Evening Star Newspaper, August 8, 1937, Page 29

CONFERENCE COMMITTEES OFTEN DICTATE ON LAW “Third Branch” of Pressure an Break BY BERTRAM BENEDICT. HE legisiation enacted during the closing days of Congress probably will be formulated, for all practical purposes, by eonference committees. When the two houses pass a bill in different forms, the differences are ironed out by & committee on which each house is equally represented. This conference committee is com- posed usually of three, occasionally of five, members of each house. When three members from each are chosen, they are generally the chairman of | the regular committee in charge of | the bill originally, the next ranking majority member of that committee, and the ranking minority member. If some other member has actively sponsored the, bill. he may be ap- pointed in lieu of the second ranking Mmajority member of the committee. Senator Norris has estimated that about three-fourths of all important bills enacted pass through conference committees. At the end of a session, | when Congress is itching to go home, | both houses are likely to accept with- out demur the compromise worked out | in conference. The conference report | 1 the more apt to be accepted because neither house is allowed to change a bill from the form reported by the conference committee. The conference report must be either accepted or rejected as a whole. 50-50 Compromise Usual. Usually the conference committee works out something of a half-way compromise. That is, if the bill passed by the House and the bill passed by the Senate differ on 10 points of about equal import, the Senate may be deferred to on five points and the House on five. If any of these issues in dispute has seemed especially im- portant to the House, that body may | instruct its conferees to insist on the House version. The Senate is less likely thus to bind its conferees, more likely to give them a free hand. The conference committee is sup- posed to confine itself to the points | in controversy between the two houses, The Senate rules provide: ‘‘Conferees shall not insert in their report matter not committed to them by either | house, nor shall they strike from the | bill matter agreed to by both houses."” | If this provision should be disregarded & point of order may be made against the conference report. If the point of order be sustained, the report must be re-committed to conference. In actual practice, however, the | requirement is often vinlated, and the bill as finally enacted may be the child of the bicameral conferees. Some | students of government hold that the Conference Committee has become virtually a third branch of Congress | Charges are occasionally heard that gpecial interests opposed to a bill, | not strong enough to defeat it out- right, try to kill it by maneuvering to make the Senate form and the House form different. Then pressure | may be brought to bear to have the conferees disagree, s0 that the bill dies as effectively as if defeated by vote. | If a Conference Committee fails to agree in the first session of a Congress, its deliberations carry over to the next session of that Congress. If| there is no agreement at the final session of a Congress, the next Con- gress starts out with an absolutely | clean slate on the subject. Unique System in U. S. The United States s practically the only great Nation in which con- | ference committees function. Of course, they are non-existent in those | countries with only one house in the national legislature. And most coun- | tries with two houses have given greater powers to one than to the other, so that agreement between the two is not necessary. In such coun- | tries. conferences to agree on a bill are apt to be only informal and un- official. In Great Britain, the House of Lords in 1911 was made subordinate to the House of Commons in most important legislative matters, so that in practise Lords now usually defers when Commons insists. Considering that in the United | Btates the Senate and the House have equal powers, absolute deadlocks be- | tween them on really vital measures have been relatively rare. It can't| be said that either branch is apt to | be consistently more conservative or more radical on legislation on which | the Left. Congress Can Feel d Make or Bills. they differ. On conservatism vs. radicalism, no definite pattern runs through the legislative picture over the years. This knocks into a cocked hat one of the theories on which the Con- stitution was founded. The theory was that the Senate would almost always prove more conservative than the House. Senators are elected every six years, Representatives every two vears, so that the former would be less subject to ‘transitory popular gusts than the latter. Also, Senators must be at least 30 years of age, while members of the House need be only 25. Theory Sometimes Reversed. Nevertheless the Senate at times was much farther to the Left even in the days before 1913 when Senators were elected by the State Legislatures. For instance, it was the Senate rather than the House which led the Republi- can revolt of 1909-1913 against the conservative terdencies of the Taft administration. Geography doesn’t mark the differ- | Will be displayed to reverent visitors | ence between conservatism and rad calism in Congress. There are rel- atively few trades unionists in tRe South, so that Southern members of Congress tend to be somewhat anti- union, but nevertheless Congress has no more ardent defender of trade union rights than Senator Black of Alabama. New York is supposed to be riddled with unionists and radicals, but one of the Senators from New York is as far to the Right as the other is to It may be a Representative | in ‘an industrial | from a rural area State’ who warns against the Com- munist shoals ahead of the ship of state if the unions aren't taught their place, while it may be a Representative from an industrial area in a rural State who complains that the farmers are always grousing, no matter how much is done for them. It's the personal equation which makes Congress unpredictable. Ne- braska sent Senator Norris back to the Senate even in the Coolidge regime when Nebraska was arch-conservative. Virginia was pro-Carter Glass even when it was most ardently pro-New Deal. So you can't tell beforehand which | branch of Congress is going to stave off a threat to entrench business and financial interests, which branch is | going to curry favor with entrenched | labor and agricultural interests. Study Reveals Inconsistency. Consider the record of House and | Senate on the outstanding measures of the New Deal, and notice that the record falls into no easy classification. 1933. ate House 240 for 81 8en P N R A A A A - Inflation power. T Ve A e 76 Invalidation of gold clause 71 1934, Government gold control Cotton control______ Stock Exchange control. Silver purchase plan_. 1935. Work relief Repeal income tax pu ‘Wagner labor bill. Social security. Guffey coal bill “Death sentence” on hold- ing companies. 1936, Soil-conservation program. 74 Relief bill 82 Tax bill. 59 1937. New Guffey coal bill_ 1938 relief act Reduce farm interest rate. 79 Hours-wages control__ 67 *No record vote. tAgainst. So, whether you are naturally a con- servative or a radical, you can't guess 9 . whether the Senate or the House is | going to please or displease you more merely from the fact that one is the Senate and the other is the House. For an opinion merits you'll have to dig into their voting records, unless you prefer to echo Mercutio on the quarrel between the Montagues and the Capulets, and President Roosevelt on the strife be- tween recalcitrant employers and un- compromising trade unions, and pro- nounce feelingly: *“A plague o' both your houses!” Gestapo Suspicions Extend to Ph BERLIN, Germany.—A room at the headquarters of the Gestapo, the Nazi | secret political police, in Prinz Albrecht strasse. On & table, a wooden box. | ‘The box has been sent to a certain | Berlin address from outside Germany, but it has come here to the room in Prinz Albrecht strasse instead. Boxes coming into Germany from | abroad sometimes have unplensunt} contents. The customs officials took | no chances with this box; they sent it to the Gestapo to find out whether ita ocontents are dangerous and whether the box may be sent on to its destination. A Gestapo agent comes into the room. He looks at the bpx, reads the names and addresses of the supposed sender and of the person for whom the box was intended and examines the tags, labels and official | reports attached to the box by the customs officials. Then .ie opens the box with some care. On top, inside, are two layers of heavy cardboard.” These the Gestapo agent removes. Underneath he finds what seem to be two gramophone records. He takes these out. They look like real gramophone records, and the labels seem to show that the records are innocent enough. But you never know. He puts the disks on a gramophone and plays them. S8trange cries come out of the in- strument, & voice and the music of an orchestra. The Gestapo agent grim- aoces. 8o far, the records seem to have no political significance. They ap- pear to live up to their labels. But even if they have no political significance, perhaps they ought to be suppressed anyway, just on general principles. And, besides, maybe the harmless beginning is just to fool Gestapo officials. Maybe something subversive will come after a while. Maybe the “record” will explode. 8o the agent grimly plays both sides of both records, listening intently. In the end, he is satisfied. What- ever else may be said about the rec- ords, from the viewpoint of the Na- tional Socialist philosophy of life they seem to represent no danger to the state, especially since they are ad- dressed to a foreigner, who very likely is beyond hope in these matters any- WaY. e of Sedition onograph Records The Gestapo agent certifies, there- fore, that the secret state police of the Third Reich have no objection to the delivery of the records to the person for whom they are intended. Thus was the terrible power of the secret state police invoked to deal with “You've Gotta Eat Your Spinach, Baby,” and “Oh, My Goodness,” as sung by Mae Questel, the Betty Boop girl, and “Billy Boy” and “Grand- father's Clock,” as sung by Frank Crumit. And thus, early in life, did Peter MacArthur, the 2-year-old son of Americans living in Berlin, be- come acquainted first hand with one of the aspects of life in the authori- tarian, totalitarian state. (Copyright, 1937.) Kipling Memorial Planned in United States By Cable to The Star. LONDON, England, August 7.—The United States is soon to have a unique memorial to Rudyard Kipling, accord- ing to the vicar of the beautiful St. Margaret'’s Church in Rottingdean, Sussex. An American architect re- cently obtained the exact measure- ment of this perfectly-restored old Norman structure with the purpose of reproducing it in Glendale, Calif., as a Kipling memorial. The writer lived in Rottingdean for many years in a house opposite the church, though he spent the last pe- riod of his life in Burwash. The fa- mous artist, Sir Edward Burne-Jones, who was the uncle of Kipling, also lived in Rottingdean and did exquis- itely beautiful windows for St. Mar- garet’s, which Glendale will have dif- ficulty in reproducing. (Copyright, 1957.) Chiang Is Planning Big Railway System SHANGHAI, China (#).—Generalis- simo Chiang Kai-shek has drawn up plans for the construction in the next five years of two railway systems, to- taling 5,000 miles. That means con- struction of a5 many miles as were built in the half century before 1935. of their respective | THE SUNDAY STAR, WASHINGTON D. C, AUGUST 1937—PART TWO Horthy—Uncrowned King BY EMIL LENGYEL. UNGARY was a kingless king- dom until the end of June, when the Budapest Parlia- ment invested the head of the state, Regent-Governor Nicholas Horthy de Nagybanya, with royal rights, which make him a king in all but the title. He is responsible to no one except himself, and only death can part him from his high office. The new law gives him sweeping veto rights over legislation and authority to. recommend his successor. This arrangement is of importance not merely to Hungary but also to the whole of Central Europe. It means that the House of Hapsburg has Jost whatever chances it may have had of recovering its throne in the Budapest royal palace. On August 20 Hungary's great na- tional holiday, Horthy will appear as | Hungary's uncrowned king for the | first time. Then he will head a col- | orful procession, when tens of thou- | sands pay homage to the Magyar | Kingdom's founder, St. Stephen, | whose withered hand, a religious relic, | from all over the country. On that day Hungary will also pay homage to a new sovereign Although Regent-Governor Horthy is approaching 70. years seem to lie lightly on his shoulders. His is the | assurance of a man used to ruling over his fellow men. The healthy ‘ color of his unwrinkled face is due to | his interest in sports. | ables, invited to his shooting box, | speak highly of him as a huntsman. | He still excels as a gentleman rider. In his leisure moments he plays the piano or indulges in his hobby drawing. His appearance is aristo- cratic. Fluent Linguist. With English and American visitors | he chats in their own language, which | His | he speaks with a Mayfair drawl. German sounds as if it had been his | native tongue, and no better French is spoken anywhere. He speaks flu- ently in Italian and manages to talk with Balkan visitors in their own Slavic. The military and naval books in his lbrary are in half a dozen languages. Horthy has been the head of a state longer than any other uncrowned ruler in the world—longer than Mussolini and much longer than Stalin. After 17 years in the fascinating royal palace on top of Fortress Hill. he has become a Hungarian institution. His life has been a succession of adventures. Be- fore the war he lived in the very shadow of imperial power. When Cen- tral Europe's end was near he com- | manded the fleet of the Austro-Hun- | gafian monarchy. It was he who turned | the Hapsburg realm’s navy over to the : | enemy in obedience to allied command. | After the war Rear Admiral Horthy was headed for oblivion as a national hero on half pay. But he found his way to power and in the Spring of 1920 he became Hungary's regent- governor. Hardly had he settled down to a strenuous rule when his former master, the King, called to claim his crown, and Horthy had to turn him out of the palace. Shuns Publicity. Since then he has been consolidat- ing his position. Prime ministers have come and gone, but he has stayed on. Although he has played a historic role | for the last 20 years, much less has been written about him than about more ephemeral rulers. He is the least photographed of all, and also the one least frequently mentioned in new: paper dispatches. His aversion to pub- | licity is well known. His work has been done mostly behind the scenes. Today he is a key man of Europe. Some time ago he paid & visit to Hit- Italy paid a visit to him. He has received the leading statesmen of Cen- tral Europe in audience. His country is thought to be planning the open repudiation of the peace treaty, fol- lowing the lead of Germany and Aus- tria. Hungary already has-an army. and her neighbors, members of the little entente, are apprehensive. Is Horthy really an ally of Hitler? Is he grooming his country for war? ‘What is the guiding thought of his life. Before attempting the answers we must see something of his back- ground. It was because of a family tragedy that Nicholas Horthy joined the navy. After his elder brother, Bela, a naval cadet, had lost his life in an accident at a maneuver, Nicholas insisted on carrying on in his place. Following his graduation from the Fiume Naval Academy and an eventful cruise in the Pacific, he was plunged into the midst of events on board the imperial and royal armored yacht Taurus, anchored in the Golden Horn of Constantinople. Interests King. ‘The ship was attached to the Austro- Hungarian Embassy in the Turkish capital, one of its duties being to pro- vide a place of refuge and means of transportation for the Embassy person- nel in case of trouble ashore, of which there was plenty. Horthy was on duty in the Bosphorus when the Young Turks’ revolution made history in 1908. The secret archives of the marine divi- sion of the ex-imperial and royal war ministry preserve his 28 reports on the critical situation. Horthy's career was made when Franz Josef, Emperor of Austria and King of Hungary, decided that he liked the analytical power of the author of the reports. In November, 1909, Horthy was sum- moned to duty in Vienna as an aide- de-camp to the Emperor-King. This was a highly coveted position, close to the mighty old man who had out- lived nearly all his subjects, & living legend, a chapter of animated history. It was also an exacting position. The adjutant had to be up and around at 4 o'clock in the morning, Winter and Summer, rain or shine, as the monarch ‘was at his desk at 5. Few people could do justice to such 8 task, and if they failed, their careers were smashed. On a hot Summer day an unfortunate young aristocratic aide dozed off in the Emperor’s carriage as they drove out for the daily promenade near Schoenbrunn Castle. This was the last the Emperor wanted to see of the young officer. Popularity Drew Attention. No such catastrophe, however, befell Commodore Nicholas Horthy. His brother Steven liked to tell a story showing how popular he was with the Emperor. Struck by the resemblance between him and the A. D. C., a barber near the Schoenbrunn residence asked whether he knew Nicholas Horthy. Having received an answer in the af- firmative, the barber then proceeded to tell him that the Emperor must surely like his naval aide, as he always seemed to be engaged in conversation with him, while with the others he hardly exchanged & word. - Foreign not- | of | | | The World War found Horthy on | board a small battleship of the | monarchy in the Adriatic Sea. Later he was given command of a modern cruiser, Novara, and it is with the name of this boat that Horthy's war- | time career is linked. The Austrian Navy was bottled up in the Adriatic at the outset of the war, assuming an attitude of suspicious waiting to- ward the Italian neighbor, a former ally, now a neutral and ready join the other side. | On May 23, 19 Italy did actually declare war Austria-Hungary, and on night the Novara steamed out of its base at Pola, followed by a bevy of small craft, and headed for the Ital- ian coast, shrouded in darkness. fore the dawn broke it began shelling | Porto Corsini, the seaport of Ra- venna. After this came a long period of idleness. the Kingdom of This was harder to bear than ac- | tion, and Horthy welcomed the order, | two years after his first naval en- | the | the narrows be- | Here the | | gagement, that sent | Straits of Otranto. tween Italy and Albania allies maintained a strong blockade. In the battle of Otranto Horthy was wounded, but continued to be in charge of operations, seated on a chair. His ships broke through the blockade and him into then, under overwhelming fire, were | forced to return to their base A few months later a mutiny broke out on most of the units of the Aus- tro-Hugarian fleet, but the battleship Admiral Horthy (right) with Mussolini at Naples. to| on! the same | Be- | —A. P. Photo. | Prinz Eugen, of which Horthy was | now in command, remained quiet. | Franz Josef's successor, Emperor Karl, appointed him commander in ! chief of the fleet. His critics say that | he put down the mutiny with too much blood. Then came the end of the Haps- burg glory. Horthy was now a rear | admiral. Most of his formative years | had been spent in the service of the dynasty. Officers of imperial Austria were servants not of a country but of the ruling house, which had no na- tionality of its own. This was natu- ral. in view of the fact that the mon- archy consisted of about a dozen | nations, and if the Hapsburgs had identified themselves with one of them the others would have been offended. Hence the officers of the army and navy were known as “schwarz-gelb”—black and yellow— the colors of the ruling family, and their life was dedicated to the service of the “all highest monarch.” Horthy was imbued with these traditions. The impersonal ‘“‘Dienst”—service— to which he had sworn was his guid- ing star and predestined his attitude toward the mutineers After the war Hungary through the liberal Count Michael passed revolution of Karolyi and of a Hungary’s Regent Governor Proved Timely Man of Iron in Magyars® Need. to look for & man of iron, a wor- shipper of discipline, to put an end to what they called the era of anarchy. Fitted to Role. Horthy appeared the ideal man for this part, and on a rainy November day he led his small army into Buda- pest. Those were the days of the Hun- garian White Terror, when Socialists, Liberals, Republicans, Communists, Jews, Freemasons and just plain Demy ocrats were the objects of violent hatred. This was an anticipation of Hitler's purges more than a decade later, and even today is there no accu- rate account of the lives lost. Horthy was criticized by liberals of foreign countries for his statement to an Eng- lish commission investigating the deeds of the head of . terror detachment, “He is one of my best officers.” As commander in chief of the Hun- garian armed forces, small but grow- ing, he was a man with real power in distraught Budapest. All the parties | of the Right agreed with more or less unanimity that he was to be the man | of the future. The office of regent gov~ ernor was created, and Hungary re- tained her name as a kingdom. Horthy was elected on March 1, 1920 He accepted the call on condition that he would serve merely as the substi- tute of the lawful King, who was pre- vented from returning. Ex-King Karl, in a Swiss retreat, was awaiting the call of the ex-com- mander in chief of his fleet. A quiet little man, in spite of his awesome title, he was in no hurry. But his wife, ex-Empress and Queen Zita, had less patience. When Horthy's call failed to materialize, they decided to take mat- ters into their own hands. ‘ Fateful Meeting Occurs. | It was on an April evening in 1921 | that Karl appeared in the royal palace | of Budapest to claim his throne. He | thanked the regent for his faithful | service and announced his decision to | carry on. If Horthy had lost his pres- | ence of mind for just a moment, Haps- | burg's destiny might have changed. | | Or if Karl could have been a listle | firmer he would have resisted the “re- | quest” of his regent to leave the place S1x months later Karl made another attempt to regain his throne, and this time Zita went with him. Again they miscalculated their strength, and when the royal couple reached the outskirts of Budapest and were within sight of the palace on top of Fortress Hill Horthy's soldiers were ready to shoot. It was from the Hapsburgs that | Horthy had learned the conception of | “service” | Island of Madeira—a beautiful tour- and “order"—and now he turned his knowledge against his for- mer masters. The King and Queen | were prisoners, on their way to the | ist center in the Atlantic Ocean to| visitors from overseas but an arid St. | Helena to the pathetic would-be Na- poleon. A few months later Karl died, i haunted by a nightmare of fiasco. | Tronclad Alibi. Karl's followers were indignant at | the regent, but he pleaded inescapable | necessity. What other way was open | for him? Neighboring nations would not have tolerated a Hapsburg coup under any conditions. Their armies | would have marched upon the capital | | | to oust the King, and before long the | plunged into another war. Communist revolution, the most out- | | Kun. Both of these regimes had short standing figure of which was Bela | lives, and when the latter was over- | thrown, 18 years ago this month, | the forces of the other extreme began LATIN AMERICA SPURNS {ler, and more recently the King of BY GASTON room left on the front pages for the diplomatic maneuvers and offensives—the battles behind the scenes—which are being fought co- incidentally. Nothing has been reported, for in- stance, about the diplomatic mission headed by Signor Federzoni, president of the Italian Senate, who has just toured the capitals of Argentina, Uruguay and Brazil in search of recognition for the rebel regime of Gen. Franco in Spain. The mission was a failure, having received definite rebukes from at least two of the countries mentioned and having failed in all three as to the recognition of Franco. But that does not minimize the significance of the Italian move as added evidence of a danger which we have been trying to stress in these columns. In the public speeches which Signor Federzoni made at Buenos Aires, Rio de Janeiro and Montevideo, he spoke enthusiastically of the role of Latin America in a Fascist world. He did not confine himself to praising the “glories” of Italian fascism or even to supporting the aims and objectives of the military rebellion in Spain, but, indulging in & bit of wishful thinking, he saw the promis- ing future of a strong and united Latin America under the leadership of the Fascist Latin nations of Europe, heirs of the grandeur that was Rome. Saw Italy’s Gains. ‘With the new Spain, said Federzoni, meaning, of course, the Fascist Spain which Mussolini and Hitler are try- ing to set up with Franco, it will be easier for Imperial Italy to collaborate in molding the spirit and developing the material resources of the young republic daughters of Spain. He ex- pressed himself in flowery terms of the contribution which Latin America would thus be making to civilization, but, naturally enough, failed to say anything of the contribution which Latin America would be making 'to European fascism, at the end of its financial rope and hungry for the raw materials apd for the commercial markets of the New World. Federzoni was right, of course, in predicting a close collaboration be- tween Franco's Spain and Mussolini's Ttaly, even Hitler's Germany, but it is precisely in the possibility of that collaboration that the danger lies, for no one with an elementary knowledge of economics and world politics ignores that the Fascist nations today are not interested merely in the ex- portation of ideas. They happen to be the nations most in need of foreign Taw materisls and also the ones most in need of foreign markets for their b ] INVITATION OF FASCISM Rebuff to Ttalian Mission for Franco Fails, However, to Elimi- nate Danger. NERVAL. ITH actual and bitter war- fare in progress on two wide fronts, there is little own products. As a matter of fact, this economic pressure is one of the strongest of fascism, compelled to search abroad the resources and the profits necessary to offset economic maladjustments and discontent at home. Latin America is today the world's largest storehouse of raw materials and also the largest commercial market still open to the free com- petition of the great manufacturing powers. It is easy to see, then, to what ends the collaboration of the Fascist countries with the young re- publics of the Western Hemisphere would be directed. There are, moreover, other factors which, in the case of a rebel victory in Spain, would facilitate tremendously Fascist penetration in Latin America. Apart from the racial and cultural ties existing between Spain and the Latin American republics—and these alone would be sufficient to make the influence of any major social changes imposed upon Spain felt on this side of the Atlantic—the system of land tenure, the role of a politically am- bitious army and the part played by the Catholic church in politics in most of the Latin American countries are strongly similar to those of the Spain which Franco is trying to preserve with Fascist aid. If the rebels suc- ceeded in establishing in the mother country a Fascist regime, under the protection of Italian and German planes and bayonets, they could from the start count upon the support of powerful allies, in nearly every one of the Latin American nations, in their interested efforts to transplant Fascist ideology to the New World. Privilege Versus Masses. The landowners, the army leaders and the church, which have con- stituted the privileged classes in most of Latin America since colonial times, could not help but view with sympathy the introduction of autocratic and totalitarian doctrines which would suppress summarily the agitation for social justice already beginning to give signs of existence in some of the most advanced American republics of Spanish origin. In fact, representatives of those privileged classes in at least three of the Caribbean nations have already announced their plans for the propa- gation of their own version of what for want of a better name may be designated as tropical fascism. Even these plans, which today appear only laughable, would acquire threatening significance the day Franco could establish himself the master of Spain and start, with his Fascist sponsors at Berlin and Rome, the joint and “civilizing” task of winning Latin America over to the camp of the fascio and the swastika. (Coprright, 1037.) L] whole country would have been Regent Horthy is none the less im portant for shunning publicity. He re- | ceives envoys, sees distinguished visi- | tors, opens fairs, reviews troops, gives garden parties, goes to the opera, con- | cert and theater. But he does not try | to imitate the heads of democratic | | states, part of whose job it is to kiss ' babies and shake hands. He is seldom | seen in the midst of peasants and laborers, probably because he is really | too aloof. His wife has a reputation for wit and friendliness; she is still fascinating. Today Hungary is what she is largely because of Horthy. Whether he gives the country the kind of leadership it needs is still a matter of discussion. His heart is still in the past, and he associates greatness with | military efficiency. He looks upon de- | mocracy and social progress as alien to the Magyar spirit. It is very seldom tnat he speaks in public, and such appearances can form no basis for an | estimate of his work. But his acts are | conclusive, and they reveal the man. Admires Hitler's Audacity. Hitler appeals to him because of what he considers his courage and single-minded purpose. Horthy still believes that Germany, Austria and Hungary are bound together by the affinity of a common destiny. At the same time he seems to realize that Nazi-ism has certain aspects that do not accord well with Hungarian na- ture. He has not Hitler's anti-Semitic obsessions and places no trust in the tenets of racial exclusiveness. Horthy is not the fanatic that Hit- ler is, and arguments are not wasted on him. While he considers force an inevitable corollary of the diplomacy of our days, he has not made a cult of it like his German neighbor. Some years ago Horthy was not averse to rattling his saber, very much to the annoyance of Hungary's neigh- bors. Recently, however, he has re- frained from irritating statements. He realizes that Hungary is not strong enough to go to war for her lost terri- tories. But he also believes that des- tiny cannot be stayed. If he has any plan in mind for solving the tragic Danubian problem he has not yet re- vealed it, directly or indirectly. Un- der his guidance Hungary has been content with playing a subordinate part in the concert of disgruntled na- tions, leadership of which is divided between Germany and Italy. Prime Minister Liberal. ‘The present prime minister of Hun- gary, Kalman Daranyi, is a man of liberal views; his horizon is broad. He knows about the plight of his country, where millions of peasants put in end- less Fours for little more than a piece of bread. He knows that the country wants to regain its freedom of self- expression through universal, secret suffrage. Recently he has been ex- tending this right, which had been de- nied to rural districts. Horthy is the real power in Hun- gary and the prime minister must go along with him unless he wants to find himself out in the cold. Hun- garians who keep their eyes open know that the regent-governor is in & position to stay the tragedy. They point out that their predecessors, the Hapsburgs were swept out of power because of their inability to com- promise with the spirit of the age. The house of Austria also was con- vinced that the only government was the one that lived in the past, and the | sented at the session. Tegent is seen as the product of this background. Because of his admitted gifts, even his critics hope he ‘will dis- play them in & way that will be Hun- & FOUNDERS LONG DEBATED POWER TO SELECT COURT Constitutional Convention of 1787 Failed, However, to See Recess Controversy. BY HARRY W. BAEHR, Jr. ENATOR ARTHUR H. VAN- DENBERG'S move last week to put the Senate on record in favor of an appointment of a successor to Supreme Court Justice Willis Van Devanter before Congress adjourns brings up a point which the Constitutional Convention, in its ses- sions 150 years ago, apparently did not foresee. And yet the convention dele- gates gave particular attention to the appointment of members of the Su- preme Court, and many of them were convinced that the Senate should be concerned in the process. Indeed, until fairly late in the convention, it | was proposed to give the Senate the | sole power of selecting justices. The convention was organized on May 25, 1787. Four days later Ed- mund Randolph presented a rough draft of a constitution in the form of & series of resolutions. This has since become famous as the “Virginia plan” and it formed the basis of the con- vention’s work. Among the resolu- tions was one which called for a na- tional judiciary, to be chosen by the National Legislature, On June 5 this provision of the Virginia plan was discussed by the convention, and there was 4n ani- mated debate. The chief source for the debates of the convention—which were not officially recorded—is the journal of James Madison. His nota- tions are brief but to the point, giving the spirit and most of the matter of the delegates’ speeches we learn that James Wilson of Penn- sylvania was the first to object to legislative appointment of the judges. Monarchy Issue Raised. “Intrigue, partiality and conceal- ment,” said Wilson, are the “necessary consequences” of appointment by & large body of men. He preferred a single, responsible person to under- take the task. But John Rutledge of South Carolina demurred. “The people will think we are leaning too much toward monarchy,” he said. The elderly Benjamin Franklin, peacemaker of the convention, inter- vened. It would be wise, he suggested. to discuss all possible methods of se- lection to obtain the best. He men- tioned the Scotch method of choosing judges—nomination by lawyers. They always chose the best man among them, he added, s0o as to share his practice and eliminate competition This remark brought a laugh, and then Madison proposed a compromise He did not think the Legislature as a | whole was well qualified to choose jus- tices, but perhaps the less numerous and more select Senate might fill the bill. The question was postponed until June 13. when, after a strong speech by Madison. the power of appointing members of the national bench was tentatively given to the Senate. Wanted Both Safeguards. The solution of June 13 proved only temporary subject : sure that the appointments would be made by some one, or some body, which would be responsible—and in a legislative body individual responsibility | is easily lost—and yet they wished the | Jjudiciary to be safe from the encroach- ments of the executive branch. As Madison put it. it was & contest be- tween responsibility and security. Those who stressed the former were not satisfled with the choice of the Senate as the appointing power, and on July 13 Nathaniel Gorham of Massachusetts arose to express their objections He would prefer, he said, “an ap- pointment by the second branch (the Senate) to an appointment by the whole Legislature, but he thought even that branch too numerous anc too little personally responsible to insure | a good choice.” He proposed, there- fore, that the Massachusetts method be adopted. wherein the Executive ap- pointed judges with the “advice and consent” of the Upper House of the Legislature. Issue Again Postponed. James Wilson and Gouverneur Morris accepted this, though the former said he would rather the Executive were untrammeled in his choice. But Luther Martin, Roger Sherman and George Mason came out strongly for leaving the selection in the hands of the Senate. As a representative body, they urged, the Senate would be collectively better fitted to judge the qualifications of men from different parts of the country and the judges would be more “diffused.” Further, if as was then considered possible, the Su- preme Court was to try impeach- ment cases, it would be unwise to have the selection of its members in the hands of a man on whom they might be called upon to sit in judgment. Gorham suggested that if the Senators “cannot get & man of the particular State to which they may respectively belong they will be in- different to the rest"—an -accurate forecast of the rule of “Senatorial courtesy” which gives a Senator virtually veto power over appoint- ments in his State. Sherman argued in reply that the Senate would be composed of men nearly equal to the Executive “and would,. of course, have on the whole more wisdom.” A motion for direct appointment by the Executive was voted down, and another for a joint selection by Executive and Senate received a tie vote from the eight States repre- The question was therefore again postponed. New Argument Used. On July 21 the discussion was re- newed. Madison proposed another compromise—that the President nom- inate the justices, and that un- less two-thirds of the Senate op- posed the nomination within a cer- tain specified time, the nomination would become an appointment. Madison now had & new argument against direct appointment by the Senate. He pointed out that by this time the convention had agreed that each State should have equal representation in the Upper House. The possibility arose that an ap- pointment might be made by a mi- nority of the whole people. Gouvenour Morris supported Mad- ison by adding that, since the Sen- ate represented the States, and since the States “in their corporate capac- ity” might well have causes to be tried by the Supreme Court, it would be unwise to have the justices selected gary's salvation. Upon him depends, to s large extent, the difference be- tween war and peace in a part of the world which has acquired an unen- viable reputation as & danger spot. " From them | The convention was torn | between two opposing desires on this | The delegates wanted to in- | by the representatives of litigants. Possitie But the eloquence of Madison and Morris was not sufficient to move the convention from its mistrust of Executive power, although Madison agreed to reduce his requirements for a check on the presidential power to a majority of the Senate. By & vote of three States to six, the | Senate remained the sole appointing | agency for the justices of the Su- | preme Court. Battle Continued. | On August 6 a draft of the Cone | stitution was presented by & come mittee, retaining this provision. The fight against it was kept up by men like Wilson and Morris, who brought forward & new point—one which had previously been presented in reverse. Since the Senate was now to be the court of impeachment, and judges might be tried by it, the Upper House should not “have the fllling of vacancies which its own decrees were to create.” The strength of the opposition postponed definite action on the Judiciary clause, and it was referred, with other debatable points, to a committee. This reported back on | September 4, with what was essene tially Gorham's propnsal—that the President *shall nominate and by and with the consent of the Senate shall appoint . . . judges of the Supreme Court.” This provoked & new storm, but the ‘opponents of the plan to asso- ciate the Executive with the Sen- ate in appointments had perceps tibility lost strength. George Mason, it is true, was opposed to appoinf- ments by either house of the Legis- |lature and yet was “averse to vest s0 dangerous & power in the Presis dent alone.” He suggested a privy | counsel of six, “two out of the Easte ern, two out of the middle and two out of the Southern quarters of the Union,” to act as the appointing power. But this proposal was voted down. Plan Finally Adopted. Elbridge Gerry again voiced fears that the so-called responsi= bility of the Executive would be “chimerical,” since the President “cannot know all characters and can therefore always plead ignore ance.” However. the committee's plan was adopted by a unanimous vote of the States represented, and was a part of the final draft of the Constitution The debates of the Fathers make it quite plain compromise adopted was intended to provide both responsibi and se- curity, by the joint action of Presi- dent and Senate. But “advice and consent” is not a phrase capable of precise definition—perhaps, therefore, the upper chamber would be within | its rights in “advising” the President | to appoint a new justice during this session. The debates shed little light in interim appointmen Senate Usurps Power. The Senate has already. by its ine ternal machinery, usurped much of the presidential appointing power. If an appointment from a State is made against the wishes of the Senator | from that State. the rest of the Sen= ators usually refuse to confirm, under the traditional ruse of “senatorial courtesy.” In this manner, individual Senators have acquired, by indirection, a powerful voice in filling Federal offices, which it is often difficult for the President to shout down James A. Garfield, as President, was confronted with a situation in which Roscoe Conkling, Senator from | New York. objected to one of Gar- fields’ appointments, that of collector of the port of New York. The Sen= ate, on the old rule, refused to cone firm. Garfield made an issue of 1t; withdrew all nominations except those to New York posts, and after a hard battle won his point. But such a major battle over relatively minor ap- pointments is not always possible, and Senators are usually consulted about offices in their bailiwicks The issue raised by Senator Van- denberg, however, concerns the right | of the Senate to initiate appointments ih\' formal declaration, and that ix a | matter on which the past sheds little | light. SeU A ' PayBill | (Continued From First Page.) | intended, it would fnerease prices to housewives and farmers. It would increase foreign imports at the ex- pense of American workers: it would favor ‘big business' against ‘little business,” and it would further come plicate an already complicated eme ployment-relations problem. “Perhaps less haste to enact com- | plicated legislation in a field in which | there are inadequate facts would re- | sult in more surety that our economic system would not be thrown out of balance and that future depressions would not be made more severe as & result of governmental action.” Legality Questioned. Similar controversy exists as to the legality of the bill. But. this, like the economic aspects, is a matter that cannot be gauged with accuracy until the law is in final shape and the form its administration is to take becomes clear. In the final analysis, much will depend on the character of the men appointed to the Labor Standards Board and the extent to which their work is divorced from political con- siderations. If they conduct their activities with a sincere desire to understand and aid in solving the problems of both employe and em- ployer, there seems no reason why this legislation should not be of great value as an initial experiment in the field of governmental regulation of wages and hours. There is no apparent reason why an honest and intelligent effort on the part of those charged with ad- ministering the law should not go far toward determining whether the broad scale of wages and hours ot work, from a practical standpoint, can be effectively controlled by the central government under the capital- 1st system. | Young Nazis Are Told To Read Newspapers BERLIN (#).—One hour’s regular newspaper study a week in German schools is recommended by Education Minister Bernhard Rust, who says: “German newspapers constitute the nation’s diary and the link between Fuehrer and people. The young gen- eration must familiarize itself with the great happenings of the day in the fatherland.” -