Indianapolis Times, Volume 47, Number 310, Indianapolis, Marion County, 6 March 1936 — Page 16

PAGE 16

MINTON FAVORS SUPREME COURT CURR IN SPEECH 7*to-2 Vote Would Be Required to Declare Act Unconstitutional. Timr, special WASHINGTON. March 6—Senator Sherman Minton urged anew plan for curbing the power of the Supreme Court in declaring laws unconstitutional in addressing the Federal Bar Association dinner here. Under the plan, the litigant would be required to convince at least seven of the nine .judges that a law In unconstitutional before it could be so declared. This, he pointed out, would abolish the highly controversial 5-to-4 decisions, compromise on the plan to require such decisions to be unanimous, and not aim a. direct blow at the court by congress. Prescribing such a rule is well within the congressional power, which has conferred appellate jurisdiction upon the high court through establishment of the lower Federal courts, the .junior Serator from Indiana contended. Appeal Is a Privilege “We all know that appeal is not a matter of right, but a 'privilege granted by the sovereign power,” Senator Minton said. “Therefore, when a litigant is granted this privilege of review by the Supreme Court of the United States, it is under such exceptions and regulations as Congress shall make. “Congress can and should provide that when a litigant challenges an act of Congress on constitutional grounds in the United States Supreme Court, the act of Congress shall determine his rights unless he Is able to convince at least seven judges of the Supreme Court that the act conflicts with the Constitution ana therefore is invalid. “Thus the burden is upon the appellant to establish his right under the Constitution, not by a mere majority, but by seven out of nine justices, and thus approach more nearly the rule of the court that unconstitutionality must be established beyond reasonable or rational doubt.” Five Judges Can Stop Congress Under the present procedure of the court, five judges, under a theory of “majority rule,” can checkmate the entire Congress and President of the United States without recourse short of b constitutional amendment.” Senator Minton asserted. President William L. Ransom of the American Bar Association and Rep. Robert Ramspeck <D.. Ga.) also were guest speakers at the dinner. The Federal Bar Association is composed of lawyers within the Federal government here. Justin Miller, special assistant, to the Attorney General is president and Kenneth H. Bruner, a former Hoosier, secretary. BARBERS ASK PROBE OF ALLEGED SHORTAGE S4OO Reported Gone From Accounts of State Board. The Barbers’ Protective Association of Indiana today asked Prosecutor Herbert M. Spencer to investigate an alleged shortage of more than S4OO in the accounts of the State Barbers' Board. The funds “are public funds created by payments made by licensed barbers throughout the state,” the association said in a resolution adopted Wednesday night. The Stale Accounts Board recently disclosed the alleged shortage, on which some restriction has been made. The resolution was signed by Michael Roach, president, and Nina E. Schmidt, secretary of the association. UNRUH TO SPEAK AT COMMUNITY MEETING International Relations Director to Ta'k Sunday in Cluhrooms. Citizens Fraternity. North Side community organization, is to present E. J. Unruh, Midwest Council of international Relations director, in a lecture Sunday night in the clubrooms, 40th-st and Capitol-av. Mr. Unruh is to talk on "Our Economic international Relations.” It is to be the first of a series of Sunday night lectures and concerts to be sponsored by the organization. Rabbi Elias Charry is to speak April 5. A concert is scheduled for March 22.

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THE INDIANAPOLIS TIMES

MARCH fi. 1938