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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Feb. 7, 1937)
THE DAILY NEBRASKAN SEVEN Political Scientists, Barristers Split on Supreme Court Reform SUNDAY, FEBRUARY 7, 1937. LAWYERS CHARGE ROOSEVELT WILL 'PACK' TRIBUNAL Political Scientists Defend Measure, Say Proposal Necessitated hy Changing Conditions; Will Make Efficient Judiciary. Favorable reaction andStrong opposition were both ex pressed by law college and political science faculty members of the University when interviewed by a newspaperman on the subject of President Koosevelt's startling new program for federal courts reform. "A most unfortunate and dangerous proposition," said Dean H. H. Foster-of t he law college. ''Do not let anyone mis lead you as to the proposed act with reference to the Federal judiciary. 'While it contains some needed reforms, its real pur pose is to allow the federal executive to pack the Supreme Court m order to carry out t lie policies 01 ims aummismuiun Two changes of fundamental im portance in our governmental structure are involved, (1) the relation of the federal government to the states is to be changed by the enormous enhancement of fed eral powers, (2) the relation of the judicial department to the other departments of the federal govern ment is to be changed by making the judiciary subordinate to the political department of the govern ment. Direct Method Better. "The direct method of constitu tional amendment, a method that gives the people of the United States through the legislatures of their several states or through constitutional conventions called for that purpose a chance to pass upon such matters is a far better method for effectuating funda mental changes than the indirect method of whittling' away consti tutional provisions by court inter pretation or by political methods controlling the personnel of the court." If our government Is to con tinue to be a government of law and not of men's final interpreta tions of constitutional limitations it must continue to be left to a non-political body who will de termine such matters by abstract principles and not by political exigencies of the moment. The issues involved transcend party politics and also transcend all per sonalities involved. If such power is granted to Mr. Roosevelt, how ever well he might use it, the granting of such power will be a precedent fraught with grave danger." Nutting Questions Interference. Statement of Prof. C. B. Nut ting: "There is much to be said in favor of some of the president's program, but I am dubious about the desirability of interfering with the personnel of the supreme court in the manner suggested." Prof. Lawrence Void's state ment: "The president's suggested pro gram purports to be based on two theses, that judges of the federal ACTION RREE by fpraifit n is i Id I i 3.50 V to Without hindering figure freedom one whit these mere .whiffs of two-way stretch garments comfortablycontrol wayward bulges. The modern way to smooth, trim fig ure beauty. Girdles, Girdleieres, and pantie girdles, too. Size Small. Medium, Large Radge & Gaeazel Co. I Yti ""'-.:f-V-. K 'ourtesy Lincoln Journal. DAVID FELLMAN, "... infu sion of new blood into the judi ciary." courts are frequently too busy, and they are frequently too oia io give adequate and prompt atten tion to the matters brought before them. That judges are too busy with crowded dockets has often been true in the lower federal courts. In recent vears. however, the supreme court has kept well up with the worK Drougnt oerore it. That judges are too old does not sppm to have heretofore been regarded as a serious problem, as witness tne activity or sucn very old men as Holmes and Brandeis. Tribunal of Yes Men. "The president's remedy seems much worse than the problem he noints out: in that his remedy would amount to packing the su preme court, 'mat wouia give us not an impartial court but a tri bunal of vps men. If the court packing feature of the president's proposal were to De enminaieu, the rest of his proposal might prove very beneficial. I would like to see a provision limiting eligi bility to original appointment on the supreme court to the age dec ade between 40 and 50 years. By that process only relatively young men would receive appointment to the supreme court. By that proc ess each member could then give long and efficient service on the supreme court bench. By that process vacancies in the court would occur only at such rare in tervals that no incumbent admin istration would be likely to have any opportunity to pack the court in favor of its own policies. By that process, therefore, not only would the efficiency of the su preme court be increased, but its complete independence from out side pressure would be further safeguarded." Congressional Two-Thirds Vote. "I think the best remedy is to allow any decision of the supreme court to be reversed by a subse quent two-thirds vote of congress," said Prof. Lester B. Orfield, who recently returned from Washing ton D. C. where he served last year as a senior attorney for the social security board. "I am not so sure I like the idea of packing the court. In general the president's idea of speeding up the program of the courts seems commendable, and I also approve of the Idea of taking cases from the district courts to the supreme court, where they involve the con stitutionality of law. I also think the government should be informed when questions of this kind arise so that it can appear before the courts properly prepared. I also favor the suggestion to increase the number of federal trial judges, since the number of cases appear ing In these courts has shown un increase." Orfield Sees Even Fight. Professor Oifield thinks that while the president may win, the contest will be pretty evenly waged. He points out that this idea of packing the court is not new. President Grant once found it necessary to resort to such a method. Statement of Prof. L. D. Coff man: "The whole thing is a question of Whether the stated objectives an improvement in the federal procedure are the real objectives. I suppose every lawyer is more or less opposed to anything that even looks like a packing of the court to achieve the ends of the party in power. This is not the stated objective, and I would be opposed to the packing of the su preme court for any such reason." Against Separation of Power. Prof. J. A. Doyle: "The whole system of government is based upon the separation of power, and while packing the court may be constitutional, I dislike to see it." Professor Doyle, before joining the law faculty at Nebraska, was in the United States circuit court un der Judge Woodrough. He feels that there was little congestion of cases in this court and there fore does not understand why the government thinks it is necessary to increase the personnel in the federal courts. What delay did re sult, he said, was due mainly to the counsel themselves. Fellman Lauds Proposal. Prof. David Fellman: "There is apparently little ques tion as to the wisdom of the pro cedurel changes which President Roosevelt has proposed to con gress. In fact, they are long over due. They will promote the effi ciency of the federal judiciary, and they will give the law officers of the administration a fair chance to defend national legislation in the courts. The real debate, of course, will center about the pro posal dealing with the member ship of the supreme court. And it is not clear to me, at this early date, that it is designed to enable the president to back the court. His proposal is open to the interp retation that it will make possible, in the future, a more steady infu sion of new blood into the judi ciary. In any event I am in sym pathy with any plan of reorgan ization which will tend to give us judges who understand and are prepared to accept the ideals and aspirations of a progressive Amer ica seeking to further the ends of social justice. It may not be amiss to suggest that we still have a democracy." Liberal Interpretation. Prof. Harold Stoke: "The adap tation of the constitution to the changed economic and social con ditions can now be made only thru interpretation. The nation has be come so diverse in its sectional differences, so complex in its eco nomic structure, with so many lines of cleavage running thru the entire population, that amend ments which involve other than technical changes( much as the Lame Duck amendment) are not likely to be ratified. The difficulty of securing the ratification of the -ft - Courtesy Lincoln Journal. H. H. FOSTER, ". . . whittlifl away constitutional provisions." The Co-eds at N. U subtly suggest to their boy friends that they would look much bet ter in an EVANS laun dered shirt, then they proceed to show them where they can get Shir is Finished for 10c Expert Launderers When sent in Bachelor Rough Dry B6961 Responsible Cleaners child labor amendment demo strates this fact. Hence, like it o not, some system, the president'll proposal or some other, of obtain ing continually more liberal inter" prctation of the constitution ap pears to me to be inevitable." More Efficient Judiciary. Prof. Lane Lancaster: "The is sues raised by proposals of the president are far too complex to be disposed of in any brief statement. It appears that little fault can ba found with the suggestions made for a more efficient administration of judicial business. Any enlarge ment o? the supreme court makes possible, or course, a measure 01 what is called nolitical control. In a (rnvprnmpnt based UDon the theory of popular sovereignty the issue involved nere is one wnicn is never far beneath the surface of affairs. It is probably destined to be resolved in favor of the ma jor force in the state. The sole question is whether now is the ap pointed time to resolve it." Hollister Intends to Make New Awgwan Cosmopoliton. (Continued from Page 1.) of much activity, whatever the source, whether drawn by the Hol lister call for reinforcements in the staff or by the lure of the green glass curtains. Crowds swarm in and out the door, much to the editorial satisfaction, al though he admits that it is too early to determine the nature and extent of their accomplishments while on the premises. A larger number of pictures and a brand new makeup will be ad ditional features of the publication under its new management. "Over $3,000 are spent every year in order that Nebraska stu dents may have a humor maga rine," the editor declared. "We in tend to see that they get their money's worth." Flood Disaster Eesults in Cry ing Need for Sacrifices On Part of Those Outside of the Desolate Area. (Continued from Page 1.) first two days of the drive brought results from three campus groups, but since that time the accumu lated sum of J67.15 has remained at a standstill. Organized campus groups total well past the fifty mark, yet thus far only three have signified their intention to cooper ate with the Nebraskan in its campaign for funds. The Nebras kan has made its plea for co operation in this drive and it is re newing its call for flood contribu tions today under the direction of Editor George Pipal. Latest statistics on the flood sit uation show a total of 932,109 per sons affected bv the disastrous deluge; 774,612 left homeless! U9 concentration camps in operation; 126 field hospitals endeavoring to care for the sick; and 1,300 nurses working night and day in an effort to curb disease and epidemics. Heltkotteri Mark. QUALITY MEATS AT LOW PRICES Makers of Fln Sausage and Barbecued Meats IflJUUULftAP aooBPHQPBQBBBQBBQ8ttBBPB BJJ.B.B a B CONVENIENT TO CAMPUS 333 NO. 12TH 3-3343 140 So. 11th