Indianapolis Times, Volume 47, Number 277, Indianapolis, Marion County, 28 January 1936 — Page 10

PAGE 10

COURT USURPED POWER OF VETO, HISTORIAN SAYS John Marshall Began Cus- . tom Based on Inference, Says Prof. Beard. BY MAX STERN Tim* Special Writer WASHINGTON, Jan. 28—'There i* not a word in the Constitution whirh empowers the Supreme Court to invalidate acts of the legislature,’’ Dr. Charles A. Beard, the historian, told a group of senators and representatives in an informal gathering fit a club here. Dr. Beard, who favors a constitutional amendment clarifying what he says was the Founding Fathers' plain intent with regard to the place of the judiciary, said that if the Constitution were strictly interpreted ••the Supreme Court would be stripped of its power to declare acts of Congress void." The whole creed, he said, was read into the document "by logical inference" in Chief Justice Marshall's opinion in Marbury vs. Madison. The court enjoys its power over acts of Congress only by inference and broad interpretation,” said the historian. “If it applied to itself the strict rules applied to Congress it would go out of the business of demonstrating its capacity to govern. Dred Scott Decision Recalled “The Constitution was intended by its framers to be an instrument of broad public policy, not a chopping block for splitt.ng legal hairs, j As Hamilton sairi in iits paper on the bank, the gereral language of the Constitution can not be made Ihe subject of strict legal tests; questions arising under it are questions of general welfare, good conscience and expediency. As Adam Smith would say, only interested sophistication could hold otherwise." Dr. Beard recalled that once in 150 years of its history the United States had found it necessary to settle an issue by the sword. This was after the Supreme Court declared in effect, in the Dred Scott case, that the government could not abolish slavery in its own territories.” Public Opinion Is Defied "Since that time," he continued, ‘the Federal Judiciary has thrown itself athwart powerful currents of public opinion only three times. j "The first was during the Recon- ! struction days, and a Republican Congress disposed of the issues by stripping the courts of jurisdiction in the matter. "The second was when the Su- j picme Court declared the legal ten- i der arts unconstitutional. A Republican President. Grant, disposed j of that judicial intervention by ap- j pointing the two new judges of the ‘right kind.’ and by gently inducing the court to reverse itself. "The third was in 1895 when the Supreme Court, declared the income i tax law' r.f 1894 invalid. A few' years later a Republican Congress passed, and the states ratified, a constitutional amendment restoring to the government a power it had once enjoyed before the court struck it down. Outcome Is in Doubt "We are in the presence of another judicial controversy. What will be the outcome? The answer is in Bruce Barton's phrase. Nobody knows.’ Any answer formulated will depend upon one's conception of the state of the Union. "Does a period of booming prosperity for industry and agriculture lie ahead, with employment for most of the idle millions now living at public expense? And will this booming prosperity go on forever—at least until our natural resources are exhausted and our best soil washed out to sea? If the answer is in the affirmative the present controversy is a storm in a teapot. If. on the other hand, we have reason for believing that the crisis is not j really over, we may expect a reversal of the recent judicial rulings by one or more of the historic methods. "Only on the theory that the country will never again have to face a crisis can we assume that a government, stripped of power to legislate in the general welfare will endure."

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EN ROUTE TO CHINA

If? Wk 4*. jjEl| 11

Though oriental to her long, polished fingernails. Hollywood's beautiful Chinese actress, Anna May Wong, above, has never been in China. But that w'on’t hold true for long, since Miss Wong is en route to the land of her ancestors, where she may appear in Chineseproduced plays. She was born in Los Angeles.

REQUEST TOWNSHIP TRUSTEES FOR GCUR Association Sends Letter to Governor. Officials of the Indiana County and Township Officials Association sain today they have asked Gov. McNutt to follow, the law and ap- ; point tw'o township trustees to the Governor's Commission on Unemployment Relief. A letter to the Governor from Charles M. Dawson, a Marion Coun- j ty trustee and secretary-treasurer of the county and township organization, points out that the 1535 act creating the commission provides for the appointment of township trustees. Necessity of a better understanding of the poor relief problem was mentioned in the letter as an urgent reason for township trustee representation on the commission. Earl Crawford, executive secretary to Gov. McNutt, said in the Governor's absence that the letter had not been received, as far as he knew'. "There is no comment, at least until I the letter is received,” Mr. Crawford said. REED TO DEFEND SOIL PLAN TO SENATE BODY Solicitor General Called to Give Opinion on Program’s Validity, j /’ if I iiited Pres* WASHINGTON, Jan. 28.—Solid- | tor General Stanley Reed was called j today to defend constitutionality of j the Administration's soil conserva- ‘ tion plan before the Senate Agri- ! culture Committee. The committee, refusing to re- \ port the Bankbead-Jones bill until convinced of its constitutionality, j summoned Mr. Reed to give his opinion as to the probable attitude of Federal Courts toward the program. Mr. Reed was called after Secre- j tary of Agriculture Henry Wallace i and AAA Administrator Chester C. ’ Davis had urged approval of the 1 measure, which they believe would j be found valid by the courts. HAMMOND LIONS BEGIN DRIVE FOR MEMBERS New Service Club Organized by 26 Men of City. Time* Special HAMMOND, Ind„ Jan- 28— Ray Rammage, president of a newly organized Lions Club here, announced today that the organization's 26 charter members are to begin a membership drive immediately. Other officers include Stephen B. Balkam. J. E. Hataway and A. O. Wooldridge, vice presidents; C. Ballard Harrison, secretary; Robert Wilhelm, treasurer; Tack Thompson. lion tamer; William Kirkeiner. tail twister; J. H. Baldwin. T. W. Kolle. William Woodward and Wasson Wilson, directors. EARL PETERS TO TALK Federal Housing Administrator to Address West Siders. R. Earl Peters. Indiana director of the Federal Housing Administration. is to address West Side property owners and business men tomorrow' night at a meeting in the Nineteenth Ward Democratic Club at 2306 W. Michigan-st. He is to outline advanges of obtaining government insured loans tor remodeling or purchasing homes, and for financing new appliances, m business houses.

Gone, but Not Forgotten

Automobiles reported to police as stolen belonc to: S. S. Rowe. T *OO Bellefon’a ine-st. Buir.fc sedan. V V. 31-920, Mlchiean. from in front of the Columbia Club.

back home again

Stolen automobiles recovered by police belong ’o: William H. Roberts Milk Cos,. International truck, found at 29th and Cliftons;s. A. J. Parsley. 2326 Kenwood-av. Chev- i rolM coach, found at Toledo and Ohio-sts. Ft. C Duke. 521 N. Dearborn-st. DeSoto sedan, found at lOth-st and Beville-av Studebaker sedan. 121-579. found in front of 2449 Bellefontaine-st.

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THE INDIANAPOLIS TIMES

JAN. 28, 1930