Indianapolis Times, Indianapolis, Marion County, 9 April 1937 — Page 30

. PAGE 30

TR RR

THE INDIANA

THE HOOSIER FORUM

GANNETT ADDRESSES LETTER TO VICE PRESIDENT By Frank E. Gannett, Chairman, National Confmittee to Uphold Constitutional Government An open letter to Vice President John N. Garner: I am addressing you as the presiding officer .of the United States Senate which today stands affronted and belittled by the statement of Mr. James A. Farley. Speaking in his home county in New York State. as reported in the press April 4, he said, “I want to say this about the Supreme Court fuss. We have let the Senate talk all it wants. Then the House will “talk and after they are all talked out, we will call the roll. We have plenty of votes to put over the - President’s program.” “We,” “we,” “we.” What does i amazing personal pronoun mean? Does it not clearly imply that Mr. Farley in some capacity is in control over the Senate and of the legislative branch of the United States Government? Mr. Farley cannot be speaking as Postmaster General for neither the Postmaster or any Cabinet member is charged by the Constitution with such duty as to call the roll of Congress.

Authority Is Questioned

If Mr. Farley was acting as spokesman for the White House, then by what authority’ does the White House “let” the Senate speak? Mr. Farley could not have spoken as Chairman of the Democratic National Committee for the President’s program which he says “we have the votes to put over’! was presented “without consulting a single party leader in either the Senate or the House.” The Democratic Party itself in its 1936 convention voted “to seek such clarifying amendments as might be necessary to enable the States and the Congress, ‘each within its proper jurisdiction,” to take appropriate action with respect to present-day problems.” It campaigned on this solemn pledge. It is therefore clear that Mr. Farley could not have spoken for the Democratic Party. The probable basis upon which Mr. Farley speaks was made clear by him March 9 in Nérth Carolina

(Times readers are invited to express their views [in these columns, religious controversies excluded. Make your | letter short, so all can have a chance. Letters must be signed, but names will be withheld on request.

thority of the legislative branch of the Government has been brought into existence. } On behalf of the [Committee to Uphold Constitutional Government, I plead through you, that the Senate may decisively repudiate Mr. Farley's | boastful statement implying executive control over the.deliberations of the Senate.

=n zn 2 SUPREME COURT HELD SUBORDINATE | BY J, E. Burton

We have a Government composed of two major divisions, the President and Congress, selected by the people. The third division, the Supreme Court, is mentioned in the Constitution, but is chosen by the first two divisions.

The Constitution provides that “the Supreme Court shall have appellate jurisdiction both as to law and fact with such exceptions and under such regulations as the Congress shall make.” Thus, Congress is all-powerful to make certain specific changes in the Court.

However, the Court assumed | power under Chief Justice Marshall and was not checked or re=balanced by Congress, the President or the people. Letting it go unchecked has produced a precedent of power that has grown with the years until now the Court assumes power above the Constitution. In the minds of the justices themselves there is uncertainty as to wherein lies their power to determine. The many reversals and divided decisions testify to this. Declaring unconstitutional legislation passed by Congress at the behest of the people is by itself degrading to the Court that was previously held in high “esteem. The return to Congress of this dictatorial power of the Court is vital to the preservation of constitutional law of the founding fathers. When Congress reasserts its

Probably it was as dispenser of patronage as one able to control party machinery through influence over the distribution of relief funds that Mr. Farley spoke. Through this party machinery he can impede, if not block, the renomination of members of the Congress who refuse to do his or the President's bidding. } Is this the lash that is relied on 80 confidently to bring the votes of the Congress in line? If so, is not this the hour when members of Congress should pause to consider how Mr. Farley acquired these powers? Did they not come to him | when Congress itself voted more | billions into the hands of the executive on the plea of emergency and for relief purposes than ever | have been entrusted to any one in- | dividual? Was it not the understanding of Congress and of the country that these tremendous sums should be used as a solemn trust with a single object of aiding the needy and overcoming the depression? It was for these purposes that they were solicited and for these only the country understood Congress had voted them. If now the executive branch of the Government abuses its high trust and uses the distribution of these funds to reward or visit reprisal upon members of Congress or the States and the districts from which they come, a most dangerous tool that can undermine the independence and au-

B-Burner AMERICAN

powers given to it by the Constitution and the people we shall have constitutional laws. Why should not this be done? Congress, according to history, has from time to time asserted its power, increasing or decreasing the number of justices. The income tax, which was constitutional for more than 30 years, became unconstitutional withous changing the Constitution. The Constitution had not changed, but the opinion of the Court had in one instance, and the personnel in another, 71s > The creator is supreme, the thing created is subsidiary, The courts are created by Congress and we, the people, elect Congress and we watch Congress for results.

COURT COMPARED TO PROHIBITION By L. L. Patton, Crawfordsville We Americans are the most meek- | ly law-abiding race on earth. We have submitted to the Teapot Dome and Insull scandals and all sorts of injustices in law with hardly a peep of complaint. No other nation can match the American record for respect of law—good or bad law. Then why, among the meekly lawabiding citizens, the present *epidemic of unlawful sit-down strikes, unlawful resistance of farm mortgage foreclosures and unlawful seizure of mines by West Virginia miners? The present outbreak of lawlessness seems to me to be of the same nature of that we experienced during the prohibition era. People refused to respect the Prohibition Amendment because they knew the majority of the public was against it. In the same manner, people today are refusing to respect decisions of the Supreme Court because they know the majority of Americans oppose them. It is time we recognize = that Americans will respect neither the law nor’ the Court that does not have the approval of the majority. The Court is dying as prohibition died. The only way to save it is to reform it so it will work.

& n 2

READER WANTS BOOTS ON EDITORIAL PAGE By R. P. Cunningham, Darlington

I am in sweet accord with C. V. C.’s recent Hoosier Forum letter, in which he offers some real criticism of the makeup of The Times editorial page, and the horse-and-buggy philosophy of Mark Sullivan which appears three times a week on the front page of the editorial section. But if he will look into Gen. Hugh Johnson's record, C. V. C. will find that the General is not above pulling a fast one occasionally. Paul M. Ward of The Nation is the man to go to for the lowdown on Hugh. But it is not about Barney Baruch's boy I wanted to write. : I am coming forward, herewith, bearing a suggestion that will enable The Times to get rid of those meaningless, space-consuming cartoons and kill Sullivan as a columnist but save him for something more suited to his capacity. Here it is: Put Boots and Her Buddies where the cartoons now stand and make Sullivan one of the buddies. ” on ” CLAIMS DICTATORSHIP NOT NEW IN U. S. By S. B. Hetrick, Elwood We hear a great deal about dictatorship, as though we haven't had such a thing in America. In an economic sense we have lived under a dictatorship of private monopoly as long as I can remember. This rule controls all the buying and

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| Broun’s reason.

power. These, in turn, dictate what I shall eat, wear and what kind of a home I shall live in. In the past this dictatorship has been invisible, but every day it comes more into the open. There was a depression in which these interests shut down factories, mills and mines and crippled agriculture beyond repair. They shut off the flow of the medium of exchange and tucked away billions of dollars credit, regardless of the consequences. We should not forget this, else we will contribute to a dictatorship even more severe than the past one. Which do we want, rule by the con- | suming and producing class or by | the other class? Let us choose this day which we shall serve. : . #, " o ATTACKS BROUN’S STAND ON COURT ISSUE : By Amos Schmidt, Lafayette

“There’s a lot of pretty rotten judges, in my opinion.” I sat at a table the other night with the man who gave this as a reason for changing the Supreme Court.

It appears not a very good reason, as we also have seen a lot of pretty rotten legislators, and Presidents.

Yet, it is fully equal to Heywood

Heywood Broun objects to the judicial determination that the Constitution does not change with the ebb and flow of economic events and “the benefits of any constitution, if its provisions are bent to meet -the needs of circumstances, are lost.”—It wouldn't be a constitution. 2 He assumes a hypothetical case, in effect: If half our population is starving, one old man could prevent the Government lifting a finger to save it lest such action interfere with property rights, states’ rights or corporation rights. Yet, there is a general welfare clause in the Constitution, and he might be challenged to state one Court decision. that had denied emergency power to the Federal Government, In another judicial decision he finds fault with the language, “extraneous circumstances” not compelling employers to provide wages sufficient for “subsistence, health and morals,” such being the duty of society as a whole. Society as a whole, of course, means the Government, poorhouses and charitable provisions. These things are up to localities and states. These failing, they are up to the Federal Govern- | ment. In this case, the judge did | exactly what Broun says they never do. s |

emption and married persons

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perience in business and knows just what employers can do, and would be forced to do if he were a judge. His affairs have evidently been so profitable and monopolistic that he has not yet figured who is to pay, and how, for all these advances. Who is to judge what “subsistence, health and morals” means? Labor racketeers and political heels, probably He furnishes but one more bit of evidence of the utterly shallow and contemptible sophistry that characterizes this whole tirade against the Supreme Court without one jot of constructive thought. When business or employers are denied the right to run their own affairs, communism steps in. This might be better, but the Brouns straddle everything.

#8 DISAGREES WITH EDITORIAL

ON FEDERAL TAXES By John L. Niblack 1 disagree with The Times editorial of April 6, entitled “Who Shall Pay—And How?” referring to Pederal taxes. A better title for an editorial on Federal spending would be “Who Shall Pay—And How!” But that is off the subject. I can’t agree that the hidden taxes should be repealed and instead, direct income taxes raised by cutting single persons to $500 exto $1000. You say this would make people tax-conscious and cause public spending to drop overnight.

There’s the evil in The Times’ plan. Have you no thought for New Deal ideals, or the idealists who compos them?

Cutting the Federal income most

certainly would cut down New Deal spending and thus destroy many

Additional letters from readers, Page 16.

of the things we strive for in the New Deal. Where would you begin? What would you cut off? . Certainly you wouldn't cut off the Florida canal, as that is needed to keep the Florida idealists in line. Suppose the President wanted some new law passed and could not call in the Kentucky Senators and tell them he’d give 100 million dollars for flood relief for two votes, but nothing if they voted against the measure. Where would "we be then? : You certainly wouldn't cut Federal spending or jobholding in Missouri. Think of the idealists in the political machine of Boss Pendergast who would have to go to work instead of stuffing the ballot boxes

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FRIDAY, APRIL 9, 1937 for the New Deal candidates. Think : FOR of the Kelly-Nash machine in Chicago, the Hague machine in New STU FFY HM k AD Jersey and Tammany in New York. And do not overlook the evil re- A few drops up each sults of cutting Federal spending in nostril reduces Indianapolis. You would take bread swallen membranes, right out of the mouths of children clears away clog= ging mucus, brings welcome relief,

and votes out of the ballot boxes merely to help taxpayers. We can't eat the Constitution, you know. Anyway, why bother about tagpayers? The taxpayers lost the

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