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Supreme Court — Part 27
Page 12
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|
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“e
It fs a most extraordinary state of
affairs when the chief justices of the
state supreme courta make a formal
and dialled protest against actions of
ul
' the “Supreme _ Coury.
Stafesr
What the state chief justices sald |
probably was less news in the South
than elsewhere, for the South has been
_hearing the same kind of attack four
ytare. Kiss major tvent from éoast
, to coast when these veterans of the
‘bench examine the nation’s highest
‘court and find it faulty, = =
. “Recent decisiong raise considerable
i doubt as to the validity of the Amert-
; tan boast that we have a government
| of lawa and not of men,” the highest
s judicial officers of the states said.
‘ The court in Washington has been
, usurping constitutional rights of the
“states and during the last 25 years
has rapidly extended’ pewers of the
central] government, the atate Juatie
erted. 7”
We consider it significant that thes
pages of objections, from justice
| ho know proper procedure in appeals |
at the upper level of the judicial sys-
tem better than anyone else, should
come after debate in which the decision
! on racial integration in public schools
' was discuaned. >
an Bw we odt i WF
Defenders of the DaUOnAL Supreme =
H
of the United
|
Court asserted, in effect, that the at-
tack was essentially a protest against
the schoo! decision, with all the general
words about principles thrown in as '
wrappings for the package. _
This attitude was overwhelmingly
defeated in the final vote, The result
is outright objection to Supreme Court
methods in acting as a policy maker
for the Government, _.
This is, of course, the heart of the
difficulty in the achool decision. Our
plan of Government calls for Congress |
to make policy and any attempt to get’
Congress to take over school attend
undertook to smaké a change inf:
vs
ome ey eee wg tng tee sw ged eh
‘ Toe "
a tle
ee ge OREM ce led cl oneal BBs
oe Loe ;
a ee ee ee ee
| Supreme Court Policy :
We now have a national, rath
an a regional, question of poll
aking under our Constitution. .
a oe ae Bi aati ie Te ae t aak ais VAD, OE ea
r
_It_sleo is the general objactian.to |.
high court rulings on sociology
ks and psychology books instead
of law books.
There must be, at least by implica-
tion, a fundamental objection to lifting
men with little judicial experienca, if
any, to the most powerful court in the
country, in place of promoting sound
judges from the lower courts.
The nationwide impact of this reso-
lution from Pasadena comes from two
seta of figures. Tt was written by the
committee on Federal-satate relation-
ships of the Conference of Chief Jus‘
tices. There are 10 committee mem-
bera, of whom six are from the North
and West. '
This committes report was ‘adopted
by a vote of 36 to 8, which means it |
would have carried if the South's chief
justices had abstained from voting. A‘
clear majority of the non-Southern
chief justices finds the - time has come |
w apeak out aDout Supreme Court
uses,
are een Oe
THE COMMERICAL APPT
, MEMPHIS, TENNESSER
¥-AS-SB
wee
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NOT ..:. RDED
267 SEP @ 1888
~ ADS Es"
5.9 SEP 10 1938 &
SEARCHED......
SERIALIZED.........FI LED.
_ AUG 2 5 1958
FBI - MEMPHIS
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