Indianapolis Times, Indianapolis, Marion County, 22 July 1937 — Page 5
THURSDAY, JULY 22, 1937
THE INDIANAPOLIS TIMES
Reform Bill Unnecessary
As Legislative Check on Court, Sumner Declares
House Judiciary Head Cites Controlling Measures Already Passed, and Claims Other Judges Will
Retire ‘as Soon as
Lash Is Removed.’
Presented herewith is a second and €eration; but to be done with a sur-
concluding series of excerpts from a dramatic speech made in the House of Representatives at Washington last week by Rep. Hatton W. Sumners of Texas. Rep. Sumners, chairman of the House Judiciary Committee, stated why he believes the Supreme Court reorganlization bill should be kept out of the House. In the first part of his speech, Mr. Sumners asserted that bitter controversy over the bill threatens to divide the Nation at a time when division endangers the very existence of democracy in the United States.
By HATTON W. SUMNERS House Judiciary Committee Chairman Looking at the condition of this country and the job ahead of us, we then ask ourselves: Is it good, vld-fashioned horse sense to split us from top to bottom when the Supreme Court is definitely moving out of the field where governmental policy is fixed; and when already, under the laws you have passed at this session, a vacancy (on the Court) has resulted and it only awaits nomination by the President and confirmation by the Senate to fill that vacancy and to start the infiow of new blood into the Supreme Court? Now let us see about this Supreme Court thing. This House appreciated the fact that there was not a normal intake of new blood in that Court. You located an obstruction which blocked up the intake. We found that in the act of 1919, which gave to all other Federal judges the right to retire after 70 years of age with 10 years’ service, and to take light work retaining their judicial status with this constitutional arrangement, we had denied these Supreme Court judges by specific designation this right to retire. Retirement Difficult
What does that mean? We have to be fair about this. It means that we said to them (the Supreme Court judges): “Stay on the job right where you are. You cannot have any lighter work. If you leave that bench, you have to check out and cease to be a judge.” The first invitation, the first intimation given to these Supreme Court justices that it would be agreeable for them to retire as other judges had been privileged to do since 1919, was given by the act passed at this session of Congress. It was your bill; you passed it. The Senate passed it. The President signed it. And notwithstanding the difficulties that were brought about by the great disturbance, one of these judges quit the bench under the provisions of that law. This justice was one who, as frequently as any other, perhaps, had decided against what is designated as New Deal legislation. His retirement makes it possible to change the relationship as much as adding two new judges would.
Claims ‘Meat Ax’ Tactics
There was no controversy, no noise. Nething was done that might imperil the confidence of the people in that Court as an institution. It was our duty to make it easier for new blood to flow into that Court, a sort of surgical op-
I wish the President had given this bill, which he indorsed, a | chance betore that other proposition was turned loose. I cannot |help but believe he was imposed on by somebody who did not want results to come by that route. If I may | say with apology and deep respect, (I believe he is being imposed on now. I wish he would, if he can | find the time, give this thing a thinking through. I want to be | helpful to him. That is not all; this House has | exercised in a quiet, respectful way lits pressure ypon that Court to try to get it moving out of the field where governmental policy is fixed. We did not agree with the decision
3 instrument, not a meat ax.
Municipal Bankruptcy Act. We brought in here, as your servants, another bill recently through which we hope to present again that issue to the Supreme Court; in other words, we are asking for a new hearing before that Court on that issue. Reviews Bills Passed
That is not all this House has done this session. The House agreed that the Acts of Congress were being too easily set aside on constitutional grounds. You passed a bill giving the Government of the United States the right in private litigation, when the question of constitutionality of an act of Congress arises, to send its chief law officer into the courts to de= fend that constitutionality of that act of Congress. You also passed a bill this session making it easier to get rid of crooked judges. These are three things that the House has done at this session to straighten out this situation. I want to ask the people of this nation, I want to appeal to the re= sponsible officers of the nation, to consider what is happening under your program in the House, and what is happening during the effort to put the other program through; and, too, if it would not
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of the Supreme Court on the
They All Were
Happier Then [SENATE LEADER
PAGE §
over the question of economy and sponsored an amendment to the relief bill to force local communities to bear a greater share of the relief burden, it was Mr. Barkley
Kentucky bar and obtained a job in| majority leader, the latter was the office of Judge W. S. Bishop at gyuthorized to designate a colleague { Paducah. Judge Bishop was the as acting leader. Mr. Barkley was
legendary prototype of the famous short-story character “Judge Priest” | his choice, and thus when Mr. Rob-
Io -
Times-Acme Photo.
Pictured in a happier moment for all three of them,‘ President Franklin D. Roosevelt (left), Governor Herbert F. Ixhman (center) and
Senator Wagner (D. N. Y.) are shown as
they responded to the
cheers of the crowd of the Democratic rally in Madison Square Garden,
New York, last October, at the last
bid for re-election. Governor Leh-
man wrote Senator Wagner a strong letter July 8th bidding the New .Deal Senator to oppose the President’s Court plan. It is reported that the New Dealers in favor of the plan are not pleased with the letter, and that the opponents of the plan hailed the letter as a death blow
toward the passing of the bill.
be better under all the circumstances to cease attempting to press through what I believe is an unnecessary piece of legislation, considering what we may reasonably expect to happen when we stop shouting at each other, and things quiet down among a people who proceed with mutual respect toward each other.
Believes Judges Will Retire
This is not an unreasonable suggestion. This is not the last session of Congress. If this were the last time we can have a Congress, there might be some reason in the minds of some gentlemen for risking the solidarity of this nation by continuing to try to put through this last bill now, This is a thing that people have very deep convictions about. It is not a matter of good people on one side and bad people on the other.
| many honest, patriotic people, | reaches to the foundation of our
| governmental structure.
As soon as we take the lash from { above the heaas of the judges over there, some more of them will retire. I mean that as a fact. Everybody knows it is a fact. What is the excuse, then, for this bill being pressed any further at this time? Can we pretend to be unmindful of tne hurt? To save my life, I cannot figure it out. There may be some reason, but I cannot figure it out.
Mr. Speaker, if these advisers who are counseling the President
MADE OWN WAY
Barkley, Born in Log Cabin, Earned Money for His Education.
By United Press WASHINGTON, July 22.— Senator Barkley, twice selected by them in the United States Senate and facing a re-election fight next year, rose to prominence through the “rough and tumble” school of politics. Mr. Barkley was born in a log cabin in Graves County, Ky., in November, 1877, and acquired a public school education between hours of working in Kentucky fields. Ambitious, he continued his education by working his way through Marvin College at Clinton, Ky. He attended law school at Emory University, Ga. and the University of Virginia. In 1001 he was admitted to the
to force that bill into this House under pressure which they may be able to command, when we are trying to preserve strength and unity required to do the nation’s work— if they force that bill into the House for the sake of saving Lheir faces or their hides, they ought not to have hide enough left to be worth bothering about.
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created by another Paducahite, Irvin 8. Cobb. Two years later Mr. Barkley married Miss Dorothy Brower of Paducah. They have three children. Mr. Barkley went into politics in 1905. He campaigned with the aia of a stolid mule over farmlands near Paducah and was elected county prosecutor. Four years later he changed his mode of transportation to horseback and was elected county judge. When he successfully ran for the House of Representatives in 1912 he used a horse and buggy.
He gained most prominence in the House through his championing of the prohibition cause. He won a Senate seat in 1926 where he was classified as an orthodox Democrat with liberal leanings. A prolific speaker, Mr. Barkley often rises at his desk on the leftcenter aisle of the Senate chamber to his full six feet and lets fly with caustic reference to Administration opponents. Mr. Barkley gained a reputation as one of the few members of the Senate who would trade punch-for-punch in verbal bouts with the late Huey P. Long. He neither smokes nor drinks and lives quietly when in Washington. When the Democrats assumed control of the Senate in 1933 and
inson died Mr, Barkley was recog- | nized as acting leader, When Mr. Robinson broke slightly | ing Mr. Robinson's proposal by a with the Administration this spring ' large vote.
who assumed command of Admine istration forces. They won, defeate
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