and will be granted only where there are special and im- portant reasons therefore. The follow- ing, while neither controlling nor fully a measuring the court’s discretion, in- | dicate the character of reasons which will be considered (a) Where a cided a Federal q not theretofore determined by this court, or decided it in a way probably not in accord with applicable decisions of this court 8 (b) Where a Circuit Court of Ap- peals has rendered a decision in con- flict with the decision of another Circuit, Court of Appeals on the same matter; as decided an importa question of local law in a way prob- ably in conflict with applicable local decisions; or has decided an important question of general law in a way probably untenable or in conflict with the weight of authority: or has de- | cided an important question of Federal | law which has not been, but should be, settled by this court: or has decided a Federal question in a way probably in conflict with applicable decisions | of this court; or has so far departed | from the accepted and usual course | of judicial proceedings, or 5o far sanc- tioned such a departure by a lower has de- of substance tate court estic has | court, as to call for an exercise of this court’s power of supervision. | (c) Where the United States Court of Appeals for the District of Columbia | has decided a question of general | importance, or a question of substance relating to the construction or applica- tion of the Constitution, or a treaty or statute, of the United States, which has not been, but should be, settled by this court; or where that court has not given proper effect to an applicable decision of this court “ These rules are impartially applied, | number of justices is thought to be | other considerations ber of factual controversies where the | thought it was an attack on the mem- parties have been fully heard in the bers of the Supreme Court, partly be- courts below and have no right to cause of their age, and upon one of rden the Supreme Court with the |the greatest of justices—Mr. Justice dispute which interests no one but | Brandeis. I sat the feet of Justice themselves. This is also true of con- | Brandeis and of that other great troversies ov contracts and docu- | liberal, the late Justice Holmes, for ments of all sorts which involve only | years, and to say that these men were Questions of concern to the immediate parties. The applicant for certiorart disqualified because of age was an in- dictment to which I cannot agree 1s required to state in his petition the “Liberalism has nothing to do with grounds for his application and in a | age. My late colleague. Senator Walsh host of cases that disclosure itself dis- | of Montana, was 74 years old at the poses of his request So that the | time the President appointed him At- number of pages of records and briefs afford no satisfactory criterion of the actual work involved. It must also be remembered that justices who have torney General. Senator Carter Glass of Virginia, who was offered a place in the cabinet in 1933, was then one of the elder statesmen. George Norris, been dealing with such matters for | Senator Borah, Senator Hiram John. years have the aid of a long and varied |son are among the most forward- experience in separating the chafl | Jooking men of the day. It cannot i fie wi from the wheat be said of them that they failed to Sees 60 Per Cent Without Merit. I think that it is safe to say that about 60 per cent of the applications for certiorari are wholly without merit and ought never to have been made There are probably about 20 per cent or so in addition which have a fair de- gree of plausibility, but which fail to survive a critical examination. The remainder, falling short, I believe, of 20 per cent, show substantial grounds and aré granted. I think that it is the view of the members of the court that if any error is made in dealing keep abreast of the times.” Declaring “‘we first were led to be- lieve” the Supreme Court was behind in its work and had been obliged to neglect hundreds of appeals, Senator Wheeler said “We must assume that the President has been guided by the highest motives of patriotism, but it is unfortunate that he should have been misinformed by the Attorney General. who was in & position where he should have known the fac Sees Liberal Movement Hurt. with these applications it is on the e e If we pack the court in the manner now proposed, it is going to hurt the 8. An increase in the number of Jiberal movement. It will discredit the Democratic party. If I wanted to de- stroy the President of the United States, I can think of no better way than to vote to give him six appoint- ments to the Supreme Court." Urging the constitutional amend- ment as the only satisfactory means of accomplishing the desired purposes, Wheeler declared “I have talked with virtually all Senators opposed to this packing of the court and I feel safe in saying they will submerge their own indi- vidual views and vote for any reason- able amendment the President will propose.” Wheeler also voiced a scathing de- nunciation of some ‘“official liberals” who have been close to the President. “I suffered for my liberalism," he said, “and I didn't become a liberal justices of the Supreme Court, apart from any question of policy, which I do not discuss, would not promote the efficiency of the Court. It is be- lieved that it would impair that effi- ciency so long as the court acts as a unit. There would be more judges to hear. more judges to confer, more Judges to discuss, more judges to be convinced and to decide. The present large enough so far as the prompt, | adequate and efficient conduct of the work of the court is concerned. As I have said, I do not speak of any in view of the appropriate attitude of the court in relation to question of policy Calls Division Plan Impracticable. T understand that it has been sug- | gested that with more justices the | court could hear cases in divisions. | It is believed that such & plan would | after arriving in Washington. There be impracticable. A large proportion | are a lot of official liberals around of the cases we hear are important, here who have and will be deserting and a decision by a part of the court | the New Deal ship to go over to fat would be unsatisfactor [Proving Efficient | In Tests, Woman | a constitutional | jobs with the economic royalists in the | I may also call attention to the | caves of Wall street. It has been sick- | provision of Article III, section 1, of | ening to me to watch some of them.” the Constitution that the judicial| The Montana Senator again ac- Gets Fireman Job Mother of 13-Year-Old Boy Wins Over Op- ponent BY the Associated Pres HIGHTSTOWN, N. J. March 22— It's Mrs. Augusta Chasin, volunteer fireman,” now A mother of 2 13-year-old boy, she was unanimous'y elected a charter member of the Jersey Homesteads Vol- unteer Fire Company vesterday, along presidency of the organization, but clined to run She content, she said, Just to be a fighter— New Jersey's first firewoman When Mrs. Chasin first applied WO WEPKS aR me of the men f{olk at the Pederal Resettlemer 15 tration v contended fire g was not a woman, that a w 'S place was in the home. But petite Mrs. Chasin fought back and at a recent drill handled a hose alongside a group of stalw That she impressed her opponents was indi cated by vesterdayv's unan ous vote rt plan views inconsistent with formerly held by him Let me call your attention to some of the views of the President of the United States—not expresse the horse and buggy days’ and not after we found ourselves the midst of the reat depression,” Wheeler said. He then quoted the foll Mr Roosevelt’s second ina ddress o Senat Wheele tion Cites 1932 Action B now a e ited S read to o's letter er e I have he Chief Ju Senator commit ce of the Ur ler then Wh tee the he Sena a prepar In his testimo had believed f; nated a employment bargainir e economic statu Cites Party Platform was shown t )t wante these thing: but done in a sane. sensible nn 1 submit that the last Democratic rovided the way—i amend- ment. If some of the t we now contend for had been in Consti- tution originally. it would never have been adopted. Every member of this committee knows that is true “I'm no college professor, but I am able to see, nevertheless, that the framers of the Constitution provided for its change by amendment and that 1s the method I favor I am opposed to packing the court. I don't believe the end ever justifies the means. If it is morally wrong for a& private litigant to pack a get what he wants, then it is wrong for Go nent as gant to do the same Wheeler then remarked tha ator Dieterich, Democrat, of who is supporting opposed the le lic utilities because he tho unconstitutional “Did you ever hear ay T that law was unconstitutiona Die- terich demanded Iy memory now is no better than on t point your testimony is not worth much “Well," responded Wheeler, “if didn't oppose the bill on constitutional grounds, you must have opposed it be- cause you didn't want any regulation of utilities.” ees Speedy Amendment. vou Wheeler repeated the statement he read in the Senate dast week from President Roosevelt's book. “Looking Fordward"—that adding new members | to only added to their trou Reverting again to the question of amendment, Senator ‘Wheeler said one could be enacted a matter of a few months if t President, with farm and labor port, woulc use his “gre luence t' that e Expressing doubt that the appoint- ment of justices would accom- plish the desired end, Wheeler sald: “1 voted against Hughes aitd Stone the court les in e sup- new s power nfihe United States shall be!cused the President of expressing in ' because I thought they were reaction- » HARLAN COUNTY PROBEUNDERWAY Follette Committee pens Study of Records of Kentucky Firms. La 0 BY JOHN C. HENRY. Records of 16 coal and steel ¢ pa and 1 employers' at ning Harlan v aid before the La Follette Liberties Committee 1n= day as that group prepared for thor- ough ex; n of the “dark con nent” of civil liberties in America Determined to uncover the back lius additior gation in the fie wfore a questioning of wite subpoenas ealled for rec- \ancial transactions Organizations Listed e org zations unde a are United States Coal & Wisconsin Steel Co., Bard of which he a e ned out to be liperals. The sera e Senate ed for y e Roberts a e has urned ou be reactionary ect a { e Constitutini, q q f decide ques- s a ng to dictates of his ance And ellicarice Ir ponse to a question by Sen- a Burke scrat, of Nebraska Wheeler said that under the circums inces he would be as strongly op- to the appointment of two new istices as of six. He added he wou or an amendment empowers 12 Congress after a “cooling perind™ re-enact legislation over a Suprema Court veto provided the bill of rights exempte Wheeler stently rg endment ride adverse decisions Court, will be followed Raymond Moley, fore brain truster” of the d now editor of a weekly He also has the Pres ey T Opy es Y follow Whee ) ide Harold ‘ presentative Lemke, Re- Indiana. 1936 Un tial nominee, and rey Grange 1 expected support a radio address tonight rke only ing former e Supreme Court. He Diego. Calif, at ard time) over a C) hook-ur Gov. James M. Cox of Ohin w duce him Four Southern ch make ad SSPAs O irday night hey are Govs. R. W Leche of 1 Bibb Graves of Alabama s of Georgia and Olin D. J f South Carolina ADMITS KIDNAP THREAT Court w to Pass on Winchester man's Case Thursday WINCHESTER. Va Mar Disposition is to be made Thur Harrisonburg Mrs which Court case n city Federal of a Roy Teets, last week to charges preferred by the Govern- m sending reatening letters through the mails to Harry Himelright, ocal bus n tening to dnap On motion of Mrs Teets' attorney. the court granted u March 25 for a mental examination of the accused pleaded v hre Congress in Brief TODAY Senate: Debates naval appropri.tion bill Judiciary Committee hears first witnesses opposing court bill Civil Liberties Committee sub- poenas Harlan County, Ky, data House Debates four-department approprie atl bill Agriculture Committee resumes hearings on gar legislation TOMORROW Senate: Will consider routine business if naval supply bill passes today Judiciary Committee continues hear- ings on President’s court bill House Resumes debate on appropriations bill for State, Commerce, Justice and Labor Departments Foreign Affairs Committee consi ers resolution authorizing Federal par- ticipation in New York World Fair at 10 am Interstate Committee 10 am Subcommittees of Appiopriations Committee continue hearings on war ‘nd agriculture supply bills, 10 a.m. » and Foreign Commerce considers aviation bil