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Supreme Court — Part 13
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honorable George Cochran Dout April 23, 1g 0
1. Watkins. I don't think you can possibly read
Watkins without seeing that while the Chief Justice in his
opinion free-wheeled over the whole field and his dicta are
far reaching, the decision itself was narrowly placed on the
ground of delegation by Congress of its powers to the Judiciary
by 2 U.S.C. $192. Justice Frankfurter's concurrence made this
even clearer, What the Court would say if §192 is amended as
proposed nobody can possibly anticipate. But one thing 1s
clear - Congress is a coordinate legislative branch, and to
perform its funcvicns must have the power to investigate. Ii
had, and still has, the right, if 1t wants, to punish at tne
bar of the House for contempt without any deiegation to the
Judiciary, and that is recognized in the opinion. The congres-
sional power to legisiate in this fied depends on its investi-
“gatory power, Certainiy, vongress has @ right to see what the
limits are of the Supreme Court decisions, and tue best way to
do it is to amend tne delegation of power to the Judiciary and
see what nappens then. It has the right to know. It may have
to, and could of course, recapture the entire power over con-
tempt. The effort to take back &@ part of the power is at least
a@ rational approach, which should, I submit, be treated with
due respect by the administration.
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discussed in this - context. I hope some day, as I sugrested
to the Judiciary Committee, that a special court can be set
up to handie quicnly, in the interest of the 7,0vU0,000 employees,
employment questions. The iong delays between nearings or var-
jous district courts, Circuit Court of Appeals, Supreme Court,
etc. is, 1 think, unnecessary and very uniair and miiitates
against tne .oyalty program, but since the second section of
the Bill nas been dropped entirely vhere ‘is no use in discuss-
ing anything about it.
w f
3. Neison. I hope and believe that the Bridges Bill
will be supstituted for the Smith-McClellan approach contained
‘in the present Committee draft. If this is done, as I believe
it will be, surely 1t should greatly affect tne attitude of
your Department. The Bridges Bill is the same one,under a
aifferent number, that was reported by the Senate Judiciary
Committee favorably before - I thins unanimously - shortly
after the Nelson case, but never reached the floor. I have
been urging Senator Butler to seek such &@ substitution, It
would avoid substantially all objections to that section. I
pointed out as vigorously as I could in my article in the
January, 1950, A.B.A. Journal the errors in the Nelson case
and how it brought the Supreme Court in conflict with the
Legislative and Executive Departments of the Federal Government,
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