JUDICIARY: The Big Debate

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Political Anomaly. Franklin Roosevelt last week intimated to the press that he was surprised that the opposition to his proposal had not been more violent. If it had been, he might have been happier; a good resounding denunciation from the Liberty League would have been a great help to him. But he still had the situation apparently well under control. It was conceded that his leaders could whip his bill through the House. The Senate was divided into approximately equal thirds: one-third opposed to the bill (half of them Republicans), one-third in favor of the bill, one-third still on the fence. The Democrats who had declared themselves divided about 2-to-1 in favor of his plan. If by putting on pressure he could get the gentlemen on the fence (most of them Democrats) to split in the same proportion, victory in the Senate was certain.

But there was a weakness in the President's position. The open opponents of his bill were strong if not in numbers at least in conviction, in experience and ability. The opposition included all 16 Republicans in the Senate, from Youngster Henry Cabot Lodge Jr. (chosen to read Washington's Farewell Address* to the Senate on Feb. 22) to Oldster Borah, and they included such veterans as Hiram Johnson, Arthur Vandenberg and Gerald Nye. The Democrats aligned solidly with these included such gentlemen as Glass & Byrd of Virginia, Connally of Texas, Bailey of North Carolina, Wheeler of Montana, Clark of Missouri, Burke of Nebraska, George of Georgia, Van Nuys of Indiana.

No such array of talent or of enthusiasm could the President muster on his side. The best he had were Hugo LaFayette Black, Alben Barkley, Sherman Minton, Henry Ashurst, Robert La Follette. From these the level of enthusiasm and ability fell rapidly away. His reliable wheel horses Robinson, Harrison, Byrnes and others were still true, but their attitude indicated that at heart they were no more than lukewarm. Not yet forgotten was the promise of the Democratic platform, made last summer, that if the aims of the New Deal could not be accomplished within the Constitution an amendment would be proposed. Not yet cold were hopes that passing a bill to permit Supreme Court justices to retire on full pay (a bill that has passed the House and is up in the Senate) would achieve the President's object without criticism. Chair-man Hatton W. Sumners of the House Judiciary Committee which sponsored this bill had no enthusiasm for the President's proposal. One committeeman, Representative Emanuel Celler of Brooklyn, growled last week as he left the White House that he was opposed "to packing the Court with six new members." If it was going to be packed he thought two new members were plenty.

Trump Cards for the President were Labor and Farmers who have two of the most powerful lobbies in Washington. Labor fears that the Supreme Court will invalidate the Wagner Labor Relations Law which is now before it, and hopes for still bigger & better favors if the Supreme Court is altered. Hence John L. Lewis, Sidney Hillman and Major George L. Berry all announced to the press that Labor's Non-Partisan League approved the President's plan 100%. William Green quickly approved for the A. F. of L.