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Show THE RICH COUNTY REAPER. RANDOLPH. UTAH NOT IN THE BOX SCORE: 17 ARLY baseball odds make the Browns, Phillies and As 200 to SUPREME COURT CHANGED 7 TIMES L But President Roosevelts Proposed Increase to Fifteen Justices Would Far Exceed Any Such Alteration in History. , WNU Service. New York Post. . Holdout Technique of Cards, Yankees Provides Contrast ZTHERE probably are other ways in which the business heads of baseballs two most efficient firms perform their daily chores. At this seacon, though, it is the manner in ' v Who will be the new members to join this group, should the t , - '0- Presidents plan carry through? Left to right, front row: Justices Brandeis, eighty; Van Deventer, seventy-eighHughes, seventy-fou- r; McReynolds, seventy-five, and Sutherland, seventy-fou- r. Back row: Roberts, sixty-onButler, seventy; Stone, sixty-fou- r, and Mentioned as possible additions to fill in the question marks have been New Dealers Rich-berCardozo, sixty-siWagner, Landis, Frankfurter, Rosenman and Corcoran. .7 t; e; x. g, - 5 By WILLIAM C. UTLEY President Roosevelt succeed in his proposal to SHOULD the number of justices on the bench of the United Supreme court, such changes would by no means be without precedent, except in their scope. The number of justices has been changed by act of congress no less than seven times during the 148 years of its existence, but never by more than three justices. There have been numerous instances of clashes between a President and the Supreme court. Originally the court was composed of six members, but during the time of the clash between Adams and Jefferson in 1801 the number was reduced to six. Under pressure of heavily loaded dockets as the young country was growing, the number was increased to seven in 1807 and 30 years later was increased again to nine. Further expansion resulted in the addition of still another justice, and in 1863 the Supreme court reached its peak often justices. ) In 1866 the number was reduced again to seven, .but in 1869 it went back to nine again; President Grant was at that time popularly accused of having packed the court to uphold legislation in which he was interested, but the. majority of historians absolve him from any such intention. Now comes President Roosevelt with his proposal to appoint to each federal court (including the Su--. preme court) a new judge for each f present one who, is over the ment age of seventy but has not tired. Apparently it is beyond the power of congress to require tices to retire at seventy, for the Constitution provides that they shall serve during good behavior. Appointments Permanent. There are ' now nine Supreme court justices, of whom six are past the retirement age; ,It follows then, that, at the present time, the mem's bership on the Supreme court bench ' could not be increased to more than 15 under the Presidents proposal. tNew judgeships on that and all other federal court benches would be permanent. - To the observer in Washington it seems immediately apparent that one of the Presidents purposes in securing the proposed legislation is ' to nullify possible adverse rulings on New Deal acts by older justices who have been in the habit of voting to declare New Deal legislation unconstitutional. Chief Justice Charles Evans has voted Hughes, seventy-fivsometimes to uphold, sometimes to nullify New Deal acts; he once ran as the Republican candidate for the Presidency. Louis Dembitz Brandeis, eighty, has voted to sustain all New Deal legislation except in the case of the NRA in which the vote was unanimously against. But Justices Willis Van Deventer, seventy-eight; James Clarke Mc- -. - five; George seventy Reynolds, and Pierce Sutherland, seventy-fivhave voted inButler, seventy-onvariably against the New Deal. Edicts Free of Politics. The New Deal has suffered defeat in 9 out of 11 major decisions of the court. In at least four cases a change of four votes could have reversed the decision. The present chief justice, Mr. ' ; . ; . e, e; e, . - . Hughes, once said of the court, at all times it has had the most severe critics. Tradition has it that all decisions are rendered without consideration of political partisanship, and indeed there are more than a few incidents to uphold the. tradition. Justices appointed ,, by President Jefferson helped to develop the nationalistic interpretation of the Constitution which he deplored; justices appointed by President Jackson differed with his opinion and wishes in important interpretation,' and his own .appointees held President Lincolns legal tender policy unconstitutional. Nothing is more striking in the history of the court,, wrote Warren, than the manner in which the hopes of those who expected a judge to follow the political views of the President who appointed him have been disappointed. Changes in membership of the court began early. In the election of 1800, the Federalists suffered an overwhelming defeat. The lame duck congress, between the time of Jeffersons election and his inauguration, to prevent the new President from filling a vacancy on the bench with 'one Of his orwn appointees, reduced the number of justices to five.. It also relieved Supreme court justices . from , circuit ' court duties, established six new circuits with sixteen new : judges and attaches, and filled all the vacancies with staunch Federalists. Adams appointments were confirmed by the senate the day before Jeffersons inauguration. The next congress, controlled by Jefferson, abolished two terms of court, repealed the judiciary, act of the Adams congress, abolished the new 'circuits and restored the. Supreme court to its original membership of six. Ironically enough, it was the Federalist - appointed Supreme court which, in 1803, upheld the constitutionality of Jeffersons repeal act. This was in the case of Marbury vs. Madison. The' former had been appointed to a judgeship of the peace in the District of Columbia by President Adams, but his commission had not been delivered to him at the time of Jeffersons inauguration. He sought a writ of mandamus to compel, the secretary of state to deliver his commission; The court ruled that the mandamus was the proper procedure, but that congress in delegating to the Supreme court the power to issue such a writ (by the judiciary act of 1789) had acted in excess of the powers granted to it under the Constitution. This was the first instance in which the court had acted upon the constitutionality of an act of congress, and established its right to do . so. ..The first time that any; complete act of congress., was actually declared unconstitutional was in the . . - ' : . ,r'. . . , Dred Scott case 50 years later. The court held only four federal statutes unconstitutional, during the first 80 years of its existence. By 1825, however, it had under Marshall strengthened the federal structure considerably. It had invalidated 10 laws made by the. states as unconstitutional. During Andrew Jacksons tenure of office the state of Georgia passed a law of division of some land in the state to which the Cherokee Indians held title; the Supreme court decided this was outside its jurisdiction The state then passed a law requiring all whites in the Cherokee territory to fake an oath of allegiance to the state. When two. mis- sionaries refused they were imprisoned.. The Supreme court issued a writ of error and declared that the statute was unconstitutional because, the federal government alone had jurisdiction over the Cherokees and . their, territory.: . - The country .was growing, and crowded court dockets made it advisable, on the last day of the Jack-so- n administration to increase the number of justices to nine (there were, then eight, one having been added in 1807). As the West began to expand another justice was added in 1863. a - During the reconstruction period in l866 President Johnson' was on trial on impeachment charges his leniency toward the South having angered party leaders. Congress passed 3 statute returning the number of justices to seven. Johnson vetoed it, but the reduction was carried over his veto. A bill requiring vote of the court to dea clare a law unconstitutional failed to pass in congress about that time; it had been drawn in the fear that the court would declare the recon: struction laws invalid. Grant Appoints Two. President Lincoln clashed . with Chief Justice Taney when, soon after Fort Sumter was attacked, John Merryman, a Confederate lieutenant, was arrested on charges of aiding the enemy. Taney gave him a habeas corpus' to get released from Fort McHenry, but the officer in charge, acting under the Presidents instructions, refused to obey the writ. Taney ordered the arrest of the officer, but the civilian who bore the writ was refused admission to the fort. Taney wrote an opinion declaring that a writ of habeas corpus could not be suspended. The number of justices was increased from seven to nine shortly after Ulysses S. Grant became President. The court, by a vote of 4 to 3, held unconstitutional the legal tender act which was passed during the Civil war; there were two vacancies on the bench at that time. The day the opinion was delivered by Chief Justice Chase, President Grant nominated two new members, and soon after the court ordered that the greenbacks case be . was There a great storm of inthe new justices when dignation joined with the three who had voted to uphold the act, and the legal tender act was declared constitutional. 0 Western Nawroaper Union . , two-thir- re-argu- ds which they, manipulate their holdouts that provides the most enlightening contrast. ; Branch Rickey of the Cards is a prime exponent of the lets raise hell before; we sign the papers schopl. - Even when not blessed with such a gifted debating opponent as Dizzy : Dean .he is a firm believer in the benefits' to be obtained from airing salary squabbles in press, news reels and any other available i public forums. Ed Barrow of the' Yankees long has been convinced that unbally-hooe-d negotiations provide the best results. Now and then as during the.. later, years, of Ruth Cousin Ed yields to the temptation of a fine fanfare of publicity during the weeks immediately preceding the signing of a contract. But the blath-- . er surrounding such yieldings only serves to convince him the more that regular methods, are the best. d But the fact that such notables as Ruth and Dean : usually are pretty close to a meeting of minds with the management before all parties start yelling in the papers probably is the reason why few business managers take the winter furor see riously. Several clubs are noto-rious for paying pitiful wages, but, in general, the average is high. So, because an Eddie Roush comes along very seldom, the magnates are happily fortified. Roush' never could have proved his point ' as easily as a Hubbell, who might give evidence that the added customers at one Sunday game are sufficient to pay his annual salary. Bat Eddie knew he was worth $100,000. , Once he. held out most of the summer before Cincinnati met his terms. ; At other times he may have remained away from spring training merely because the shifting sands of Texas and Florida did not agree .with his aging dogs. But all the. while he knew he was worth $100,000 and since the days of the lamented Chris vonder Ahe no has been willing to sacrifice U.sum merely to humor a stubborn whim So Eddie got his way. ' y adApart frqm .the vertisement and one or two other of similar nature this carryings-o- n winters show of holdouts seems considerably below the usual ballyhoo par. Most of the boys although as one who likes to see greedy and mismanaging owners clipped for extra dough now and then I make this statement sadly seem to have as little heart in their demands as Hank Leiber did twelve months ago. Public prints reported the big outfielder as threatening to coach baseball at Arizona university rather than sign the contract offered by the Giants. . In the midst of his most violent protestations he made one mistake, though. He kept writing to friends in New York asking how the Giants were reacting to his demands. This definitely revealed a chink in his armor. So, having heard the gossip which may or may not have reached Horace Stonehams eats, I was not surprised to see Hank walk Into a Pensacola hotel only a few days late. - high-salarie- big-tim- . club-own- er Dean-Ricke- Rocky Mountain basketball teams usually travel long distances in autos for their league games. Panhandle A & M. recently finished a auto trip and won a victory. Last winter the Utah auto trip Aggies left for a at 8 a. m. and didnt arrive until 9 p. m. because of snowdrifts, slides Then ; they and cold weather. climbed but of the cars, put on their uniforms and won by a big score to clinch the championship. 450-mi- le one-poi- nt 135-mi- le , 1, . . Helen Jacobs, Peggy Scriven, Dorothy Round, Jesse Owens ana most of the basketball stars bear out physicians claims that most good athletes have flat feet. Pedro Montanez, the Puerto Rican lightweight, wears bright red shoes while working out in the gym Women played basketball almost as early as men. In fact, they started one month after Dr. James Naismith invented the game in 1891. . . Mort Lindsay, captain of the Jack Dempsey team in the comchampionships, ing national ten-pi- n has participated in 27 of the A. B. C. tournaments. . The U. S. G. A., always whining about being mistreated in the papers, has a publicity department that is tops in nuisance value. Gents who persist in saying that Joe Louis needs extra tape and bandages for his oversize paws, should take a look at the Bomber some time. Actually he has very small mitts for a heavyweight. . . One reason for Minnesotas gridiron siiccess is that 9,000 candidates turned out for the universitys intercollegiate and intramural athletic teams during 1936. Of these 400 were candidates for the frosh football team and 233 for the varsity. . . Rev. Reginald Ferrier is president of the American Mouse Fanciers association, a new organization. . . Umpire Bill Dineen was surprised, and elated, to discover a big increase in his American league contract. . . Fourteen members of the 1936 Columbia varsity and junior varsity, crews will be available again this year. Hockey gossips say that the poor showing of the amateur Rovers is due to jealousy among the players. and The boys remember inter-tow- n feuds in their native Canada and so team play, is sacrificed in one of those every man for his own self scrambles. Ross Russell, Hershey wing, has not missed one of the more than 140 games played since he joined the Bars. . . Lncien Gagnon, the Hershey goalie and a protege of the famed Georges Vezina, stopped 99 out of 100 shots while helping the Quebec Bears win the Allan Cap in 1932. . . Lester Patrick, manager, of the Rangers, is one of the nations best story tellers. ' - . - inter-section- al Bill Terrys Son Wont Follow Dads Footsteps Bill Terry, manager of the Giants, has a son at the University, of Virginia, who doesnt participate in athletics.-- . . Fred Frick, son of the National league president, confines his DePauw university sporting attention to golf. Joe Falcaro, former match game bowling champion, has a sixteen-year-ol- d son whose footwork and other actions on the alleys are ringers for, those of his old man. . . Hungary, England, Bohemia, Germany and Norway provided Die ancestors for the members of Marquettes varsity basketball five. . . A1 Barabas, who scored Columbias Rose Bowl touchdown against Stanford, has given up the notion of being a lawyer. Instead he is selling accident insurance along with Ivan VanBree, former Colgate track captain. A new combine from the West has joined Jack Pfeifer in an effort to oust Jack Curly from local wrestlingi proving that some people never learn. . . Dr. Bier examined a fighter at Pompton Lakes the other day and asked him if he was suffering from amnesia. I never touch it, declared the pug. . v Gunboat Smith is head runner for a Wall Street house. . . Doctors keep telling Tony Canzoneri it will be a boy. . . Johnny Dundee never misses a local fight and thinks he can still beat most of the local scrappers. . . Aldo Spoldi is a regular Metropolitan Opera patron when not belting over lightweights. . . After delivering two knockouts in a row, Indian Quintana feels so much better that he will demand another chance at the bantamweight . . One reason why Promoter Bill Johnston is topping all the records at St. Nicholas Palace is a very good press agent. Members of the Kokomo high school basketball team became so indignant after losing five straight games that they demanded Coach A1 Campbell change his. methods. The coach merely told the boys not to come out to practice any more and awarded their uniforms to new candidates. . . Paul Mishler, Bloomington H. S. center, and Jim Butler, Decatur Central H. S. (both of Indiana), wear No. 00 on their basketball jerseys. But in spite of having plenty of nothing, theyre ' both high scorers. . . title-hold- er. |