◆ SpookStack

THE ‘“CONSERVATAVES’ .e lawyer in Washington put : “Historically, there has a pulling and hauling among anches of government. Dur- there was a tendency for the . wes abn can All. | * More wian is auottea third en it stood in the way of so- jon. Some feel that the dministration grabbed more re for the executive branch. Administration, Congress has ify the balance and in some .erdone it... nes_a Court which is once to restore the_balan balance. It el that Congress aI that Congress has taken is share of power and the ex- ich not enough. It is in this truggle that the present s from its predecessors:” it, and far more critical, ap- ie Court’s role was made by ation’s most respected jurists, ral Judge Toaned Hand, in lectures that he delivered at hier this year. When the 's down a law, Judge Hand .e it does not “commend itself t's notion of justice,” then the — surping the function of the ivanch and becomes, in ef- rd legislative chamber.” =e shacnach 7 We @resi But the BAL Pest iat the Court has received can jurists came at the Con- state Chief Justices in Califor- must. There an overwhelming + to 8-voted for a resolution at the Court “too often has adopt the role of policy- out proper judicial restraint” x, Sept. 1). Such criticism of ‘ tribunal by the nation’s top EA no NS AAD, nen, Flabbergasts Even Ike mal’s pro’ function state judges was without precedent, and it was a hard blow at the Court's bet- under the Smith Act. In the closing hours of the last session, critics of the Court came surprisingly close to ramming through bills that would have severely . the arts iction over restrict civil-rights and subversion cases. em ee oy fA _— Sirenger Aiiacrnea: When Lam gress, Te- convenes in January, conservative hew- makers in both houses are prepared to introduce new legislation to curb the Court’s powers. The bills they have pre- pared constitute the most far-reaching attack on the Court's authority since Chief Justice John Marshal] first asserted, in 1803, that the Court had the power to declare acts of Congress and the State Legislatures unconstitutional—a power the authors of the Constitution had not expressly provided, The Constitution does specify, how- ever, the power of Congress to limit the Supreme Court's appellate jurisdiction. ff oars, eee her ted at the next session are one to curtail the jurisdiction of the Court in cases of contempt of Congress, and one penmit- ting the states to enforce their own laws on sedition against the Federal govern- ment without being subject to review by the Supreme Court. As the Court’s fall term gets under way, its members cannot fail to consider the possibility that any acceleration of 37 rT we rere. Ty! t HATION (1. AFFAIRS Back in the harried, frantic days after Pearl Harbor, a midshipman named Potter Stewart in the Navy's V-7 course | at Northwestern University used to keep his fellow students awake by stomping up and down his quarters, singing out: “Hup, tup, trip, four, hup, tup... Midshipman Stewart was teaching himself to march. His instructors agreed that in class, Stewart was a brilliant stu- dent—but when it came to military drill, he was all left feet. And Stewart had decided to do something about it. a feiond ore. _ at so af os inats the kind or guy hei is, of Stewart's said last week. “He's the most single-minded man you ever saw. if be has to do something, no matter how trivial it may be, he buckles down to it and does it.” The ex-midshipman he was describing is now Judge Potter Stewart of the U-S. Sixth District Court of Appeals, and President Eisenhower's latest appoint- ment to the Supreme Court. Stewart's singleness of purpose_ has been evident ali through his life. From Hotchkiss Schoo] in Lakeville, Conn., he went on to Yale (from which he was a justice once ma! three ye mayor), : Federal First definin When | could < “consen * ran’ I cani. i that_Li Stewa -with Douglas 105 yea (160 px ing sligh and fasl not ave man 01 ragonie Thum, mare The Judge's family: Potter Jr., 10; Mre. Stu 38