Evening Star Newspaper, July 7, 1937, Page 5

- AR FORGES TRVTOLFT SEGE Sudden Drive Attempts to Roll Up Flanks of In- trenched Foe. B> the Associzateq Press. HENDAYE, Franco-Spanish Fron- tier, July 7.—A strongly reinforced government army struck at the in- surgent left flank west of Madrid to- day in a sudden effort to lift the eight-month-old siege of the capital. A Madrid communique said the in- surgent position on the new front was “very precarious.” Gen. Jose Miaja's government army, with a salient extending 15 miles west of the beleaguered capital past insurgent siege positions, appeared to be trying to flank or roll up the flank of its intrenched foes. An official communique in Madrid | said a “very hard” battle was under | way around Villanueva de la Canada | and Quijorna and that strong insur- | gent reinforcements had been hur- | riedly brought up. The government | claimed capture of strategic Brunete | with a detachment of its defenders. ; Town Reported Taken. A later communique reported gov- ernment seizure of Villanueva de la Canada, about three miles north of Brunete, “following vigorous, simul- | taneous attack by besieging forces.” Capture of these two towns, due ‘west of Madrid, may enable Miaja to squeeze besieging forces on the west- | ern edge of the capital between his outlying troops and his Madrid posi- tions, possibly beating off the siege | in that sector. An insurgent communique confirmed the government attack on Brunete, but asserted “our reinforcements sur- rounded a small enemy column and turned the battle to our advantage.” Brunette was bombed from the air early vesterday, preparatory to the government’s drive. Two German- made insurgent planes were reported by the government to have been shot down in flames in an air battle at Na- | valcarnero, a few miles south of Brunette. Miaja's communique said: “The enemy rear guard lines close to Madrid displayed very great ac- tivity to come to the aid of those forces which are being beaten by us and are retreating and those of others which find themselves in a very pre- earious situation.” Mass on Teruel Front. Meanwhise, government cbservers reported to Valencia, temporary seat of the Republican government, that large forces of insurgents with Moor- 1sh allies were massing on the Teruel front, northwest of Valencia. This indicated an impending mass offensive against Valencia from that sector—a move long planned by in- | surgent strategists as a means not only of besieging the temporary cap- ital, but also of cutting off autono- mous Catalonia from the rest of gov- ern-held Spain Government forces were reported to have staged intense attacks in all sectors of the Granada front in Southeast Spain yesterday. A dispatch from Seville, southern insurgent headquarters, said an in- fantry force aided by seven tanks cap- | Court. What you meant was that they tured a position at Alcala la Real, 22K mmiles northwest of Granada. The insurgents, however, reported they counter-attacked and recovered the lost ground, capturing two dis- abled tanks and many prisoners. In- surgents were said to have stormed gun emplacements at Lanjaroon, de- stroying several field pieces. An insurgent communique report- ed more than 1.600 government mx-f litiamen were killed in an attack. but | the statement did not locate the op- eration. On the Madrid front more than 16 | government planes were shot down, | it was asserted. | Court (Continued From First Page.) the ground that his life had been dom- fnated by politics. “There is a vacancy on the Supreme Court now,” said Burke, “and one of the men most strongly supported has | spent his life in politics, Senator Rob- | inson of ‘Arkansas, the Democratic had been elevated to his present post not only because of his legal attain- ments but because of his achievements as a Republican party leader. Hughes, he sald, left the supreme bench after his first appointment to run for Presi- dent. And that he was appointed in 1930 Chief Justice because of his ac- tive support of President Hoover in the 1928 campaign. v Insisting that politics has had its place in the deliberations of the court in the last couple of years, Guffey said: “A majority of the aged justices who compose the court were intent upon thwarting the major purposes of the Roosevelt administration. By their votes the court invalidated the national recovery act, the agricultural adjustment act and the Guffey coal act. Then it was that President Roosevelt adotped the same kind of straightforward, courageous tactics which had been employed by his fllus- trious predecessors in office, Jefferson, Jackson and Lincoln. He challenged the moral and legal right of five aged Jjustices to hobble the political life of the Nation simply because they dis- liked the policies and the program of the party in power.” Sees Master Politics. Bince the issue was joined, Guffey said, the Supreme Court has reversed its earlier decisions on minimum wage laws. It has upheld the Wagner la- bor relations act and the social se- curity act. He charged that “the su- premely clever politician and scholarly Mr. Chief Justice Hughes” must be given the palm for the “masterly po- litical strategy employed by the court during the past couple of months.” In this, Guffey said, he was inclined to agree with the news writers who have made such charges. However, Guffey continued, the court’s reversals were brought about not Ly “the political wiles of Chief Justice Hughes, but by the statesman- ship of Mr. Roosevelt. He forced the court to act in behalf of the people.” Amused at “Horror.” Guffey said he was amused at the attitude of his Democratic colleagues who recoil with horror from the Pres- ident’s court bill because “it smacks of politics.” “In view of what has happened, I wonder what these Democrats think of the politics .being played by Mr. Hughes and his associate justices,” he continued. The Senate met today at 10 am., two hours earlier than usual. Sen- ator Robinson had insisted yesterday the Senate should meet, although many members had made plans to go to the all-American. base ball game, to be played this afternoon. The ear- lier meeting hour is expected to give the Senators a chance to see the game anyway. . Dr. Wang to Give Dinner. Chen Yang, China's representative | at the jamboree, will be guest of honor | with Dr. H. H. Kung, Chinese finance | minister, &t a dinner to be given by | Dr. C. T. Wang, the Chinese Am- | bassador, and members of the Em- carves, and Mildred, 21, whets Mildred and Ruth Short of Commerce, Ga., sisters nicknamed “Butch, are pioneering in a new career for women. Here they show their ability as butcherettes as Ruth, 19, on tne left, “There’s nothing sissy about it,” they say. a knife. —A. P. Photo. | Senator suddenly declined to be ques- | tioned any further and sat down, say- | ing, “I yield the floor.” Nor would | | he answer any further questions. | | Senator Logan of Kentucky was| | recognized one of the sponsors of the | compromise substitute. He immedi- | ately said that he would welcome in- | | terruptions during the course of his | speech. He had hardly gotten under way before Senator Wheeler and Senator Burke began to work on him. Logan said that some of the Sena- tors. among them Wheeler and Burke, in the past had declared that there was something wrong with the Su- preme Court. He said that all the witnesses who appeared before the Senate Judiciary Committee also said there was something wrong with the Supreme Court. “If there is something wrong with the Supreme Court,” said Logan, “I t something should be done Logan said that during his campaign for election he had declared his in- tention to support President Roosevelt, | |and when the President made his | | recommendations about the court he | decided to support them. “When you referred to the testimony given by witnesses before the Judiciary Committee. opposing the court bill,” said Burke, “you said they said some- thing was wrong with the Supreme said they had disagreed with some of the decisions of the Supreme Court, as for example, Ray Moley.” Logan admitted he was speaking rhetorically and that what he meant was that there was something wrong with the decisions of the Supreme Court. . Assails Removal Talk. Senator Wheeler interrupted. | “I have on many occasions criticized | some of the decisions of the Supreme | Court.” he said. “I have criticized ! decisions of the Supreme Court of Montana and as every lawyer who has | tried a case has done, I have criticized | decisions of the inferior courts. But never has it occurred to me to suggest that the judge who handed down an opinion with which I disagreed should be removed from the bench and that some judge who would at all times de- cide as I believed should be appointed in his place. 3 “I am in a different position from that of the Senator from Kentucky, who was elected solely because he was 100 per cent for President Roosevelt, and rode in on his coat tails. I told my audiences during the campaign that I had at times disagreed with the leader of the Senate. Do you think that should bar him from appointment | to the bench?” | “No,” replied Guffey. “He is in no way disqualified.” | The Senate rocked with laughter. “It just depends then.” said Burke, *“upon what kind of politics a man | has, if he is to be barred from the | bench.” Again laughter swept the | Senate. | Conally took up the questioning of | Guffey and wanted to know if the purpose of the court bill was not to get judges who would write the kind of opinions that were desired. Connally insisted this was what Guffey wanted. “It is not a question of age of the Judges, but the kind of opinions they write,” suggested Connally, “Both,” replied Guffey. “Do you want to put Justice Brandeis off the bench? He is the oldest member of the Supreme Court,” #aid Connally. Guffey hastened to answer that he had no desire to put Brandeis off the bench. Declines Further Answers, Connally tried to continue his ques- | tioning of Guffey and Wheeler was on his feet when the Pennsylvania —_~— President. And now you would drive men off the bench whom you don't like and humiliate them. “No one has suggested that any one shall be removed from the court nor hat he be humiliated,” reported Logan. In fact this bill allows the aged and perhaps infirm to stay on the bench.” “I am saying to the Senator now," $aid Wheeler, “that the administra- tion people wanted six men on the Supreme Court whom they could trust. That is the issue, and you can't get awsy from it. They wanted to make the Supreme Court subservient.” Wheeler said that the Attorney General and the Assistant Attorney General had admitted as much, This Logan waved aside. Wheeler promised to be even more specific later in the debate. “The Senator from Montana is threatening to throw dead cats,” said Logan. “I never throw dead cats, but I am not afraid of them.” Says Legal Rights Denied. In his prepared address Guffey said that unquestionably the court was con- e Dl EDUCATIONAL. merous ‘today. Free Gr EDUCATIONAL. NOW FORMING ——— New Comptometer Classes Start July 19 courses in ealeulating machines, % or Boyd Shorthand. Bookkeeping, ing. Inquire Bo: 333 ceived as an institution whose zeal was | to be directed to the promotion of even- | handed justice. “But in actual prac- | tice,” he continued, “the court has fallen woefully short of that idea. The very fact of this debate here today is sufficient evidence to prove that the court has not played the role assigned to it.” This problem “confronts us today,” Guffey said, “because the Supreme Court of the United States has been partisan, prejudiced and blased in denying working men and farmers their fundamental legal rights * * * Had the justices been half as zealous in upholding the rights of the poor and lowly as they have been in pro- tecting the property rights of the] wealthy, this problem would not be | resting on the doorstep of the Presi- | dent and Congress.” The Pennsylvania Senator hit hard at liberals in the Senate who today are opposing the President’s program to increase the membership of the Supreme Court. ‘The people of this country are aroused,” he said. “They are dis- rustful of leaders who say, ‘I am for judicial reform, but I dislike the President’s method of accomplishing it’ * * * When a liberal puts the word ‘but’ after his declaration of political faith, it is prime facie evi- dence either that he secretly believes in the philcsophy of reactionary Bour- bonism or else he lacks the courage of his own convictins. The test of office- holding should no longer be what a man says he believes; the test should be what he actually does and how he votes.” | Sees Super-Legislative Body. The task ahead of the overwhelm- ingly Democratic Senate tcday, Guffey said, is bound up in the effort of the Democratic party “to transform the United States Supreme Court from a super-legislative body that is beyond and above the law into the kind of | impartial tribunal for the adjudication of judicial disputes that it was orig- inally intended to be.” “It is futile for Senators to sit here legislating on the most vital aspects of social and economic conditions if they know in their hearts that what is being done may be arbitrarily over- turned by a few aged justices who substitute their ‘own political predilec- tions’ for the Constitution of the country. This game of political blind man’s buff is about over.” Guffey said he could not under- stand the position of those who pro- claim their belief in the purposes of the Roosevelt administration and their belief that the court has set itself up against the program of the admin- istration, but who at the same time | proclaim that it would be morally wrong to do anything about the court. | “I frankly cannot understand,” he | continued, “such a position, whether it be taken by a Senator, a member of the House or any other citizen.” Recalls Roosevelt Plurality. The American people, by a plurality never before equaled in their history, indicated that they desired the enact- ment of the Roosevelt program of so- cial legislation, Guffey said. “They did not ask Congress to think up a lot of legal quibbles and sophistries as to why this cannot be done or that cannot be done.” In support of his charge that the Supreme Court has constantly been mixed up in partisan politics, Guffey declared that John Marshal! has used “cunning methods” to frustrate the CROWELL OIL BURNER 275-gal tank installed, for July only, $229.00. We have the Burner made, we service it. Our engineers survey your home. We serve you the proper fuel oil. We protect Y‘ou and our name. Complete eating service. Thos. J. Crowell, estb. 1915. 102 N. Y. Ave. NE. North 1101-6387. | who would uphold the acts of his ad- | Ministration, particularly the procla- democratic principles which were be- coming the bedrock of Americanism during the administrations of Jeffer- son, Madison and Monroe. It was & spirit of partisanship which led Marshall to issue a subpoena for Presi- dent Jefferson in the trial of Aaron Burr. “a subpoena which Jefferson rightfully scorned and ignored,” said Guffey. John Jay, the first Chief Justice, he added, held that office and the office of Secretary of State simul- taneously, and he ran for Governor of New York while still Chief Justice. Oliver Ellsworth was for over a year both Chief Justice and Minister to France. Guffey said that Justice Wil- liam Cushing ran for Governor of Massachusetts while still Chief Jus- tice: Busrod Washington, a nephew of George Washington, actively sup- | ported Charles C. Pinckney for President. Recalls Impeachment Move. Guffey said that “the Federal judi- ciary of a century and a quarter ago was so saturated with politics in the inexcusable sense that Congress, backed by the weight of public opin- ion. finally found it necessary to act.” | One of the worst offenders, he said, | was Judge Samuel Chase, who was | “gliven to passionate harangues from | the bench.” The House of Repre- sentatives sought to impeach, but the Senate failed to vote by the necessary two-thirds. The effect, he said, was to sober Chase and his associates on the bench, “and the supreme bench was relatively freed from politics for years afterward.” Guffey said that tne Supreme Court Justices “dipped deeply into partisan politics” in the Dred Scott case. He said that President Buchanan had been informed in advance of the de- cision that Chief Justice Tanev and the court was to render in the Mis- souri compromise case. Guffey, coming down to the days | of Lincoln, said that the then Presi- dent had insisted members of the Supreme Court should be appointed | mation of emancipation. when he was | considering Salmon P. Chase for | Chief Justice, but added that Chase had against him the fact that Chase desired to be President. Charges Continued Politics. “The foundations for a political coury were deliberately laid,” said Guffey, “by the Republican party elders who ruled this country in the | decade following the World War.” He charged that the Supreme Court, in the last few months, has indulged in politics to the last degree. Next Guffey took up the career of Chief Justice Hughes and insisted he USE FAIRFAX / For BEAUTY and ECONOMY Always consistent &= quality, purity and satisfaction. Only finest ingredients used. Phone orders delivered by our “Speed-E” service. House Paint, $3.25 gal n _usually sufeient for win- porch and door of Color card FREE. 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