Evening Star Newspaper, April 2, 1937, Page 5

COURTWARECHEE AT 1.C. C. FETE Roosevelt and Wheeler Mes- sages Touch on Re- vamping Plan. The Supreme Court issue invaded s new forum last night when the semi-centennial celebratior of the Interstate Commerce Commission re- ceived messages from President Roosevelt and his one-time ally, Senator Wheeler, Democrat, of Mon- tana, now a leader in the fight on the President’s plan to revamp the court. Without directly mentioning the court, President Roosevelt in a let- ter read by Commission Chairman Carroll Miller emphasized his belief that a liberal interpretation of the Constitution is necessary to meet changing conditions. He said that the commission is “fortunate” that this has been the guiding principle under which it has functioned. ‘Wheeler declared the plan to change | the court threatens its independence, and served notice that he proposes also to fight the governmental reor- ganization program advanced President Roosevelt which would subordinate the Interstate Com- merce Commission and similar agencies to cabinet control Text of Roosevelt Letter. ‘The text of the President's letter follows: “When one takes account of the good work donc by the Interstate Commerce Commission since its cre- ation 50 years ago one smiles a. the dire predictions made by certain obviously selfish interests when the law providing for the regulation of interstate commerce was enacted. “The president of a great Eastern railroad declared the law would de- preciate the Western farm lands by | one-half. On the Pacific Coast another magnate predicted a panic. This prophecy was re-echoed by another railroad president in the Middle West and, not to be outdone by his brother ets, yet another great railroad ve foresaw the ruin of our foreign and domestic commerce, Fossils Always With Us. “Those were the opinions of hold- overs from the old ‘public-be-damned’ days—economic fossils which, like the poor, are always with us. Of course, none of these dire prophecies was fulfilled. On the contrary, the rail- roads and the country went forward to happier and more prosperous times. “The program for the semi-centen- nial exercises of the commission is a full one and its mere persusal shows its diversified usefulness in the 50 years during which it has been func- tioning. I want to congratulate the present members of the commission on the performance of duties which have fallen to them in difficult tin With singular ability and foresi; ta have met the problems which na confronted them. Their opportunity for constructive service is as g today as when Grover Cleveland named the first Interstate Commerce Commission in the Spring of 1887. “I am reliably informed that when the founding fathers created that social, economic and political sy<tem of govercment, which they hoped would be a permanent chaste:r of liberties, they were wholly ignorant of the terms ‘railroads’ and automo- biles, for the very good reason that the first did not come into existence | until half a century later, and the second were not manufactured un:il over a century later. The Interstate Commerce Commisison is, indeed, fortunate that inetrpretations of our charter of liberties have allowed it to function during the past half- century, through recognition of the fact that an obviously national need can be met only through obviously national action.” Wheeler Message Is Read. Wheeler, chairman of the Senate Interstate Commerce Committee, was out of the city, and his address was read by another Democratic member | of the committee, Senator Minton of Indiana. The dig at the court plan came in | the course of a discussion of the com- mission’s present status. He recalled that Commissioner Joseph B. East- man, in a recent address, had said | that the President appoints the com- mission’s members, but otherwise has no more control over its acts than over the deliberations of the Supreme Court [ “Mr. Eastman may still be of the same opinion, but 1f certain pending proposals are adopted I fear he might | be forced to find himself another and | more_striking analogy than that of | the Supreme Court” the Montanan | &aid | When applause greeted this state- ment, Minton interjected: “May I recall that these words are | Senator Wheeler's—not mine. I do not share his fears, nor join in his lamen- tations.” Would Preserve Independence. On the subject of departmental re- organization, Wheeler said he is “un- alterably opposed to diminishing the independent, bipartisan character of | the Interstate Commerce Commission or of similar independent agencies by placing them under executive domina- | tion, indirectly, as has been the case | through budget control or directly as | in a pending proposal.” | The court and reorganization also | were referred to by Representative | Rayburn of Texas, the Democratic leade the celebrated O'FalloL valuation case forbade the commission, in effect, to find how much capital is really em- ployed by the railroads. “This opinion,” he continued, “had the unfortunate result of striking down in a moment the effort through an entire generation to work out a rule which would protect the investors on the one hand and the users of railway service on the other.” As to reorganization, he said, “I do not believe that anything is contem- plated which woull terfere with this independent status of the commis- sion.” Apparently then, as an after- thought, he added: “At least, I hope not.” Lea Advocates Amendment. Another speaker at the meeting, which was held in the Government auditorium, was Representative Lea, Democrat, of California, chairman of the House Interstate Commerce Com- mittee, who, with obvious reference to industrial regulation, said that “if the demand to expand the interstate commerce clause (of the Constitu- tion) to include the successive steps of commerce all the way from produc- tion to consumption is to be gratified, and we are to adhere to the orderly processes of the Constitution, its amendment for this purpose will be by | [Hide and Seek’ || Marriage Has '| Bride Worried Police Find Husband in Penthouse—He Phones ‘Sit Tight.” BY the Associated Press. | HOLLYWOOD, April 2.—Twice-wed | Mrs. Nan Pierson Brooks Macy Brill of New York society was bewildered today over “this hide-and-seek” with the millionaire she married five davs ago, but hasn’t seen for the last four. She appealed to police to find her husband, William Hunsaker Briil, wealthy sportsman. They reported they found him—but he got in his car and | drove away. Said Mrs. Brill: | “He telephoned last night at 9 o'clock and told me to ‘sit tight. If it's all an April fool joke, this hide- and-seek, then I hope it's funny to | some one. It's not to me. “There are lovely wedding gifts and | messages arriving here from friends in the East. Theyre really quite em- | barrassing in the present situation. | ‘I don’t understand what has hap- pened. But whatever it is, I know Bill and I love each other, nevertheless.” | Diverced 3 Years Ago. Mrs Brill is the daughter of Wil- | liam Earl Brooks, steel executives, and | Mrs. Jewell Brooks, New York Society | figure. Her first husband was George | | Henry Macy, New York wholesale tea | merchant. They were divorced three | | years ago. | The 24-year-old young woman mar- ried Brill, a University of Southern California graduate, at Yuma, Ariz, | Monday. Climaxing a three-month courtship, the 25-year-old man-about-town made such a hurried trip that a 10-cent ring served for the ceremony. How- ever, the bride assured, Brill replaced it “with something more appropriate” the next day. Then, she said, he left her in a hotel, | promising to rejoin her at dinner that night, Located in Pent House. “I haven't seen Bill, in person, since Tuesday, but he keeps telephon- | ing, apologizing for breaking our ap- | pointments, and saying he loves me | very much indeed.,” she said. Last| night she appealed to police to find | |him. Two detectives. J. L. Dwight | and J. A. Page, said they located him | in an apartment building pent house, | but he drove away in an automobile | with the parting statement: “I most assuredly am a missing person.” “I don't understand what is keeping Bill from me, for I know he loves | me.” she said after police reported results of their quest. “There was no quarrel. His parents, | Dr. William Brill and Mrs. Mar Hun- saker Brill, have been perfectly charming to me. They haven't seen | him, either.” ARRESTED 32 TIMES George L. Collins, colored, 418 U street, who was fined by Judge John P. McMahon in Traffic Court yester- day $10 for speeding and $100 for hacking without a permit, wi alternative of 55 days in jail, been arrested 32 times on trafc charges since 1932, according to a record presented in court. Motor Cycle Policeman Charles R. | Rabbitt arrested Collins yesterday at | | Thirteenth and K streets. Among the | i arrests shown on the record are seven | offenses of hacking without a license. who presided, related the commission's | history and remarked: “This is the structure which 50 vears' of experience has created. | Shall it continue? The answer to this momentous question must be given by you who honor us this evening with | your presence on the speakers' plat- | form and by your associates in both Houses of the Congress. “And when you come to consider the answer I believe you will, before reaching your conclusion, hear those who have a right to be heard, sift and winnow, weigh and balance alp the evidence as you and your predecessors ‘have done for these 50 years.” Last nightss program wound up a two-day observance of the fiftieth anniversary of the commission's founding, which was marked by pointed criticism of the reorganiza- tion plan by prominent figures in the | transportation industry who particl- | pated in the program. | | granted authority to exercise control | THE EVENING STAR, WASHINGTON, D. C, FRIDAY, APRIL 2, 1937. NETHODST GROLP HTS COURT LA Wilmington Conference As- sails Transitory Nature of Proposal. BY the Associated Press. SALISBURY, Md., April 2.—The | Wilmington Conference of the Meth- | odist Episcopal Church yesterday adopted a report containing pointed | criticism of President Roosevelt's plan for reorganizing the Supreme Court. The vote for adoption was 78 to 8. The report was presented by Dr. Frank Herson of Milford, Del., for the Social Service Committee. After preliminary discussion of the Supreme Court plan, it said: “There is one criticism that may fairly be made of the President’s pro- posal, and that is its transitory na- ture. It lacks permanency. It is a temporary expedient and belittles a tribunal to which all law-abiding citi- zens look for their ultimate protec- tion. Favors Amendment. “The Constitution is our funda- mental law. It has been amended before, it may be amended again. The way to make progressive legisla- tion proof against attack is to amend and clarify the Constitution. “To pack the Supreme Court against | the Constitution is to shatter demo- cratic methods and defraud the peo- ple, whose liberties are at stake. “This momentous problem with which this Nation is now faced does not concern personalities. No Execu- tive, whoever he might be, should be | over the Supreme Court. Points to Europe. “Autocracy, despotism, tyranny are | inevitable sequels to the breakdown of democratic government, as the | dictatorships of Europe have proved beyond question. Our Constitution and our Supreme Court should be protected from any despotic and de- structive process.” ‘The report also censured child labor, putting it alongside “war and in-| toxicants as one of our greatest evils of our day.” It set forth the Methodist Church long had been a champion of social reform and condemned a social system putting control of life’s neces- sities in the hands of a few. On social reform, it said: “The recent action of farge cor- porations raising wages and short- ening hours of labor are not to be wholly attributed to labor groups. We do not admit that any political party or labor group has a mortgage on collective bargaining, social security or any other good social ideas. System Held Wrong. “Back of all these reforms stand the holy Bible and the church of God. The Methodist Church was crusading for these betterments be- fore John L. Lewis was born and his sit-down strikers were ever heard of. | “Thoughtful people everywhere realize that the present system which gives a few men uncontrolled pos- session of the processes by which so- | ciety is clothed, housed, transported, | warmed and fed is morally wrong. “Such a system must either be al- Announcing LOWEST SPRING COAL PRICES IN Now -in WHITE ASH STOVE = WHITE ASH CHESTNUT. WHITE ASH EGG WHITE ASH PEA__ RED ASH STOVE ___ ____ LYKENS VALLEY STOVE. Take advantage of the great prices and insure next Winter's coal supply by buying NOW! J. EDW. CHAPMAN COAL — FUEL OIL Representative. Wayne Oil Burner 37 N St. N.W. | Supreme Court has said Congress now | amending the constitution instead of | and to individual rignts. Some pro- | “it can be obtained with a sufficient tered or supplanted by another to save society from catastrophe.” The conference, embracing Dela- ware and the Eastern Shore of Mary- lapd, earlier had approved by unani- mous vote the plan for unification of the three branches of Methodism in one church. o Judiciary (Continued From First Page.) cago lawyer, whether he, as an ex- pert on the subject, thought Congress could control such strikes under con- ditions as they now exist. “In my opinion,” Dodd said, “the has the necessary power if the strike affects the free flow of commerce.” Burke said he sought the informa- tion because it had been suggested Congress should outlaw sit-down strikes at this time. Three suggestions for constitutional amendments to obviate any reason for packing the Supreme Court were submitted tc the committee by Wal- ter F. Dodd, Chicago lawyer. Committee members listened atten- tively to Dodd’s suggestions, although | it has been announced they will make no effort to agree on a constitutional amendment until after the fight on the Roosevelt court bill is settled. There was no recurrence of yester- day’s quarrel over the possible use of relief funds to influence votes on the | court bill as the committee members took their seats. | Advance Suggestions. After dismissing his preference for packing the court, Dodd advanced these suggestions: “(a) A constitutional amendment dealing with the subject of retirement, which is the primary issue before this committee. Such an amendment may well require retirement at 75, but should be so phrased as not to permit a substantial replacement at one time of present members of the court. Such an amendment may, if it is desired, include a requirement of concurrence of two-thirds of the members of the court to hold a Federal or State statute | violative of the Federal Constitution. | If consideration is given to a proposal to require concurrgnce by more than a majority to hold a State or Federal act invalid, study should be made of | possible confusion likely to result from such a provision, and if more than a | majority is to be required, the number of judges should be specified in the Constitution. In considering retire- ment at 75, it should also be borne in | mind that such a requirement would | have meant substantial loss to the court in some instances in the past | and will mean similar loss in the fu- | ture. “(b) Constitutional larging the powers of Government. “(c) A constitutional definition or | restriction of ‘due process of law.’ To | accomplish its purpose such a pro- | posal must apply both to the fifth and fourteenth amendments, and it would perhaps be wise not to restrict ‘due process’ protection to procedure changes en- | the National | tection of property should be pre- served.” “If there is a real public desire for constitutional amendment,” he added, degree of promptness to meet any 20 YEARS Effect ton ton ton ton ton ton saving in these low Spring North 3609 needs of the Nation. Congress may provide for ratification, either by State Legislatures or State conventions. The argument that 13 States of small pop- ulation may defeat an amendment is without weight. The States of small population do not have common in- terests. Although there was a divis- jon between large and small States in the constitutional convention of 1787, such States never have united to defeat amendments, and there is no probability that they will now do s0.” Warning of dangers inherent in packing the court, he added: “Let us remember that when we make our courts dependent upon the political branches of Government we have surrendered not merely one of the essential principles of our Govern- ment, but all of them, and that when we have surrendered them to the pres- ent Chief Executive we have surrend- ered them to his successors as well. The present plan, if once successfully used by an Executive to accomplish his pyrpose, will continue to be em- ployed, and if it is used, the highest court of this country will be, and should be, discredited. If the courts may be controlled in this manner as to public issues, they must cease to be trusted as impartial arbiters of private rights.” Dodd told Senator Austin, Repub- lican, of Vermont he doubted the wis= dom of trying to regulate such prob- lems as child labor from Washington. ““We saw the evil of that in prohibi~ tion,” he said. “Because of a break- down of local enforcement, we took a Nation that was three-fourths dry and made it all wet.” When Dodd was asked to express an opinion as to the power of Federal Government to specify that an amend- ment be ratified in a particular way, Chairman Ashurst interrupted: “If any one wants to block an amendment on this question, let him insist that Congress specify the method of ratification.” Dodd said he was reluctant to ex- press an opinion as to the power o(‘ Congress, but doubted if a State could block a method once fixed. | Senate opponents of the Roosevelt | court bill for the time being have | virtually abandoned their efforts to | agree on a constitutional amendment | as a substitute for the addition of six new justices, it developed today. | Senator Burke, Democrat, of Ne-! braska, who is leading the fight in the Senate Judiciary Committee against the bill, said “little effort” is being made at this time to agree on| an amendment. ‘ Following a session yesterday which | led to a sharp dispute between Sen- | ator Burke and Senator O’Mahoney, | Democrat, of Wyoming, over the pos- | sibility of $1,500,000,000 of relief funds being used to influence votes on the | court bill, Senator Norris, Independ- | people vote directly on proposed con- ! stitutional changes in the next gen- eral election after submission of an amendment. | Controversy Breaks Out. | ‘The Burke-O'Mahoney controversy broke out while John T. Flynn, economist and newspaper writer, was on the stand. In the course of his cross-examina= tion Burke said: “I have been told within the past two hours by a high official of the Government that the President dur- ing the next 10 days will ask for & new relief appropriation of from $1,000,000,000 to $1,500,000,000, and that-we will be facing a losing battle on the court bill if the administra- tion has that much relief money at its disposal.” He asked Flynn if he did not con- sider that a dangerous situation. Flynn said he had the highest regard for the President and this Congress, but added: “I don’t imply that he would do anything wrong, but if the President were the most chaste of persons the existence of a power like that would tend to make members of Congress timid.” Shaking his fist, O'Mahoney broke in with the exclamation: “I want to express my own com- plete resentment at a statement like that from the Senator and the wit- ness. Members of this Congress make relief appropriations from a deep-seated consideration from human needs and without regard for patron= age or favors. The members of this Congress rate as high as any other section of the population.” After Flynn had again disclaimed any intention of casting aspersions on | the President or Congress, Burke said: “I see no merit in members of this committee or Congress trying to emu- late the ostrich by sticking their heads in the sand so they will be unable to see conditions as they are. A state- ment like this from a responsible offi- cial is a very important thing to consider. I have the highest respect for the President and Congress, but I do not propose to be deterred by the Senator from Wyoming or any one else from bringing to light anything | that may have a bearing on this bill.” | O'Mahoney observed that if the| statement of that “responsible official” was made to influence this commit- tee, his name should be made public. “His name will not be made public,” Burke said, “and the statement was | not made for that purpose. I am | talking about the implications in- volved.” After the committee had adjourned the two renewed the dispute while Burke was telling newspaper reporters he thought “mayors and Governors who want some of this money will not hesitate to make their wishes known to their representatives in Congress | unless they have firm convictions in the matter. If you suffer with KIDNEY TROUBLE | ent. of Nebraska, advocated that the You can assist kidneys to normal func- tioning by following the health resort | method at home. 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