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Supreme Court — Part 27
Page 8
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2
URISTS ENDORSE :
COURT CRITICISM
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i
£
f
t
dints about the Supreme Court
hool segregation issue,
The segregation question, he
id, was “quietly embedded in
he resolution you are apked to
fopt.”
“You might as well face that
ct," he said.
Chief Justice Joseph ein-
ab of New Jersey jomned-in
Taltac iy saying it was
pfortunate that the e prestige
? the conference chief
stices should be placed behind
«serious an indictment.”
“Any man or group of men,”
went on, “who choose to
ace themselves above the con-
tuted authority as determined
. the Supreme Court or to
out the basic rights as that
rt authoritatively finds them
Psure to find comfort and sup-
rt in the sweeping reflections
on the Supreme Court in this
Justice \Weintraub told” the & ~
‘Enference members fhat they fF: :
ight disagree with Supreme}:
urt Members’ decisions “but
cannot impute to them any-
less than conscientious
ot as
a
te
ate
7:
tite Phil SeGibson of Cali
7 apd Chief Justiee F
D¢ Condon of Rhode Isia
we *Fistice Commer said the Con-
« _tdyence of Chief Justices was “a
sutative organization—not
2 organization to sit in judg-
nt on the highest court in
te land.”
t ‘Justice Gibson sald the deci-
sidns mentioned in, the commit-
td report dealt for the most
‘pdrt with the “protection of
fundamental rights of the
dividual against the power of
jg@vernment.”. -
_| £An unsuccessful attempt was
ra fe by Chief Ju ;
AWilliamson o
aine to have
Zraph of e resolu-
tpn stricken. He was dis-
tpirbed, he said, by phrases such/
“judicial —self-restraint."
: ese phrases occurred In «&
t seetion of a resolution widely
igoked upon as asking the na-
n’s highest tribunal to mend
: i ways 5 ‘tice “Theodore. .@.
fv is ‘ustice dare.
. chit “of Towa noted Justi
hool integration case waa th
AL_reason pe the Brun
Justice McGehee,
tion decision.” .-.-
The: resolutions committeé
@ Brune in as Srfer de-
féense of the critical report as-
that no personal attacks
the honor or integrity of
hbd b
embers of the Supreme Court
been Intended by his com-
tees, of ten state chief jus
Voting against the resolution
fe thus against the report on;
ich it was based were Chief
tices or their representatixyes
alifornia, New Jersey, Penn-
AD hy
, West Virginia and|..
waii, Those from Nevada and
rth Dakota abstained. Absent %
7m a final business session 'y
tel here were Connecticut
elected . were;
first vice-/
‘president, and Judge Brune,
second vice president. I.
officers
New members elected to. the) °
execitive council for two- “yearh.
terms were Chief Justi
;- B tint
Bot "Wisconsin.
of “Eouisjana and
T OF THE nEPaRY
. Resolved: - ‘
; 1. That this conference ap °
proves the Réport of the Com- |”.
Anittee on Federal-State Rela-
tionships as Affected by Judi-
cial Decisions submitted at
this meeting.
2, That in the field of Fed-
eral-state relationships the di- | f
Vision of powers betweem those }
granted to the national gov-
ernment and those reserved
te the state governments
thould be tested solely by the
rovisions of the Constitution
* the United Stateg and the
hmendments therete. .
13. That this conference be-
aves that our system of fed-
‘¢ralism, under which control
4 matters primarily of na-
ipnal concern fs committed.
@ our nations! e2overnment
+ Ona: gCVvVernment.
pd control of matters pri-.
rily of local concern is re-
rved to the severa] states, is
nd and should be more aili- '
ryed, aasauy, |
ig ore mer ae Pn =
inf. the rere: Connecticut i
d Indiana, Arkansas was not!™, .
ile recognizing arvgiryt the # ar
nate of constitutional ,
changed conditions must be |
A ciently flexible’ ast - to:
@ such rules adaptable. to
conditions, . beHeves”
t a fundamental purpose:
having a written constitu-
tibn is to promote the cere
tainty and stabtlity of the’
Brovisions of law set forth in
ich a constitution, ” “*
Is. That this conferees’!
hereby réspecttully urges that 4
tye Supreme Court of the
ited States, in exercising -
tHe great powers confided to 4
ats the determination of
qpestiong as to the allocation
afd extent of hational and
sfate powers, respectively,
- abd ag to the validity under
| tN Federal Constitution of
* the exercise of powers
omved to the states, exe
ng, of the gieatest of all jug.
os
| fial powers ee the power pf
dicial self-restraint —
recognizing and giving effect
to the difference between that -
which, on the one hand, the
Constitution may prescribe or.
permit, and that which, on
the other, a majority of the
Supreme Court; as from time |
to time constituted, may deem
desirable or undesirable, to
the end that our system of
’ federalism may continue to
function with and through
the preservation of loca} gelf-_
, government, ton
! 6. That | this conference”
. firmly believes that tte sub--
C bd. ject with which the Commit.
| tee on Federal-State Relation >
4 | ships as Affected by Judicial’
ecisions has been concerned ~
one of continuing impo
ce, and that there shoul
a committee appointed t
al with the subject in th
suing year.
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