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Show A4AA4UJ4A.4A4A1444JlAA4 president vs. Supreme Court An Ancient Feud t rom Perfectly Cut Patterns WHOS NEWS THIS WEEK... By Lemuel F. Parton WATSON By ELMO SCOTT ffffWrffffffffffffTffWf furore over President Roose-.h'- s the nation-wid- e plan for judicial reform, including the packing of the Supreme court, one might assume that all this were something new in our is that the issue of President hisiory. But the fact tE( an ancient feud which began is court vs. Supreme earliest days of the republic and has Junng the or another during the last one time at flamed up toos a and l:f3 antury quarter. There is a curious analogy between the first of mst.nccs and the latest. The first was back in 1800 Jcfterson was elected President as the can- Sn Thomas JyAte of tl " Republican party (the ancestor of the present m .ftr party) and was preparing to give the country Der-ocadmin-- r , cv Deal n. (the'f f't cinht years of fight on the Supreme court. The sit istrrmn Republicans declared that the Federalists. i i rule hy court should have declared the ; s the Supreme Sedition act unconstitutional as a ' If efcrtl chief of violation of free speech. Jefferson a id (1 -- OM Just a Poor Historian. so-call- ed XT EW YORK. protested to Chancellor Hitler against assaults on Americans who failed to give the Nazi salute, lie made these representations quietly but emphatically. His protest was effective. first proposed to declare it null and void in a message to congress. Finally, however, he just Mlttf decided not to enforce it against nrescribed the offenders arrested before the ex: piration of the act on March 3, 1801 and to pardon prisoners then in jail for violating it. But his followers were not content with this example of the Chief Executive taking upon himself the function of the Supreme court. They had been enraged by the stump speeches delivered by Federalist judges when instructing juries and they were especially bitter against Justice Samuel Chase of the Supreme court who had been especially 1 IffiOf severe in denouncing Republican piatai principles from the bench. The modern doctrines . . . that all cuft. ide si men in a state of society are entitled to enjoy equal liberties and equal rights he had said, will . . . certainly and rapidly salttl destroy all security to personal atlmq s iuttg this from a man who, liberty a3 a delegate to the Continental nmiaj shoa!:,! Congress from Maryland, had ea bsrrJ JOHN MARSHALL signed the Declaration of IndeIi F pendence! Tlct :&drs and jurisdiction of the A Vote to ;t4nal. It also provided for The house of Impeach. representatives circuit courts to be held voted his impeachment and John 7 I feiea year, each composed Quincy Adams said that it unrt questionably intended to pave the irej'fwo justices of the for another prosecution way one with sitting which would have swept the judi15C isfict court judge, and for cial bench clean at a stroke. fJ3 federal district courts. Now we have caught the whale, mcmbers of the Su' let us have an eye to the shoal jfuuT1 court said Jefferson, indicating that protested against Adams prelie change was a valid one. fcefe circuit riding duties, But in the senate, where the imouse of representatives peachment trial was held, the ed an investigation of Federalists were strong enough with their nine senators out of ltuation. the total membership of 34 to inund Randolph, Washing-atto- i conducted id g repoited against the i sJh e- t. Su-cou- cir-idm- duty, so in 1793 that only one jus-oe- d attend each circuit, thus con-provid- six jurtices available for i.t richng duty. Although this ed tl e situation somewhat worked a hardship on the es. In 1799 President John g s e aga,n brought the matter congress. The result was cond judiciary act, passed bruory 13, 1G01 which elim-entne- iv circuit riding by ers of ti 'o Supreme court, ''d row circuit judges for uiou tq and expanded the ' of tl e federal courts to lull c n itutional limit. It sitf prosper" Ikrroua.J t'nt after the next SAMUEL laduAI1 f a member of the be membership of prevent the necessary 7 Lkj c ould not be more vote for Chases removal. Although defeated in their atto oust Chase, the Repubtempt y.e Republicans Protest, moved at once to repeal licans tmedi My Republicans odious Midnight Judges bill the J a t ri 'f c K uproar. They of March 13, 1801 and thus get L.T in attempt by rid of the new district judges apJ.cmy c era m, who had lost the t by Adams. Of course, the veio'i F I, ippe v nd congress in the pointed senators raved against . Federalist i to entrench them- -' assault this upon the judiciary. t in the fr judiciary, that judges were declared They a!,i e provision for entitled to a life tenure and that t o i 54 n bership of the the repeal of the law would wreck i t fe. e the Constitution. But the RepubJwam i j , tVdl.am Cushing lican majority nevertheless rei I j ih and not ex-- pealed the law on March 8, 1302, e didnt, Jeffer-- i thus guaranteeing six judges on revisions of this the Supreme court bench. Then, vu u i not be able to ironically enough, the Supreme n hs thus keep-- i court, composed almost entirely ie mom' uship 0f the C0Urt of Federalist judges, upheld the y Federahst. constitutionality of the repeal act rinS tiie next 13 days, which had the effect of restoring s sent to the senate nomina-lf,- r the much disliked circuit riding t new judgeships, Incidentally, Justice system. Ge cr,f en "lifuost not die, as had been did entirely ti ,he Federalists and Cushing He continued to serve ot expected. 1 t' cm f,jr purely political . rs' until 1810, so Jefferson did not an opportunity then to aphave " t t!,e !ast name of Alfft; a justice. point ibhr R!t, Jud6es as the His opportunity did not come cd them because f until 1807. In that year the dec r j. commissions were mand for another circuit in the A tarns on the last new West led to n in office. of one comprisestablishment the mr Jefferson was and Tennessee ing Kentucky, by his fellow-- t Ohio and the addition of a sevpolitical enemy, enth associate justice on the Suwho had been Then Jefferbench. court 01 of state and preme to appoint an son had opportunity 'OMdent had three justices, two for vacancies of the asand one for the ln January. But he soon sociate justiceship. 0 er issues of the found himself balked by his own a , ufn the Alien appointees. One of them, Justice bod, "n Passed during William Johnson, rebuked him Adjr ' d l!1,nistration to for his embargo acts and the thc attacks of others joined with Chief Justice ur, on the President Marshall in strengthening the These laws federal government in opposition no an issue it, the to Jersonian ideas 1(1 Su-cu- two-thir- 1 Hr'' MS n . u t , ." ion. 1 01 1 . Sixty-nine-- i F I ircc-ssor- -- It It m- rapidly-growin- g ,l-- e ary Su-JJ- ie "ii ! , Re-,;- rs newly-create- d j Being naturally calm and tactful, it is quite ceituin that he will not laggiavate the present difficulty as ins government calls Germany to account for press attacks on America. But he is not spineless and will nut be merely a messenger boy. He has disproved the assumption that an ambassador to a major power must be rkh. "Just a poor historian, ho lives simply and rides five associate ided for under v act of 1789 isM or Dodd r jCOUU Am-bassad- William E. 21 Mbs In 1933, A cartoon in Frank Leslies Weekly printed at the time of the Supreme court. of Grants alleged packing For it during this period that John Marshall, with his interpretations of the Constitution, increased the authority of the judiciary and elevated the Supreme court to the prestige which it has enjoyed ever since. In the celebrated Marbury vs. Madison case in 1803 he laid down for the first time in the name of the entire court the doctrine that the judges have the power to declare an act of congress null and void when, in their opinion, it violates the age of seventy years and serving 10 years on the federal s bench could do so with pay. This bill would have permitted President Grant to make only one appointment to the Supreme court since the membership had not fallen below eight since the passage of the 166 act. When it became effective in December, 1869, the Supreme court was engaged in deliberating on the legal tender cases. The first conference of the court on the case resulted in a four to four decision. Grier suddenly shifted his position, after an inconsistency was pointed out to him, and the court ruled five to three adversely on the legal tender acts. the Constitution. Jefferson Views With Alarm. This doctrine caused consternation among Jefferson and his supporters. ExclaimedthePresident: If that idea is sound, then indeed is our Constitution a complete felo de se (legally a anti-Semit- Rejecting His Own Baby. One of the justices who voted against the act was Chief Justice Chase. As secretary of the treasury in Lincolns cabinet he had inaugurated the policy of issuing paper money and now as Chief Justice he held that his own financial baby was illegal! On December 15, 1869 Grier si bmitted his resignation to take effect on February 1. Meanwhile sui- cide). For, intending to establish three departments, and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one too, which is unelected by and independent of the nation . . . The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary which they may twist and shape in any form they please . . . of a A judiciary independent king or executive alone is a good thing; but independent of the will of the nation is a solecism, at least in a republican government. But Marshalls idea prevailed and in this first feud between the President and the Supreme court, the latter was com- President Grant nominated Hoar, his attorney general, to one of the Supreme court vacancies. But lie was rejected by the senate before the legal tender decision became known. Grant also named Edwin M. Stanton, his secretary of war, to Justice Griers place but Stanton died four days after the nomination was sent to the senate. On February 7, 1870, as the Supreme court was announcing its adverse decision in the legal tender cases, Grant sent to the senate the names of William Strong of Pennsylvania and Joseph P. Bradley of New York for the two vacancies on the court. It was this coincidence, plus the subsequent events which gave rise to charges that Grant had packed the court to get a redeciversal of the sion. Four days after the confirmation of Strong and Bradley, Attorney General Hoar moved for argument of two other cases and the earlier decision finally was reversed bv a vote on May 1, 1871, Strung and Bradley voting with the previous minority. Although Grant has been charged with deliberately "packing the court, hist rians gen- Eben-ez- pletely victorious. In 1837 two more justices were added to the Supreme court. Soon after Lincoln lecame President there were three vacancies in the Supreme court two resulting from death and a third from the resignation of a Southern sympathizer. At first the new President did not seem to be in a hurry to fill the vacancies. But the wuth cases challenging Norths blockade of Southern adports coming up, it seemed visable to do so. Then on March 3, 18G3 congress added Oregon to California to form the tenth circuit and provide an additional justice for the Supreme court. Three days later Lincoln appointed Stephen J. Field to the new post and on that day the court upheld the legality of the federal governments blockade. It is not clear whether there any connection between the doubt over what the courts decision would be in this case and the appointment of the tenth justice. But as it turned out, Fields vote wasnt needed. For the court, by a five to four vote, upheld the government. Then in 1864 Chief Justice Roger Brooke Taney died and Lincoln named Salmon P. Chase, his secretary of treasury, as Taneys successor. This appointment had an interesting er Works fession. He is : T--i 7 yeais n old. In 19'Ji, bark lie took it all A graduate might be a .snob cum laude, but lie was running an elevator just the same. Out in Minnesota, a college dean recently urged students to take postgraduate courses in relined speech, dress and deem um. It mult be bard for the youngsteis to decide what to be or do Dr. Dennett evidently doesnt suggest rowdy as the alternative of Hh.it he seems to have in nice. mind is that Williams should draw 'more from Hie mam democratic bloodstieam, and not so much from d arteries. He thinks the the exclusive preparatory schools are Tunneling loo many studi nts into Williams. lilue-bloo- The Admiralty .Speaks. (MR SWULL JIOAH I Hi di b t h sT first lord of admiralty, ids 090,099 naval lan and nrd s h.s the United Stales to build right along with England we are brolh eis. Already them is a yell over '' here that England h. ' In 1866 the number of justices was reduced to eight. In April, 1869, the house passed a bill providing for a ninth. It had originally included in this bill a provision similar to that proposed by President Roosevelt for the appointment of additional justices for incumbents over seventy years of age. This was inspired in part by the fact that Justice x years old, Grier, then seventy-siwas in a feeble condition, mentalIn the ly as well as physically. fall of 1869 the other justices of the court sent to Grier a suggestion that he should retire. The senate, however, refused to concur in the house proposal for judges appointment of additional and as a compromise it was provided that any federal judge who wished to retire after reaching sixty-seve- DENNETT, MR. TYLER of Williams, says his college is gett.ng too many ''nice boys." It was in 1929 that Professor Ri bert E. Rogeis of M. I. T told his class that the thing to do w is to lie a snob and niairy the boss' daughter O ''V with Wilson, Too Many Nice Bovs. legal-tend- five-to-fo- of Woodrow Ray Stannnrd Baker. He is a former president of the American Historical association, highly distinguished and authoritative in his pro- legal-tend- s after-mat- third eiass atound Germany. lie says tins is a muih better way of understanding Germany anil know- -' mg Hie people than attending state banquels which he abhors. The Germans like him and even forgive his belief in demociucy, which he bluntly expresses when such expression seems pertinent. His doctor's degree was obtained at the University of Leipzig, and one of his best books was a biography of Thomas Jefferson, written in German. They have forgiven that, too. Most of his thirty years ns a historian was spent at the University of Chicago. When he was appointed he in June, 1933, ambassador smilingly expressed doubt about be"The trouble is ing a diplomat. that a historian has to tell the truth, he said. Two former ambassadors to Germany, Bancroft and White, were historians, but in less troubled times. He has spoken frankly, and has been only occasionally vilified, as when Julius Streicher, Germanys notorious slurred his family on August 16, 1935. A native of North Carolina, he keeps a little cottage down in the Hlue Ridge mountains, and drives around in a worn little old car when he comes home. He likes out of He doors and is usually is medium, somewhat athletic in stature, with a look of keen awareness and competence, which softens as he speaks be is essentially a humanist. The failure of the League of Nations he regards as one of the tragedies of mankind. He has long been a torch bearer for ttie Wilof The sonian ideals, is. as usual, erally absolve him from that charge. They point cut that Grant had no advance know. edge of the nature of the decis or, and that, since virtually every state court (except Kentucky) and every prominent Republican the lawyer legal-tendheld the view that act was con; titutional it would have been impossible for i the President to fir any state of his own or lawyer any judge from Strong differed who party and Bradley m tl e view which er the g Western Newspaper Union. school? Mother, I meant to tell you. Mary Jane and Betty are both going to coax their mothers to make one just like it. I said maybe you would loan them the pattern, would you?" Why of courte. Did you tell them it took me only two after-- l noons to make yours including two blouses? Enter The Duchess. Sis, youre pietty young to be talking about clothes so intelligently. When you get a figure that clothes really count on ahem, like Yours Trulys for instance; then it might be different oh Mother, how nice! Im crazy about it. Gee, such smart lines! Remember, you promised to help me with a new party frock next week if I did well with this I wish all dresses were as ca y to sew and ns swell to wear os it is. Perfectly cut patterns spell success for any frock, Kay; your party dress is es good as made right now. But I mud be on my way or Ill be more than fashionably late for the affair. Bye, bye be good girls and see that Daddy gets something to cat. Pattern 1263 is for sizes 36 to shirt-waiste- and l'A yards for the blouse. Armscye and neck edges of jumper require 2V4 yaids of Vk inch bias facing. Pattern 1226 is for sizes 14 to 20 (32 to 42 bust). Size 16 requires 3 yards of 35 inch material. New Tattern Book. Send for the Barbara Bell Spring and Summer Pattern Book. Make, yourself attractive, practical and becoming clothes, selecting designs from the Barbara Bell patterns. Interesting and exclusive fashions for little children and the difficult junior age; t slenderizing, patterns for the mature figure; afternoon dresses for the most particular young women and matrons and other patterns for special occasions are all to be found in the well-planne- d easy-to-ma- well-cu- Barbara Bell Pattern Book. Send cents (in coins) today for your copy. Send your order to The Sewing Circle Pattern Dept., 119 New Montgomery Ave , San Francisco, Calif. Patterns 15 cents (in coins) 15 each. Bell Syndicate WNU Service. Sheep in Wolf's Clothing Jt. C., department store manager in an Idaho town, scanning the aisles for shoplifters, spotted a suspicious-lookinwoman. He trailed her to another store, informed the manager, and left, thinking himself quite a sleuth. A few minutes later the Chief of That woman Police phoned. youve been watching for the past two hours is one of the detectives you hired to stop shoplifting. g r. Early Americans and Pioneers Used Poul- tices for Colds i So do modern houfwivg today. Poultie mad th modern way to with Denver Mud quick stubborn cases ol congestion, bronchial irritation or chest colds Keep packsge in your medicine chest At All Drug Stores Family Sits. SOc Practical Site. 2 So ' rlil j ers. Simultaneously, he broke the illustrious and inquisitive nose, and was eased out as foreign minister because he was too realistic about Ethiopia. His comeback was amazing in its swiftness. In a few months, he headed the admiralty, and articulate and dominant tory I ngiand had swung to his view on Ltlnopia. lbs goldsmith ancestors founded Ye Olde Golden Bottel bank in the reign of Charles I. It is still ownco bv five Ho j res, w.th one of them sleeping on the premises every night as their anc cut charter re quires Sir Samuil, it is believed, lever rlec ps. with an eye never closed on the empire where the sur, never sets. Features. Console tied Salt Lake s Most Hospitable NFWIIOISU Hotel Inrites YOU The Newhouse Hotel -skating, SALMON P. CHASE on I 52. Size 38 requires 5Vi yards of 39 inch material. Pattern 1996 is for sizes 6 to 14 years. Size 8 requires PA yards of 33 inch material for the jumper hy- ing to pit us to pull her chestnuts But thats someout of the fire thing for the editor, a! page. S.r Samuel, with h s high pitched nasal voice, his long, sharp peda-- I gogue's nose, his classy eve, and his way of laving things on the line, is always good copy fur the report figure- they la'er expressed preme bench. I M GLAD I m not on the serv- ing committee this week, muses Mrs. Smith of Walnut street, as she takes stock of herself in the mirror preparatory to leaving for the church supper. I look entirely too swell for me I alwhy, Im almost excited ways knew surplice waists were becoming, but how becoming I never knew till now. That little deceptiveness is just what I need, and these sleeves are the most comfortable things! If about half our circle wore dresses like this it would be better for all concerned; so many of us have outgrown the tailored streamlined styles. Now, Mrs. White for instance Enter an Admirer. Why Mother, you look in that shade of blue! And you look real stylish, too you ought to be going to a Coronation. Oh, Id much prefer the church supper, dear. Ill be a somebody there in my new dress but at a Coronation I would be little potatoes. By the way, what did they say about your new jumper at Su- WNU Servue. 400 ROOMS 400 BATHS The Finest in Hotel Accommodations at Moderate Prices It is our aim to serve you in the manner most pleasing to you. Dining Room Mr J. H. Water, Pres. Cafeteria W. E Buffet Sutton, Gen. Mgr. |