Evening Star Newspaper, March 26, 1937, Page 7

The President, the People and the Court Issues in Controversy Are Considered in Light of Past, Present and The Principles of Criticizing Courts. To the Editor of The Star. Your recent editorial entitled “Reck- less Sowing” hit the mark exactly. In connection therewith the following language of Mr. Justice Owen of the Supreme Court of Wisconsin, in a case appearing at 206 Wisconsin 374, decided in January, 1932, may be apropos: “It may be remarked, here, however, that the cause of public welfare and the stability of government is illy served by stirring up unfounded preju- dice against the courts. Their weak- nesses and delinquencies are the proper subject of public commment. But comment along this line should be well founded and directed to the cor- rection of abuses. In organized so- | ciety some way must be provided for the settlement of controversies. This is necessary if we are to avoid the arbitrament of the sword and curb the strong in overpowering the weak. The members of society have become content to accept the decisions of courts in their controversies with their fellows, and they will remain content so long as they have con- fidence in their courts. Restlessness, discontent and anarchy, however, will result with the passing of confidence in the integrity of the courts, and stable government will totter upon its foundations. It is for this reason that high-minded citizens refrain from impetuous and ill-founded criti- cism of the courts. They realize that the stirring up of passion and prejudice against, and the inspiring of a lack of confidence in, the courts is an assault upon organized society. Of all the departments of government the courts are the least able to defend themselves against public attack. So- ciety expects such strength and dig- nity on the part of judges and courts as will restrain them from the rough Future by Star Readers. part in the deliberations. Those who held the theory constitutional were | Day, Pitney, Clark, Holmes, Sanford, Taft, Brandeis, Cardoza, Stone and | Hughes—total, 10. Those who de- cided against were White, McKenna, Vandevanter, McReynolds, Butler, Sutherland and Roberts—total, 7. The why does the opinion of the T outweigh that of the 10? Opponents of judiciary reform may say that an all-wise Providence preserved to a great length of years th. seven stal- warts to save the country in this great crisis. New Dealers will de- clare that it was just because the Grim Reaper failed to give the lib- erals an even break. Anyhow, the | seven have succeeded in writing their social philosophy into our sacred fundamental law; and that of their 10 distinguished contemporaries is declared “legal bunk.” Such momentous and closely di- vided questions could just as logically be settled by having the dignified jurists flip coins if the element of luck is, after all, the main determin- ing factor. I am indebted for the above analysis to a study published by Mr. Irving Dilliard, ed:torial writer of the St. Louis Post-Dispatch. The division of the court in the Oregon case is not a matter of record. Mr. Dilliard ar- rived at it by a course of deduction, but it is accepted as correct by recog- nized authorities on the history of the court. DWIGHT T. SCOTT. On “Dividing Up” the Court. To the Editor of The Star: Mr. Chief Justice Hughes says (in substance): “To divide the court into committees and to assign the various cases among these committees for final decision would be impracticable.” Well, I can’t afford to try and cor- rect Mr. Hughes. But would say: NG STAR, WASHINGTON, D. C., States Senate. If they fail to save the Constitution and the Supreme Court, as is, then democracy is on its death bed in America, ' JOHN J. ENGELDRUM. Quoting Judge Wood. To the Editor of The Star: 5] This quotation from Judge John Perry Wood, Judicial Selection Com- mittee chairman of the American Bar Association, is so feelingly and ad- mirably expressed that I should like to see you feature it in your paper: “No lawyer of training and experi- ence, respecting himself and the great traditions which, if continued, will keep the Supreme Court independent, would accept one of President Roose- velt’s appointments under the pres- ent plan. “He could not endure the shame of approaching those grand old jurists and saying: ‘I have come to sit with you and control you because you are old and decrepit and do not decide as my master wishes.’” WILLIAM JEROME MAGUIRE. Los Angeles, Calif. Says Judges Would Change. To the Editor of The Star ‘Why don’t the judges retire? Give me a chance to retire on $20,000 a year and see how quickly I'll retire! Perhaps they have patriotic reasons, though, for not doing so. They must serve the people in the dilemma. We need, I believe, a change of prin- ciple—point of view—mr re than we need & change of judges. If any of the judges have overstepped their proper | bounds, point the misstep out to them. FRIDAY, MARCH 26, 1937. ‘They will be as quick to readjust their views to present-day, juvenescent needs, I have no doubt, as any other branch of the Government. WELZIE O. RAY. Linking Judiciary and Religion. To the Editor of The Star: There is much discussion anent the Constitution -and the Supreme Court. Has it ever occurred to anybody to see what the Bible has to say about it? It recognizes the need of a Supreme Court in Deut. xvii,, v-8 seq. But it stipulates that it shall in- clude three elements, priest, Levite, Jjudge, meaning religion, judiciary (see Deut. xxxii, 10, teachers of justice and law) and civic authority (the whole Bible book of Judges means the story of the civic or na- tional leaders). The present Supreme Court is ex- clusively judicial. A representation of religion and civic authority would not be even tolerated. There is food for thought here, for religion means justice and law, or Justice and righteousness. They ought © ESTABLISHED 1865 ® CALL BARKER For “Hard-to-Find”’ Things For instance, Monel metal mouldings for hardboard in- stallations or . . . all size hardwood dowels for home- croftsmen. Whatever your lumber problem, Barker an- swers it quickly, satisfactorily and at the lowest cost. ] 7 ' GEO. M. BARKER / o COMPANY o / LUMBER and MILLWORK 649-651 N. Y. Ave. N.W., 7 f 1523 7th St. N.W. 7 7, NA. 1348, “The Lumber Number” 7 N\ N NN N to be able to work together. L ‘Today law is not always justice and justice is not always righteousness. The suggestion of judiciary and religion being conjoined is worth thinking about. But it is a great sub- ject to handle. Shall we shirk it? Ought we to shirk it? H. PEREIRA MENDES, Minister emeritus, Spanish-Portu- guese Congregation, New York. New Oath for Supreme Court Justices. To the Editor of The Star: A new oath has been suggested for Julius Lan the Supreme Court justices as follows: “Do you swear by the President of the United States, elected by a majority of 10,000,000, and to whom you must answer for the deeds of your official life, that you will support all the New Deal legislation enacted by Congress at the behest of the said President? So help me Roosevelt!” The spirit of force advocated by J. P. Nef! in his recent article to compel the Supreme Court to ratify the New Deal measures which it previously de- clared unconstitutional inspired the b urgh Furniture Co. above suggested oath as a substitute for the one that justices now take to support and defend and preserve the Constitution, GBORGE JEFFERSON, Jr. 01d Moorish Gardens. Some of the loveliest sights in Spain are the old Moorish gardens all with | fountains and channels of running water. For desert dwellers as the Arabs were, when they settled in Spain they brought their craving for ever- present water with them. viuain TOY SALES ROYAL Vacuum Cleaners Free inspection te all Royal wsers. JCHARPING 517 10th St. NW. NA. 2160 Est. 1917. F St. N.W. Buy on a *“J.L.” Budget Account COMMODE, 18th century French type, with shelf and two drawers. Solid Mahogany. SERVICE In “the old Germany” the Imperial | Supreme Court and also each of the | courts must be left to a fair and | SuPreme tribunals of the component | | states were split up into ‘“senates.” unbiased consideration of their own | Tecords by an intelligent public con- | Each senate handled one-half of the | | ks science. 1f there should be restraints | 35¢S: And the majority opinion of | upon the criticism of courts, such each senate was accepted as the opin- | restraints should be moral in char- | 1o% Of the court. 3 Now things have been simplified | acter, and proceed from a wide-| .. | spread and deep-seated conviction of | ;‘,‘,fl,;“";fi;“‘r‘,‘s.‘}fvfifi“?;‘e‘mlx' e e propriety. The penalty for excessive | %0V have resolved themselves | or unjust criticism can be no more i =l than that incurred by one who FREDAVEEIER] breaches any other social convention. It must proceed from the loss of re- spect which is accorded the offender by his fellows.” PAUL F. HANNAH. and tumble of public debate concern- ing their actions. The defense of the CHINESE CHIPPENDALE SOFA with solid mahogany frame, downfilled eushions and covered in beautiful bro- catelles. COCKTAIL TABLE, Chippendale with double removable trays. 8olid ma- hogany. n Few MEN can afford the “luxury” of being indifferent to their appearance. If people don’t approve of you, you’re left behind. If they do . .. you go ahead. So wear better clothes. We recommend the GROSNER “35” SUIT at $35 choose from $]650 Sees Roosevelt-Lewis To the Editor of The Star The article written Lawrence and the one written by | Dorothy Thompson in The Star, March 19, should have been read by | every adult in America. | ‘Whither are we going—to fascism— or to communism? At least we seem to be headed to some sort of dictator- | ship. If this proves to be the case, | then what will become of States' | rights, local government, political The will of this great majority of | Parties, free press, free speech and | American citizens should 1 respected. | €Ven Of organized labor? The fight is on underneath the surface, between They have full confidence in our | il President, for he knows how to solve | Fcosevelt and John L. Lewis as to problems Tight. | who is to be the boss of the New Deal, | He stands out like a beacon on a | Which appears to be “just around the | stormy, dark night, showing us the | COrner. If Lewis wins, will the; way to & little bit of Heaven on earth. President then become another Keren- | ALBERT BAJTAY. sky, or say, a Victor Emanuel—and Lewis become a Stalin or a Mussolini? It appears to me that between a dictatorship and free government there now stands only the United Fight. by David | PEMBROKE TABLE, grace- ful lines and finished with genuine mar hogany ve neers. sl 4.75. The Will of the Majority. To the Editor of The Star Out of the nine Supreme Court Judges seven were appointed by Re- publican Presidents. On the other hand, the ideals of our Democratic President were backed by 11 million majority voters. KNEE-HOLE DESK, attractively styled with nine drawers. Beautiful walnut veneers. $2975 CHIPPENDALE CHAIR, beautiful mahogany with up- holstered seat. = PILLOW BACK LOUNGE CHAIR, down filled in sev- eral attractive shades of Tapes- $2950 try. OTTOMAN to match, generous size, mahogany frame. $750 The Seven Who Decide. To the Editor of The Star: Here is a brain teaser for your Supreme Court debaters. .a the last 20 years the ocourt has been called upon three times to pass upon the | essential question of whether mini- | mum wage and hour laws are con- ! stitutional. In 1917 they sustained the Oregon | law by a tie, 4 to 4, Mr. Justice Bran- | deis not taking part in the decision; | in 1923 they overthrew the District | of Columbia law by 5 to 3, Mr. Bran- | deis again disqualifying himself. | Last year the court in the New York case again declared the theory un- eonstitutional by a 5-to-4 decision. BlL. when we combine all three | eases we discover the amazing fact | that 17 Supreme Court justices took | —_— | To The ozonation You can still obtain ac- commodations by booking your passage immediately. .57 even Coronation L5/ a[[inij are scheduled in April and May ...including theWorld's Newest and Fastest Liner, Queen Mary. Luecen /fluy..flp‘u‘/ 2/ Seythia « o . April 23 Carinthia , . April 27 flguitam'a 00 -fl/a'u'[ 28 Lritannic « . . May / Lerengaia . . 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