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0-19 (Rev, 9-7-58) ae ‘Storm, Over Courts: a Recall FDR Days Das an Pe Pay ior SINCE the ‘early “days of ‘the New pa has such a storm broken around the Supreme Court Supreme Court Xs “is. civil liberties. civil HESTee aecislons) ' . The parallel is” stiri ing. While -the wine comes froma different direction, its force, - is ‘similar, to that which blew up in theearly 1030s as the Court threw out one New Dealt act after another. . What the” jew Dealers were saying then about. 9% the Court and specifical- *, _ly about Chief Justice. . Hughes and his conservative associates, Justices Van Devanter,. McRéynolds, Suth- erland, Butler and Roberts, is! just. what right-wing critics are saying today, about Chief Justice Warren and ‘the justicns making up the majority. It adds up in baseball language to, ‘Throw the umpire out.” .. . a The Court in the 19308 dia inot hesitate to invalidate one alphabetical agency after another when public opinion was most a} At aroused, as shown in sucressive elections, * over the need for Government interven- , Hon to rehabilitate the economy, a hd raging gver the ~ THE ANGRY outery grew in volume Un ell, follpwing his 1038 triumph, President. Roosevelt put forward the Court. packing plan, The proposal was defeated after a | - long and bitter fight thet split: ‘the Roose: * velt ranks. But the New Dealera contended , ; that It was the advancdment| af this plait Fwhich brought a shift in the Court, with 4 yNew Deal laws subsequently upheld. sz In the postwar era the Supreme Court 71h iva a long time ta come to -gripf with the Communist vérsus civ Hbertles isstie. | Opportunity | after opportunity “waa passed tas to decide the question Teised in the appeal of John T, Watkins, who for ‘Tessond et conscience refused to give names of for. { ener associates, wito nad io association with Sooke vagine the reaction ‘it, say, ‘at, the height ‘of { jthe Army-MeCarthy hearings the Court had! abanded down a Aeclslon ie that fn the SWetkey * By Marquis ‘chile? | | lefi“any. @ can ine, te ra ee | vituperative mail pouring in ‘on the jus F' One of the measures put forward by ex: 7 ‘treme tight-wing critics of:thé Court is to require the reconfirmation of justices everg - four yeats..., (What woud requiré 4 epnstitue tional amendment, xinge under’ the Constl- tutlon all Federal judges, from the District | courts Up oe the: shghest tfibgnal, hold office tor life, win aT: At hus press is guiteretice President Hisen- Jower was aives ad f opportunity, te defend the Court from if ks erftigs, a teporter agsert- Ing that this was tiie only one of the three toordinate branches of Governihent lack- ing tne capacity, for sellefense.,, , varie of. tao a hg ey BUT THE President ‘did not agree with, this assertion, ‘expressing his belief that in their opinions the justices argued for their viewpoints. and often. In language which even a layman could understand. He added ' that almost everyone might find something to.criticize if one or the other of the feck sions, * ! wy The ‘extreme eriliea are, ” tor ‘the most ° ‘part, those on the right” who hold that : Congress has “the Power to expose Com- munist activity without any restraint in the interest of thwarting and defeating the Communist couspiracy, , ‘Tt was the right to expose for. the. sake of exposure, apart from any legislative ‘objective, that Chief Justice Warren held contrary to the constitutional gugranteed “of freedom contained in the Bili of Rights, This is believed to be the source of the ’ tices, the mildest epithet in letters, most of which are anonymous, being’ “dirty Com- munist.” se \ boy Seer There are tore j Péaso able “actetes tinong ‘ — SS Se Seay Leeks, SD them lawyers of a generally liberal | out. look, who feel that the elvyll Hberties deck alons were too sweeping and too- -‘Peneral. | zed. They are- fearful of preachments which go beyond points of tay. ent. bes evo VI 6S The Court decisions were: boumd to atart le tempest. But coming in én‘ atmosphere, | calmer than that of three or four years ago, ides. tempest x00n likely to 30RD eae oe Trotter Nease Tele. Room Holloman Gandy “~~. “* a pa Ne ey OY REGORGEL 28 26 Su S 1957 ¥ Wash. Post and Azle Times Herald Wash, News. Wash. Star N. Y. Herald Tribune N, ¥. Journals American N.Y. Mirror N.Y. Daily News —__ N.Y. Times Daily Worker The Worker New Leader 2) 3 Th md wet ‘ah c “a 7 7 é f Hitt - ee