Show Between You au and MeI Me I Jackson and the Judiciary H Hack l c Lawyers s and Ted Clark Guide to the Great By RAYMOND CLAPPER A WASHINGTON WASHINGTON-A A significant address which has received no rio p publicity was delivered Saturday night tl to the Buffalo BuCalo Lawyers Lawyers' r club by Robert H. H Jackson as- as general counsel of ot the treasury department and special counsel for S SEe SEC E C in the utilities suits In the present threatened breakdown breakdown breakdown break break- down of ot the judicial machinery Mr fr Jackson Is the first respond respond- responsible ble legal representative of at the government to arguo argue In favor of ot simplifying our judicial procedure In order to obtain prompt de decisions deci l- l by the supreme court on tho the constitutionality o of legislation The need for Cor obtaining such decisions promptly instead of after after atter af at- ter lo long g dela delays 8 as have occurred in the pending A A A cases has been pointed out repeatedly in inthis inthis inthis this place until readers no doubt arc weary of the subject But the question is vital Although Although Al Al- I though the situation is bringing a gentle rain of ot fees tees to the legal profession the fact Is that the thousands of suits now clogging tho the courts and the delay In de determining de- de the constitutionality of ot vital legislation such as the A A A and the utilities act are threatening threatening threat threat- ening cuing a n. breakdown of our constitutional constitutional constitutional con con- system Unless the l lawyers wye s join in attempting attempting attempting at at- tempting to make the present system tem tern workable a real movement to deprive the supreme court of ot its power to invalidate legislation is inevitable Present judicial chaos will not be tolerated Mr Jackson is not a Frankfurter Frankfurter Frank Frank- furter lawyer nor a a. member of ot the brain trust but a corporation law lawyer er temporarily in the service of the government At Buffalo he said with apologies apologies apolo apolo- gies gics for lor the interpolation which should not be held against him The supreme court decides matters of ot constitutionality only in private litigation The president president dent of ot the United States representing lepre- lepre the welfare of ot people cannot ascertain what the opinions of this court may be However desirous he may be of ke- ke keeping ping within its decisions he cannot learn these decisions until some private litigant gets a decision decision de de- decision de- de in a case The supreme court will answer answer answer an an- the constitutionality doubts as to the constitutionality of the gold policy of the government for the holder of 1350 worth of coupons of a railroad but it will will- not advise or or inform the president of the tho United States S Quoting Mr Jackson further Can we adhere to a legal philosophy philosophy philosophy phy that denies the benefit of our judicial departments department's wisdom and neutral views to our policymaking policy mak ing departments except as they ma may after a lapse of years be reveal re revealed re- re veal d piecemeal through opinion opinion opinion ion on private litigation If the highest authority on legal philosophy philosophy philosophy phy is unable to reveal itself to the congress or the executive can we as lawyers complain if the processes of litigation and administration administration ad ad- ministration must go on meanwhile meanwhile mean mean- meanwhile while The mass attack on statutes as shown by the processing tax ax cases and by the utility cases changes the tho essential nature of the process of judicial review Under Under Under Un Un- der all former practice the laws of congress took effect unless and until set aside by the court I Under the new Liberty league pr practice the law of ot congress I Is III treated as S a II complete nullity until the supreme court says saya it can take Tho difference subtly In Introduced Ine in- ti traduced in the past year is fun fun- The Tho utility industry when it made mass defiance to another district judge of equal weight With no better judicial basis than this the tho whole law Is la nullified and will be for tor an an in indefinite ine In- definite time pending a supreme decision court This Is not orderly government it is lawlessness Still quoting from Mr J Jackson There is neither pre present nor historical historical his hs- justification for scatterIng scattering scatter scatter- ing jurisdiction to nullity nullify sovereign sovereign sov soy act a among long dozens of ot district district district dis dis- dis- dis courts each the creature of ot congress itself The rush to choose among these courts and select among these judges Mr Jackson doesn't say it but you youcan youcan OU can put it down that the utilities knew what they were doing when the they threw their trick test case into the federal court court court-at at Baltimore when John W. W Davis had to be introduced to his obscure client cHent In Incourt court court and and that that they knew they had picked one of ot the tho most conservative conservative conservative con con- judges on the bench to hear their attack on the utilities act and hurry cases In some places and delay them elsewhere can only lead to a public belief beliet that known leanings or local influences influences in influences in- in have a substantial part partin in the decision Conflicting opinions lead ead to nothing but confusion promote controversy and all are finally merged In the pronouncement of one final court Could we not ar- ar arrange to get the final word without so many preliminary and rather unseemly maneuvers 1 Mr Jackson suggests suggest it might be possible to permit acts of ot congress congress congress con con- gress to be reviewed only by the supreme court in exercise of original original inal thai jurisdiction The The government he feels should be a party to all cases and should have the widest discretion to consolidate cases He says mys further Preliminary injunctions or summary halting of ot the processes of ot enforcement should be wholly in the discretion of ot the supreme court and not subject subject subject sub sub- to local and ac ac- ac- ac tion He probably means that acts of ot congress should not beset beset be beset set aside b by any political hack w who o happened to have had enough political pull to get a district judgeship Finally Mr Jackson said The American bar could render a constructive constructive constructive con con- and statesmanlike service service service ice to our judicial l system if it it would lead the the way to organizing the process of testing constitutionality constitutionality constitutionality it from being discredited by the present conflicts con con- filets and confusion This multiplicity multiplicity multiplicity multi multi- of lawsuits deluge of lower lower lower low low- er court opinions defiance of the laws passed by congress and long delay in getting the case to the only court that can determine it are not looked upon by anyone anyon except the lawyers engaged as asvery asvery vcr very becoming to a democratic in in- in The substance of ot judicIal judicial judicial judi judi- cial review might be impaired by disgust with its procedure Mr Jackson and all aU who are concerned over this breakdown in in our judicial machinery are doing doing doing do do- ing a service toward preserving the supreme courts court's power of ot judicial review That power cant can't survive if it it doesn't work And it Isn't working now It is merely merely mere mere- ly Jy causing traffic jams At the elbow of ol most successful successful success success- ful Lul men men and and seldom noticed b by bythe bythe the public stands public stands a a aman man like Ted Clark who has just died Not many of at them are as good as he was He was confidential secretary secretary secretary secre secre- tary and adviser to Calvin Coolidge Coolidge Cool- Cool CoolIdge idge in th the White House He had canny political judgment and equally important the courage to tell teU his president what he ought to hear not what he might want to hear In turn he was Coolidge's safety valve valve valve-a a trusted friend and wise counselor with whom the president could safely think aloud No president has many such men around him He is lucky if he has one Men of ot Ted Clarks Clark's type have more influence upon national affairs than is generally gen gen- gon- gon realized Once Mr Coolidge said Of Ol aUthe all aU the men around me Ted Clark has the best political mind and is ismy ismy ismy my best and truest friend Clarks Clark's death is a loss Joss to 10 Governor Governor Governor Gov Gov- Landon for in a strictly personal and unofficial capacity Clark had become one of his Important Important Im Im- Important Im- Im backstage advisers Copyright 1935 by the Washington Washington Wash Wash- ington |