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oer -) (Rey, 10-20-57) . Killing the Umpire 3 - t .‘s One approach to the Jenner-Butler fa which would modify some recent Belen upreme Court decisions, is to denounce we J ; it’as'a measure designed to “kill the um- Pare Rose pire.” This is not an approach which reflects much credit on the maturity of preme Court of jurisdiction to overrule a refusal by a State to permit an indi- . vidual to practice law in the State, This ig. a reaction to two questionable de- cisions last year, and in some small de- gree. it would curb the power jot the: court, It ts not an earth-shaking issue, Y Gandy iis Tamm ; those who adopt it. wok ot Trotter _ * i}. ., The bill would do four things. The Clayton first provision’ would deprive the Su- Tele. Room —_— Holloman for- ‘ahy person denied permission to ‘practice law would have an appeal to. thé courts of the State. The question is portance to justify Congress in exercis- ing its constitutional power to limit the — \court’s jupisdiction. We doubt that it is. <The second provision would modify the court’s controversial ruling in the Watkins case by stipulating, Jn effect, that a congressional investigating com- mittee, once the issue has been raised, shall be th the final judge as to whether a ‘question asked a witness is pertinent to the investigation. Some correction of. this sort, if it can be done within con- | stitutional limits, may well be necessary . to insure the effectiveness gt congres- . sional investigations. & If ds clear that the third and fourth 4 ‘provisions lie well within the authority of ress. One deals with a ruling that . Congress had intended to pre-empt the - | field in dealing with subversive activ-” | whether the issue is of sufficient im- ities. The other involves a judicial - interpretation of the intent of Congréss.——. in passing the Smith Act, under which ~~, several Communist leaders have been - ‘convicted. We do not see how there can - be any argument respecting the right. . of Congress to enact these provisiong, - For if the court has misinterpreted the intent of Congress, or if Congress falled to make its intention clear, it-can hardly be doubted that the nationgl legislature, if !t thinks it is wise to do so, can adopt ~ corrective or clarifying laws. And these ceftalily Will not kill the umpige.—~: + XS 5 MAY 29 1958 SS | } ee ee ’ - Se re ae ea NOP LTE 73° MAY &S 1958 a Swe meee Wash. Post and Times Herald Wash, News Wash. Star Ale N. Y. Herald __ Tribune N.Y. Journal- American N, ¥. Mirror — N. Y. Daily News N. Y. Times Daily Worker The Worker —._—____ New Leader —_——_-—-