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Show ' ----iF'- i-jiiiniMrriliT Washington. Developments that j have taken place and are taking place in the fight Sees New precipitated b y Alignment President Roosevelt's Roose-velt's plan to reform re-form the Supreme court of the United States show some phases not hitherto evident in political fights. One of these, I believe, portends imp-jrtant changes in the political alignment in this country. I have reported to you in these columns many times evidences of a growing trend toward a new political alignment align-ment and I can say now that nothing noth-ing which has taken place since Mr. Roosevelt took his New Deal into the White House has given such impetus to this coming realignment as his proposal that congress pass a law giving him authority to name six more justices for the highest high-est court. The information coming into Washington these days shows very plainly that the Roosevelt court packing proposal is calling forth opposition op-position from both of the major political po-litical parties. In other words, the opposition to the President's move is probably nonpartisan to a greater extent than any issue before the American people in the last 50 years. It will be remembered that the late President Wilson's proposal that the United States enter the League of Nations falls within that period of time and while there was both Democratic and Republican opposition to Mr. Wilson's program, it can no be said to have extended among the rank and file of the Democratic Dem-ocratic party, then in power, to the extent that Mr. Roosevelt's court packing project has permeated the lists of Democratic voters. I have endeavored to gain the views of many individuals respecting respect-ing the prospects of a new political alignment but few of the men whose judgment is best politically are willing will-ing to make a guess. A considerable consider-able number of them say frankly that they are unable to guess. On the other hand, however, there was general agreement that Mr. Roosevelt, Roose-velt, by suddenly tossing his court program into the lap of congress, has given momentum to a movement move-ment that for some months appears to have been simply marking time. There are certain facts on this phase of the court battle that appear obvious. They are influential and important as well. Take for example the fact that Mr. Roosevelt does not have the backing of the so-called solid South for his proposition. Now, the Democratic Demo-cratic party for three-quarters of a century has maintained the South as a stronghold of its party. Indeed, In-deed, in every presidential and congressional election, Republican politicians began, calculating what the Democratic strength could be at the maximum by conceding 13 states to the Democrats. How different dif-ferent is the situation, now. One can go through the lists of representatives in congress from the South and find Different them rather even-Story even-Story ly divided. One will find among Mr. Roosevelt's opponents in this battle numerous senators and representatives rep-resentatives who nave supported him on every other item of legislation legisla-tion that he has recommended to congress. Now, however, the story is different. Another interesting phase of the legislative situation is that the bulk of the true and constant liberals in the senate and the house have taken a stand against the proposition proposi-tion of increasing the Supreme court from nine to fifteen members. These two points do not represent repre-sent all of the factors opposing the President's plan by any means, but I think it can be definitely said that if Mr. Roosevelt is defeated in his demand at this time, the two factors fac-tors that I have named will have been the deciding influences. Having influences like those just mentioned expanding in their scope, portendt., as I suggested above, a considerable shake-up in party affiliation af-filiation of a Tasting kind. I do not mean to say that all of the liberals who are opposing the plan and all of the Democrats who are opposing the court-packing will refrain from supporting Mr. Roosevelt on other issues in the future. I do mean to emphasize, however, that some of them will not return to the ranks of Roosevelt stalwarts. Thus it becomes rather obvious, I think, that the conservative ranks in congress will be increased to the extent that some of the defections, caused by Mr. Roosevelt's court proposal, result in permanent adherence ad-herence to other philosophies. So it seems to me that the future holds the probability of a sharp line of demarcation between radicals and conservatives. How they will be identified and what labels they may wear is immaterial. We are due to have a conservative party and a radical party in this country and its shape and character is being be-ing molded under the driving fire of the controversy precipitated by Mr. Roosevelt's demands for six more Supreme court justices. In a previous article I discussed the bitterness that has permeated the Supreme court Growing controversy. This Bitterness bitterness is grow-ing grow-ing and no one can teD how terrific it is going to be. Yet, while the political leaders make charges and countercharges, it seems to me to be almost pathetic pa-thetic that the nine judges of the Supreme court must sit quietly by and say nothing. They can not defend de-fend themselves against the criticisms criti-cisms leveled at them by President Roosevelt and his associates. I have searched the records as far as I have been able and I have yet to find where any justice of the Supreme court of the United States ever has expressed himself publicly on any occasion when the court was assailed. It is a rule that is strictly adherec to by the nine justices whom Mr. Roosevelt has described as "the nine old men." Therefore, we see them as the center of one of the greatest political battles in history, wholly unwilling to besmirch be-smirch their dignity or their records rec-ords by answering back. The recent "fireside chat" by Mr. Roosevelt was replete with innuendoes innuen-does and inferences that the members mem-bers of the court are quite incapable incapa-ble of doing their job; that they are living in an age that is dead and, consequently, unable to see things as the rest of the country sees them today. Mr. Roosevelt's speech at the victory dinner of the Democrats Demo-crats was purely politics and his fireside chat in explanation of his court program was 90 per cent politics. poli-tics. But the Supreme court is not in politics. It strikes me as being almost a tragedy that these "nine old men" can not defend their honor and ther record after a lifetime of service to the American people. I do not take much stock in the many tirades that have filled the air and columns upon columns of newspaper space that the present justices are incapable of doing their job. There is so much untruth, so many unwarranted conclusions in those tirades that it amounts to a gigantic gi-gantic campaign that will mislead the people of the nation. Assuming that some of the justices are too old to do their job and assuming further fur-ther that some of them may be too conservative to deal with present pres-ent day problems, it yet seems to me to be an indisputable fact that there is nothing in life that can take the place of experience and the lessons thus learned. While Mr. Roosevelt was taking a vacation in the warm sunshine of i i Georgia, the case Able m behalf of the Spokesmen court packing proposition was ably presented to the senate committee com-mittee on the judiciary. His spokesmen spokes-men were Attorney General Cum-mings Cum-mings and Assistant Attorney General Gen-eral Robert Jackson. They did their job well. They met some of the most vicious questions from committee com-mittee members that I have ever heard and they met them with a smile. True, opponents of the program pro-gram among those senators were not satisfied at all with the explanations explana-tions advanced by the President's spokesmen. That fact, however, does not take away from the two witnesses the credit that is ' due them. And thus for the first time we have what must be regarded as official of-ficial arguments. I mean these arguments ar-guments are to be distinguished from fireside chats and political speeches concerning the merits of the President's plan. Likewise, for the first time we have a frank' admission ad-mission that Mr. Roosevelt's purpose pur-pose in asking congress to give him authority for appointing six addi tional judges is to g:Ve him men on that court who will see present day proolems as the President sees them. In view of Mr. Jackson's statements state-ments to the committee, we can look b;-ck upon some of the speeches made by New Deal spokesmen spokes-men some months ago and can realize from them and present developments de-velopments that Mr. Roosevelt had the general purpose of packing the court in mind for some months. This circumstance seems to explain also why the President and his advisors ad-visors refused to accept the recommendation recom-mendation of Prof. Raymond Molev 1934. At that time. Pressor Moley, a member, if not the number num-ber one man, of the Brain Trust urgently pressed for the New Dealers Deal-ers to go to the country with two constitutional amendments He wanted the people of the country to understand that these amendments would permit enactment of certain types of laws. He thought that the congressional elections of 1934 was he time to present the questions to the voters. It must be . 5 Professor Moley's proposition was one of the fairest and soundest to be made. It is a method prescrLri by the Constitution Itself d Western Newspaper Union. |