Show THE SALT LAKE TRIBUNE Early Parties Sought Change In High Court’s Structure Minister Mltsumasa Yonai told the diet when the navy and naval air rearmament program is completed despite the “menace” he said would result from increased United States air units in the Pa- an By WILLIAM C McCLOY Copyright 1937 by the North American Newspaper Alliance Inc No sooner had the general public begun to appreciate the importance of the supreme court in the affairs of the nation than it “sought to change the structure pnd power of the court This was about 1800 The first changes suggested had to do with the justices’ of term of office close decisions and the court’s power over-actrcongress With the rise of the Republicans —progenitors of the present Democratic party — the country became office conscious Everybody was in politics including the justices of the supreme court some of these campaigning openly for their reIn the last days spective parties of John Adams’ administration his party under the judiciary act of 1801 created 16 circuit court judges and under a supplementary law 42 justices of the' peace for the District of Columbia When the Jeffersonians came into power in congress they repealed the judiciary act of 1801 and anticipated a possible unconstitutional ruling of the supreme court by suspending the court during the year 1802 This was acmomplished by setting aside the court’s next-terof meeting until February 1803 The conduct of Justice Samuel Chase was particularly obnoxious to President Jefferson and he sought to have Chase impeached Justice Chase was acquitted in 1805 Introduces BUI John Randolph on the advice of President Jefferson then introduced a bill in cehgress providing that the Judges of the supreme court and of all other courts of the United States shall be removed by the president on the joint address Re-of both houses of congress The publicans — Jeffersonians — were so disappointed over the result of the trial of Aaron Burr that another amendment— again with the presi dent’s approval — was proposed in congress limiting' the tenure '6f all United States judges to a term of years The bill also provided for their removal by the president on or both petition from — cific An invitation by a third power to discuss arms limitation with the United States would be accepted Yonai said if the parley s two-thir- bouses The object of these amendments was to wrest control of the supreme court front the Federalists and place It with the Republicans (Jeffersonians) Up to 1804 the Federalists fully controlled the court In that i - ? year the resignation of Justice Moore enabled Jefferson to appoint to the first Republican-Democrthe supreme court He was Wil- liam Johnson of South Carolina aged 32’ the youngest man ever appointed to the supreme bench The death of Justice Patterson and the addition of a new circuit gave President Jefferson two more jusat 'sum 1937 posals to reorganize the supreme court The vote was 41 to SI and followed several hours of bittor debate over merits of tho plan The Isle of Man dike Ireland has no toads or snake Indorses Court Plan SACRAMENTO Cal March 2 California assembly lower house of the state legislature late' Tuesday adopted a resolution indorsing President Roosevelt’s prq (UP) — The mented he said Admiral Yonai Indicated Japan's chief fear was the United States air' units' in Alaska the Aleu-tia- n Islands Hawaii and other Pacific possessions would be increased “Some think the air force is more powerful than warships but our navy regards the air force as an auxiliary to the fleet both being indispensable" he asserted The navy’s replenishment program Vice Admiral Norltake chief of the naval affairs bureau told the diet is being con1- six-ye- aimed at equitable arms reductions But unless there is a definite prospect of arms limitation -- such a meeting The Japanese army and naval: ministers answered detailed questions In the diet during debate on war appropriations with such Important points brought out by Admiral Yonai that the budget subcommittee went into secret session to continue the discussion In addition to the United States Japanese military plans principally consider societ Russia who the war minister said had already strained herself financially in preparing for war “It is inconceivable that they can continue Increasing armaments indefinitely” General Sugiyama said “There must be some limit to the bolahevists’ capacity to build armaments" The army is planning broad steps in mechanization of its units and stressing of technical preparation for war the minister stated The army program is sufficient to protect Japanese even though soviet interests forces in the Far East are aug cific Gas and other chemical weapons General Gen Sugiyama minister of war disclosed on the floor of the Japanese diet are being concentrated upon to emphasize scientifio methods of warfare Japan need not “fear” the United States for three years Navy Editor’s Note — The story of the supreme court — its origin its development and issues it has raised in the history of the United States— is told here in a series of six articles of which this is the fifth with the object of throwing light on questions raised in the' momentous political battle now being waged in Washington as a result of President Roosevelt’s program for court reorganizations J Japan will not propose March 2 CPI— Japan with a wary eye directed toward the United States turned Tues day to a study of the newest methods of chemical warfare and a stepped-u- p air program to strengthen her defenses In ths PaTOKYO ' L 3 Japan Eyes U S in Study of Pacific Defenses First Moves Dealt With Justices’ Office Terms Close Decisions and the Tribunal’s Power Over Acts of Congress ' MARCH WEDNESDAY MORNING - -- "There's something about them and the Tareyton You'll like" To-ya- da ducted on the basis of the Wash- ington and London naval treaties Though the United States is “bent on cbnstructing capital the ships” Toyada declared American auxiliary vessels are considered inferior while Great Britain Is building 70 such ves- doesn't stick to your lips HERBERT sels “Moreover Britain plans to spend a billion and a half pounds naval program but on a five-yethe contents of the program are unknown to us” he stated ' TMETifOM CIGARETTES Admiral Yonai Presents be held unconstitutional and void by the supreme court of the state without the concurrence of at least all but one of the judges”— or six out of seven In a suit attacking the validity of the workman’s compensation act five judges held it unconstitutional and two thought it constitutional The views of two judges under the rule prevailed — of the court outvoted fiiast time fioa tlac n Js fi zf X if3 There was no question In the earlier days regarding majority rule in the supreme court The views upon this matter of the two outstanding leaders of the two major political parties were identical: “To give a minority a negative upon the majority which is always the case where more than a majority is requisite to a decision is in its tendency to subject the sense of the greater number to that of the lesser” — Alexander Hamilton “The first principle of republicanism is that the law of the majority is the fundamental law of every society of individuals of equal rights to consider the will of the society enounced by the majority of a' single vote as sacred as”if unanimous is the first of all lessons in importance yet last which is thoroughly learned” — Thomas Jeffer- s i ' 1 -- k-- - S) t ' y y i" - V- r l 1 il -- 'A w “ son - 'i ‘V rt w V ' SHAGGY SPUN LINEN— White Aqua Coral Blue Win bow Sixes 3) pearl buttons ' f Self-col- “ 3!- - 4Tl M- - its O '-- mm ‘£35© Y' r ' " Ho (i) at4 --r VIM VIGOR AND HIGH FASHION ’ - sno3' tices Seek Control With the hope of getting control of the court in a lawful way the Jeffersonians abandoned their plans of changing' the court’s structure “ and the tenure of office for the jusBut Jefferson was destined tices to disappointment in bis desire to control the court the chief justice John Marshall was too cleyer for him: i At the time the justices all lived mnder the same roof and the cultured intelligence of Mar- shall proved more potent than the politics of the president Jefferson’s Justices wouldn't stay hitched jBoth Justice Livingston and Justice Johnson Jefferson's own went against their sponsor In opposing the embargo tact prohibiting the selling of— food to European nations at war an act as unpopular as the Volstead law a cenFour years tury or more later later when President Madison re' vived the embargo act Joseph Story ladison’s appointee to the supreme bench-rul- ed vigorously against it President after president has learned to his dismay that justices once oh thesuprems bench feel little or no obligation toward the men who named them Slavery Problem As the slavery problem began to attract greater attention the agita- Jimit-ththe -t- ion-to jurisdiction-o- f supreme court increased During 0 nearly all of the decade the proposals to alter the supreme court that are being presented today were discussed in congress and ' out of it Jefferson advocated jimiting" the tenure of the justices to six years without reappointment except by agreement of both houses : of congress Inl821 Richard M Johnson of Kentucky offered a reso- lution in the senate to give that body appellate jurisdictionJn cases calling for constitutional interpre- -' tation -- In 1822 and 1823 Representative Stevenson of Virginia sought to deprive the court of the right of judicial review of acts of congress and in 1824 Senator Johnson pro- posed a bill requiring the eoncurrehce of five” out Vf sevenjustlces In constitutional cases— a proposal that was favorably reported from the committee on judiciary by Senator Martin Van Buren Proposals for the concurrence of more than a majority of the su- preme court to hold an act of unconstitutional — have appeared In congress every now and then since 1824 More than nine times from 1823 to 1868 proposals were made concurrence of ' more than requiring a majority of the court to hold a state statute unconstitu--tiona' SPn4 AS SEE1V AT AMERICA'S DESERT PIAYI AAIL PALM SPRINGS CALIFORNIA : PRINTED HA N LINEN— At Palm Springs the oasis the California ddsert the style creators of Hollywood society and the fashion world gather to Win0! Mdion9tlConn j 32 to 40 A No 1019 Isobel '' SHAGGY SPUN LINEN White Blue Coral Brown Maizo Navy Convertible neck Sizes y vertibi collar Sizes 32 to 38 v -- - play THE SPRING STYLES ARE HERET-THREE OF THEM PICTURED T ! t I — Here-i- n theland and stage coach American travel style has of rodeos U' ! N" come into its own And we now bffer you the first collection of true American Styles e 1820-183- con-gre- ss bg& I PRINTED BELGIUM LINEN — Natural backoiound Brows Nary Grey Aqua prints AkoI be PAMELA smart of black Gabardine with Patent Conti- O 19 nental heel ap rc 4 your footwear : j “must- - suggest movement " and grace In the new Shoes this “Vitality” characteristic is supreme “W alk —with- - Vitality” I r Sizes 32 to 38 i8onEL7vrtati(jrei:Sttp--'- r' In Pump queenIy in anede with Boule- - g Ti? — v x fq A I fI we- - MAIL ORDER glorified Strap i pattern in black or brown - j OIO vard heel LOLA av Sw’ Gabardine with -Patent trimr J V — ' The Paris Co fi Salt Lake CityrUtah Iw -tRINTED HANDKERCHIEF LINEN —Floral dotiqn oa Rod L Gtood Sixo32lo40 Naty Aqua Club coQar Close Decisions CHARGE NAME — — — ADDRESS---'-- — COD CITY Nothing the supreme -- cburJias done In the last two decades has Occasioned more discussion than its — STATE Or telephono Wasatch 7100 ’t - " 1 -- J O |