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!cg iiMuch is being said and written es!days in deprecation of a declinggaublicespect for and support of thT_p§_gg9court and its decisions. That ere has
een such a decline is hardly 011911 W
question. It is reected in the current
efforts in Congress to modify and even
to overturn recent rulings by the court."
It m'an.ifests itself, often in ugh; form.
in bitter opposition in the South to the-
school decision. Severe criticism of the=
court is Ireely expressed by 11,18-11!? 19-W
yers and lower Federal judges, althouih
this is seldom heard publicly. 1 - '_
In short, for a variety or reasons»
some of which may be valid and some of
which may not be, the prestiq Of $119
court has suered. It no longer speaks
with an authority which derives from
full' public condence in the detached
and disinterested nature of its pro-92nouncements. - '- -- 1 .
Those who deplore this iii?-6 6+
affairs say that a rst duty of the good
citizen is to respect and 81.1PP01't_th6
rulings or the court. But this, we sug-
gest, misses the main point. which 3
that the 'deci,sions of the court, in 111111
of themselves, must be such as to com-
mand public respect. And it is sell-
evident, we believe, that the court itself
has failed on this score. - ' "
V One of the strongest items of proof
in support of this belief is a 18IIi8.l'k.B.DlB
resolution lust submitted to the annual
Conference of State! __Chief Justices-
The resolution was drafted by _a com-
mittee of nine chief justices, including
:ha._h1ghest ludlcial oflcers -1lL.LEh
States as New York, Miclllilli W1-1°°n'.
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sin,-Oregon and Massachuseti|._.m ' '3
jurists say that any study of recent de-
cisions of the Supreme Court will raise
at least considerable doubt that we
have a govemment of laws, not of men.
They believe that the Supreme Court
too often has tended to adopt the role
of policy maker without proper judicial
restraint. . . ." And they say, that "in
- the light of the immense power oi the
Supreme Court and its practical nonre-
viewability in most instances, no moreimportant obligation rests upon "if, in
our view, than that of careful me..erae
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!excited demasosue. They reect the
considered Judgment of men who have
, attained the highest judicial stature in.' their respective States. For our part!
-we think the criticisms whichthey put
forward are instilled, and there is nol
room for substantial doubt that the
sentiments which they emross are
_ closely identified with the sentlme
hich have "prompted" the so-»ca d"
ttacksj_on_the court both in and ' I
R ,l";,;_ Congress. - Q r =tion in the exercise of its policy-making_
role." " -133:1
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A r e,S,up_reme ouri Is Rebuked Gm» S
:;_renf$r¢re H_r'g_h Justices Criticism Q " ' " ""'
s Of Legislative Trend ls Cited -
-The chief justices of the
hizhest court in each of nine
States-seven oi them in the
North-.-have Just issued themost. penetretinz or? oithe decisions of the upreme
Court of the U 4 s
e es emanated from any
source in recent years. They
were Joined by one eesociete
justice. .,
Cumin: ea it does at the
very time when the Senete
and the House here have been
debatinl whether to D9.ss_1.ws
to restrict the jurisdiction of
the Supreme Court and in
some instances- to reverse
some oi the points on which
the court has erroneously in-
; terpreted the intent of Con-¢,1- greet, the wording oi the
L4 rdocument is of more than
g- ' J tr - r
-92 "Thee report of the- Com-,.
:1"; Inlttee on State--Federal Re-
.n$.1-
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f92Ietionshipe was made pubiie 9
at Peeadene. Celiiornie.
where the 'ennua1 meetinzeat the Conference of Obie! 1"
Justices end oi the .Ameri-can Bar Association are heir:
held; The chief justices
Massachusetts. New York
State. Michiaen, Wisconsin.»
Oregon, Minnesota and Mery-
lend can hardly beeherged~
with e "Southern bias. _
Indeed, the report oi the ehie!
rustioel did not mention the .-'
segiegation issue et all but 5
dealt solely with the abuse of '
the rights of the States bi!the Sauna-erntzé Court of theSte . ' Ibo-lee»__° 0
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or truce" > ""*% "-° 1""?-Te1e.Boom._ Holloman =
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Times Herald
Wash. NewsWash. Star
N. Y. Herald _.,
Tribune
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I. 6 D
ff cola wnow: "" ti" I.Ipecilically with
ludicil-I decisions upon the".
relations betwem they 15¢-
ersl Government and the
Bill»! Iovernments. Here we
think that the over-all tend-
Bnw of decisions of the Su-
Dreme Court over the last 25
years or more has been to
Dress the extension oi Fed-
ersl power and to press it
fluidly; =i" --
_: "There have been. of
course} ens still newer; con-
siderable dierenbes within
the court on these matters.and there has been quite rs-
°_9!1t1! .l- _810wlI_:g__recog'r_1itiono_f_ t'h_e_ fact that ourGovern-
11.1=IIt_1s still a Federal Gov-
ernment and that thehlstoric
line which experience mm
l-9 ill-iti-fr between matters
PlflI!1B.1'lly,o1',n8.t1OnBI concern
and matter! primarllyof lo-
¢=1..!=vncern should not be
hastily or lizhtly obliterated.
A number of Justices have
repeatedly demonstrated, their
lwareness of problems or
1' derllsm. and their C recogni-
tionthat federalism is still a1_1Yi1'1s Port of ,our system of
lrovernment. . . . .
We. believe that, m the
elds. with which we. gr;
concerned and as to which we
Ice] entitled to speak, the
Supreme Court too often has _
tended to adopt the role or
Policy mskernwitbout proper
-lvdiclal restraint. .We feel
-"llulvlrticularlsr-sooasemboth of the great elds we
-hi! discussednsmeIy,_the
extent and extension of the
Federal ]>ower,' and the
willie:-vision of State action by
the supreme court by vlrtug
oi the Fourteenth Amend.
Ioent. In the light of the im-
in-¢-~-- 1-oi. 2-. .-,4: _=_-,menae-power of the SupremeCo practical non-in most inmous decisions are compara-
tive rarities and that multiple
opinions, concurring or dis-
senting, are common occur-; ' ' ii to the validity or
- 1 that boast. We find rst that.
, in constitutional cases, unani-
reviewa . -
stances. no more important
obligation rests upon it, in our
view, than that of csrelul
moderation in the exercise of
its policy-making role. ' .
"We are not alone in our
view that the court. in many
cases arising under the Four-
teenth Amendment, has as-
umed what seem to .us
rimarlly lesislative owers.
See Judse Learned Hand on
e Bill of Rights. We do
not believe that either the
framers of the original Con-
stitution or the Possibly
somewhat less lifted drafts-
inen of the Fourteenth
Amendment ever contem-
plated that the Supreme
Court would. or should. have
the almost unlimited policy-
making powers which it nowexercises. ' - -
fit is strange, indeed. to
reect that, under a Con-
stitution which provides for
a system or cheeks and
balances and of distribution
of power between national
and State governments, one
brunch of one Government-
the Supreme Court-_-should
sttsin the immense and. in
rnany respects, dominant
power which it now wields} '. ..
_ It has ion: been " an
American boast that we have
a government of laws and
not of men. We believe that
OLQLSQDTQMO Court will
raise at least considerable' any study of recent decisions
as-. .. .- 0,, _ I _- . _ ' . 1. ._ ~-*'* i ---4eL.¢-1.-..» 4----_-1.,-_. _ _ »_ -* _.92_.|_, .a ,,;=-..~.=_1,, -H,rences. --=.j,: ~ 1 -_ ~
"We find nest that divi-
sions ilresult on a 5-to-4.
basis are cults frequent. We
rind further that. on some
occasions, a majority of the
court cannotbe mustered in
sunvfi oi any one opinion
and that the result of a given
ease may come from the
divergent views of individual
Justices who happen to unite
_on one outcome or the other
oi the case before the court.
... It seems strange that.
under a' constitutional doc-
trine which rcquircs all
others to recoznise the
Supreme Court's rulinss on
constitutional questions as
binding adjudications oi the
meaning and olinlication of
the Constitution. the court
itself has so frequently over-
turned iis own decision!
thereon, alter the lapse oi!
periods vsryinz from 1 year
to 1'5, or even 05 years. . .
"The Constitution express-
ly sets up its own procedures
for amendment, slow or cum-
bersome though they may be.
Ii reasonable certainty and
stability do not attach to a
written constitution, is it a
constitution or is it s sham?
These frequent dierenees
and occasional overrulings of
prior decisions in. constitu-
tional cases cause us ITIVQ
concern as to whctlier indi-
vldusl views as to what is
wise or desirable do not un-] edherin: rmly to itsoostseonsidsration
what is or is not constitution-,nix warrantad."e;_¥§'=_f_if I -';,',,;- It ls our earnest"
which we respectfully es-7
urea, that tha
exercise to the
oi Judicial selfg,_,
tre-.mendous. strictly iuoleiaf
powers and by eschewinz. ao-
fsr g; possible, the exercise
of essentially legislative pow-§
ere when it is called upon to
decide questions involving the
validity of '8 t a t e aetion..;
whether it deems such a|;tioo=wise or unwise. ' - -;- *._.'
The tent "lattices" declar
supreme Court Justices seem
to manifest an impatience
with the slow workinss of our .
Federal system" and an un-wililngness to wait for Con-'
zress to make clear its in-__
tention to exercise the powers
stitution." . . ~ - ia,
, The report says also that
the Supreme Court seems to_.
be impatient with the "slow
processes of amending the
Constitution which that in-
strument provides,'_ and thit
it should be adhering to the
limitations of judicial power,"
instead of "merely living of-_
rect to what it'may deem de-.
- This is a scathing rebuke
oi the present Supreme
Court, though the criticimli
does go back in some in-'
stances to previous personnel
as well. There can be no
doubt that many men of the
highest Judicial experience.
in America have begun hi.
question whether the atti-
tude oi the present court
isn't resl1y.ie:isis_ti92§e in-"
stead of Judicial. ...- J; 1-
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REC- 65,Jones of"Pé"r_1i:'§y____lwem'e ac-/ ....,_Ju"§.., ..
High Court Censure& 4' /92.By LAWRENCE 1:. nsvgs
Snedll to The New Tort Tlmu. "
PASADENA, ceurl, Aug.
23A resolutioir pnd a report'-
highly ggguri-or the Umréa
States _ Supreme Cou as
lacking 92lr| -iudiciai seJf_-re;
at.ra_.ir|t end'inv|dirrg the eld
of le sletioi-1 were adopted bythigqnterence, 9¥.f$his1sLua:_
- tlces today. The vote wasK-is 8, ' 92 '
The action was taken utter
memberl 4 of I. mmorlty
jumped to .t.he high court:
defense. 4- - | , " ' -
Chief Justice Cherie: iuvm
cused the Cniirmlttee op, Fe!!-
eral-Statel Relationships es
Affected by Judicial -Dec1-
sions head by Chief Jud1»...1é.i.-r. 92:%;;-__._@.;'_q__'r' I *1 ,.and of iaeat g_ around t,h_e1i"u?1-T." - ~ '- - -»
He charged uut the real
basis for the report: corn-'
carrurrrrarnn Page 42.1Z'a1ll!lII1]/4
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Wash. News .i_._
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XL//if lag-lforganization to sit in judg-
. _ i f n unsuccessful attempt was
92i ,1 e by Chief Ju '.92i ,. _ "iiiarnson o i to haveI
T92 A
. ~ i ~ -"-W. P" this ' C ..--8iiliiiD° *.m9""""" - - mg tint the :5;
lcatlon of constitutional .
tluuod Fran Pa;-9'1, Col. I-
aints about the Supreme Oohrt I
not any ideclsion men-
ed in the committee's report.
stead, he declared, it was the
ool segregation ,issue.
The segregation question, he
id was quietly embedded in
e resolution you are ed to. _ _
1'You might as well face that
oi," he said. '"Chief Justice _ Joseplixwelmi "T1170! New Je§sE'§r'] i Ed"'in
. attack By saying it was
' fortunate that the restige,2 the__ conference co? chief
' ices should be placed behind
; I-serious an indictment.
2:» ,?Any man or group of men,f'
.' went on,_ who choose to
it, ___ce themselves above the con-
- s tuted authority asdetlermined
_- I the Supreme Court or to
f _i]L the basic rights as that
c rt authoritatively finds them
i "sure to find comfort and sup-
- rt in the sweeping reections
1 'n the Supreme Court in this'.92'i
.
L
p'ori.'! _ 4
Justice ,Weintraub told the
r. riference members that they
urt memberr decisions but
cannot impute to them any-
" t rig less than conscientious
d otion to duty as they see it. l...- ~_-Justices n Attack
' thers " ' in the attack
. o the rep were C -tige Phil S,» ibson o Cagiia"ad ChléL.lF92iSi.Téii _F -X neon of -Rhode lsisn, ,i__.'4§Etice Condtifé the Con-i- fdyence of Chief Justices was "a.i-u
1. ~c"sultatlve organization-not
inrnt on the highest court innd. ,t _e la
f Qklustice _ _}ibsbn_ sai_d the deci-stns mentioned in, the commit-_i report dealt for the most'p§rt with the "protection oi
;t fundamental rights of the
i ividuai against the power of 9§gE'ernment." -' _ Q
J of"'zh'?: resolu-,_tin stricken. He was dis-
t rbed. he said. by phrases such
"judicial _.seIi-restraint."
ese phrases occurred in a
section or a resolution widely}looked upon as asl-:1]; the na- t¬ns' highest trlbu to maid, It " * vw '92l'- J ' . i way .
H .' 'Chic1__Jv=il<>= Th¢<>¢.l9ts..G-- /ll dirt 6! Iawanoifea Justi' ' nes chaTfe'that
ent with and crii'_ici.sm tn
rem'e Court's dec_ision_in .
ooi integration case was tb' reason behind the Brun
£'rnmi "I l_'L's_» _ -ght disagree with Supreme - _-,1 .pf.e5idenL and Judge Bmne. 1'! mic iiotllirii in ii." Jua-
e Garfield , "to ins _
at statement. I don't feel tha'
| voting tor the resolution I'm
otivated by disagreement with
t e result In the school inte-
_ tion decision? --.- ',1 - LThe92 resolutions committeeU» i elf was h aded by Chief Jua-
tfce Levi U om.
e rune in a"l!l!t"de~
t se oi the critical report as-
that no personal attacks
the honor or integrity of
embers of the supreme Court
h d been intended by his com,-zrgtted of ten state'tine:_ ;l11i-'-
- young against the resolutionsad thus against the report on
- ich it was based were Chief _
J tices or their representatives
0 .| alifornia, New Jersey, Penn-
s vi-inla, Rhode Island, Utah.
1'-'mont_ West Virginia and _- .
wait. Those from Nevada and '
rth Dakota abstained. Absent _
f a final business session _',i the Huntington-She:-atonli,lei here were Connecticutét
,,;a d Indiana. Arltans3,5'wa's not! _-
gr presented at the annual meet-i 1b l 92
$13!. _J.1Ld§e. . A-lbe. 1J:b§i2B!i£l1.3 .-0 the New_ ljgr Court o -L, l --was electe ent of
.-H -rv e onference of Chief Justices. 1.
_ _ .»- O her officers elected were ._- ' -Justice McC-ehee. rst vice-ri I
second vice president... . -, -c .- -
N_e_w members eieqted to the U, '
executive council for two-yeari,.';..
nteii'IIs were Chief Jg§ '-
. ' "r or we REF:QtI",i'h':';'-.I,i-
92_ Resolvedf Q _'.-"
" 1. That this conference hp_- - "
i proves the Report of the Com- i, -
imittee on Federal-State Re1a- it L
tionships as Affected by .ludi-
ciai Decisions submitted at 1 -this meeting. " .
2. That in the iieid of Fed- -_erai-state relationships the di-. Vision of powers between92those in
granted to the national gov- ','
emn-ient and those reserved
to the state governments
should be tested solely by -the _
yovisioris of the Constitution
{ the United States and the
rnendmeuts thereto. .
I-'_3. 'i'hat'this conference be-
eves that our system of fed-
rqlism, under which control
matters primarily of 1:ia-
ipnai concern ls committed
,q our national gcvernme:-.t_
pd control oi matters pri-._
rily of local concern is re-
rved to the several states, is
rid and should be more dili-
3-"K - .. _ _-.Q°'!~. '
It
__._ - ____..._.___ _. _ _ _ __,__.aW_,i g' at all because of ill ess. _| " '-Q.!
I '1<- B Fourne "of"L'tTuis'ana. and Cpl_Qéi"j_ust%ce g§"'.92ii'artin 'of"'W'iscon§in. - 1 r
iichanged conditions must be :fficiently ' exible as -' to?
e such rules adaptableiois conditions, . believes".
t a tundanientai purpose:
o having a written conatitue
ti n is to promote the oere
t_ inty and stability 0! the.p ovisions of law lQt_}0ll indeb a constitution. Q? .' . 4'-YI5. That this conference»
hireby respecttuiiyurges that 1gig Supreme Court or the*
ited States, in exercisingfti; great powers confided io_4i"for the determination of
8 d extent of hatioual and
|
f
i___qleutions as to the allocation
5 is PQWH1. . respectiveiy,aid to the validity under
tli! Federal Constitutlbn of
the exercise of powers -
erred to theetates, exe -_IEO the greatest of all ju -
iai powers _f.be power I-diciai self-restraint -- '
recognizing and giving effect- to the difference etween that;
which, on the one hand, the
Constitution may prescribe or-
permit, and that which, on
the other, a majority oi 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 oi! local sett-
, government, _.'. 1 -
5 6. That this conference
1 firmly believes that the sub-
ject with which the Commit-_
3 a committee appointed t
ai with the subject in th
' ----_._,-.--S.--.¬.._-.-.._ -"1-iiecisions has been concerned
one of continuing impo ce, and that there shoul
suing year. , ,
Oicwij 92»92 .
. 9292tee on Federal-State Relation-->
ships as Affected by Judicial
92-
l
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e P°ll°Y! *ki.i1C't'Y:'.§
V. 8 Jurists Oppose It f
I;0s'?"Aivi;1:rJ.E's,"' r..',. 23
k1ol'.the' 48 states overwhelm-
'_7_lng1y adopted a resolutioni todz _whicl?iticizes the' Un_i d States upreme Court.
_|'|0ne dissenter cilled ll[n smoke screen" favored by "
mittee of 10 state justices. .-,_,_ The report, highly critical? .-of the Supreme Court for what
it said was encroachment in,1: UPI!-'-Chief justices of most
':those who oppose Federal de-'
vlclslona on 1nte£ration.7 - -r
. The resolution was endorsed
justices attending their annual
conterence. It approved a 81-.
ilpase report drafted by a corn-
3» exercise r ffpreper judicial
.1'estralnt;" , . _
._ In a lengthy speech against
Charles A. Jones. oi" Penn-
sylvania, said it was a smo _
"screen ior' persons who donot like the Federal decliiiill_on integration.-?_ -" l
F However, other justices,-
,sorne from northern and.-1&1"western states where lntigraltlon is no lssllh £001! the 09to deny --
lThe Associated Press all
representatives were ex
pected at the conference-onellrom each state and the lufisfrom Puerto Rico and Hawaii.However, four chief" lusticesllwere absent: those from Con
, ecticut, Indiana, Puerto Rico
d Arkansas..,;;~-.:~ us -_..92-'me roll cell or ills} ".11 - ,o" "v '-u n 7_ ée censure res
63SEP9 1958 775I
by a roll-tlall vote of 86'-8 hy'
of the. land often had faedg;
Eh: _r_esol92'1t,io_n. Chief'-TllstiiiN
, k.
w'_
,'.
I-.
»1.
ls:
assuming the role of policy-Q;Elmaker, said the highest courtY§6-;..+T9P. 5.¢.a.1¢
J5¢§¢¢$..tHi¥
'High..I,C'¢ii}l-I
' Resolution. s.H....-F?._FhH..... p. .
slit; Joseph Weintrauh, -Ne
ersey; Jones; Francis B. _
don, Rhoda Island; Roger-
cDonou§h,~ Utah; Walters
Cleuy,.Ver1-nont: Frank C
Haymond, r West. _Vh-glnla
_Phi11pL.Rlce,HawllJ-§~,-:- Z-.{All others presentvoted forthe rescleon-1 " -
' Chief Justices Milton D.
.Bedt, of Nevada, and Gudmun-
Vdur Griinson, North Dakota,"abstained ;' '- l in
: The resolution, in support».
ing the ndings oi the com-
Lmlttee which prepared the
report, requested the_Supreml[Court to" exercise self-restraint;
-"to the end that our system
of federalism may continue to
function with and through the
preservation ed, local self-overnmentf ' . '
The chairman oi the commi
e which prepared the repo
as Chief Judge. Frederic . Brune of Maryland. -
.' _ 1 ..'1,
I
167 SEP 9 1958
heiiF1
25%/4
NOT RECORDED1" - te . ___ A _ 1 7--§_A_n___ 7 -1. ____ _ .._ __. V . _____l77__ "_ 7PT-1l'7'7"IT W" -s-q"'w|" " l',hDT"-FF" ' -u-- ~ -
1 2 _ Q F _~,gc-ls Rev. 1- sa: l t ' c
" ' ""' ' . .. , 7 _1 -U ...
Li M;/1:>ls0n Belmont
Moht
ease
Parson
Boson "
Tomrn *
Trotter '
VLC. Sullivan
Tole. Room _
Hollomon __
Gundy
Wash. Post and i
Times Herald
Wash. News ._i_
Wash. Star
N. Y. Herald
Tribune
N. Y. Journal-_..i...
American
N. Y. Mirror _i._._
N. Y. Dally News __
N. Y. Times ._...__
Daily Worker _____
The Worker _Z._.._.
New Leader i.-_
s 171:-.s
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Tn: rrmriti JOURNAL
Atlanta, Georgia i .
8/25/56 .._ - : " 1" 1Er';tl' '.~- Editor: JACK SPALDING - e 1 s - ~ ..--_,~ --: -' g 2:; 5/J._ I. i-11 G Iv
rm: U SURREME Court, aiter bssidnf._
for generations in affection and re-spect, is now the focal point of a gath-
ering mass public indignation. '
I The grtu-nblings at the grass roots are
nding authoritative expression. Criticism
is coming not alone from the South but
from all over the nation. It is coming from
the average citizen as well as tram men
learned in law and history._ . .
The anticourt chorus almost came to
_a head in the session of Congress iust
ended. Several bills aimed at curbing the
power of the body worked up consid-
erable support. ». -. - - '
1
r
4Over the weekend came the most con:
vincing criticism yet. It was in the form
oi a resolution passed with on1y_'eight
dissenting votes by the ConferenoeotcChief Justices. J i . _- - i
The resolution approved by the sen.ior'jurists of [P§@states' judicial systemscharged the upreme Court with assum-
ing an ume y-mang role
and usurping I rights belonging to the
states. It further accused the 'oou.rt of a
lack of patience in not waiting tor Con-
gress to make clear the powers conferred-by the Constitution. _ .
g _ A1l'this cannot be charged of}, as some
would like to do, as demagogic discontent.
It cannot be laid entirely to Southern dis-
satisfaction with theséhool desegregation
1 The end is notin sight. Sorne r o
1 eome. Whether it will originate- thinnrwithout thepourtisth:
ad . _ - w 2
- u
, . 1
éin be
NOT RFTORDED
157 SEP 9 155$ '
s , W __.. .=...7 55' 8 19:igf5!
i
i
d cisions. It goes deeper than that. J;
F
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____ , _' _ . ....o-an mu. 1-as-sen ¥. _ ' in "5 K
k :TolsonY. _ -_- . Mr Be1mont.._._._._
Mr. Mob:
. Nease L. ' 22:12:" WL0/_J / Mr. Tarnm
' Mr. Trotter A
Mr. W.C. Sullivan __
felqf lioom A
Mr. Holloman i
Miss Gqncly __i
I I
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up;-gag p 1 A = - ~ A - ;
COURT! CHAIRMAN EMANUEL CELLER OF THE HOUSE JUDICIAR C0l'A1MIT'l"'EI-I A I A 5 1 CCUSEI H E/C 0! A HI E I D E201! 'w.m%%§FP§§-§m1§§ R3 Em?¢i¥§§=*°%J3~%¥:3=wi¥?s I "..-_.Ili§E§i§% {gig 1; £%; sn£rz1i1.L assewn 2% *Qumran Y um sn as THE aasrzcr won tn: A¬é§§iN§g§¥o§1rr.er run surnznm counr wupcu rs so zsssurrna to ORDERLY_ .
"rm: ENDORSEMENT BY 1'11: 1:luv: 0 ncrsu AGAINST 1§E"§EP§£§E 8¬u%§§@§§£§§§K§5 §§§"Pea TH Iii li-RiSTRAINT wuzcu was courznznct un ancounr vs ' cznnzn sax: IN A star: . G A PR5 !mt. . .-c Aka om: or us IS rm: to nxsacm: urn nmcBECIS mm: counr nu: A anonnsrni: A A -Hfgvgg; L A1;§n§_;gygLyInc r:n:aALI§ri§;U§g:A§§§
Val-A RESORDQ .zsrscuux mnzcomnc? roa rm: com-znzuczTRATIVE PROBLEMS or tn: star: counts 'u JUDGHDIT on nu: axcnzspcounr or hr: I
;92= I/25--Jnsnno ~ " " ' j '_ _ , _ ._ ff --_ --" - ' . " 92 . l=r: * ' -' " - . . , . ._-_i ¢:= 92._ ' ~ _. . ' _ _ .1--1~_- 1 . 1. -w. .' "" ' .- u"- Q .¢ . 4; _ . . '_ __ _ ,=.'__;'__-;92-7 - ~ '=- -hr .- ,. .1, , / ¢ . | "pr 5,, L. " QM up B1 5;. _ , , ., -, ->1.
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HOT RECORDEDD _ f92'.|G 28 1955
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a--"'"'- r92 1-. __-
_ supreme L»Ol1lI 1" Oiltf "
It is a most {extraordinary state of
affairs when the chief justices of the
state supreme courts make a formal
led protest against actions of " and?' the upreme Cong, ot the United
Sta . 7 , " _
I What the state chief justices said
probably was less news in the South
than elsewhere, for the South has been
_ hearing the same kind of attack_fou.r
_ years. It is s major event from toast
Ito coast when these veterans of the" bench examine the nation: highest' court and find it faulty. " _
_ "Recent decisions raise considerable
@. doubt as to the validity of the Ameri-
i can-boast that we have s government
[of laws and not of men," the highest
;-judicial officers of the states said.
f The court in Washington has been1, usurping constitutional rights of the
Tstates and during the last 25 years
thas rapidly extended" powers of theI centml government, the state justic
erted. . .* . _ -
i We consider it signicant that thes
= pages of objections, from justicel ho know proper procedure in appeals
,at the upper level of the judicial sys-Item better than anyone else, should
come after debate in which the decision
Q on racial integration in public schools
was discussed. e - - =
< Defenders of the nationaiS-upreme
Court asserted, in effect, that the at-
tack was essentially s. protest against
the school decision, with all the general
words about principles thrown in asgm-applngs for the package. p -' .
" This attitude was overwhelmingly
defeated in the nal vote. The result
' is outright objection to Supreme Courtu methods in acting as a policy maker
for the Government. _.
This is, of course, the heart of the
difficulty in the school decision. Our
plan of Government calls for Congress
to make policy and any attempt to get"
ngrels to take over school attend
a ce management would have been d
ci vely defeated. But the Suprem
C undertook to maké s change in
n ional policy anyway.,_,_____a-__. , ___*4
92i|_11;_g1|a is the general objection.-to
* high court rulings on sociology
he and psychology books instead ,of law_books. _ p ' _
t There must be.'at least by implica-
i tion, s fundamental objection to lifting
men with little judicial experience, it
any, to the most powerful court in the
l country, in place or promoting sound
, judges from the lower courts.
The nationwide impact of this reso-
lution from Pasadena comes Irom two
it sets of figures. It was written by the
i committee on Federalmtats relation- _
, ships of the Conference oi Chief Juli;
J tices. There are 10 committee mem-l
** hers, oi whom six are from the North -
and West. ' . '
, This committee report was adopted 92i by s. vote of 36 to 8, which means it _
~ would have carried if the South's chief tJ justices had abstained from voting. A1?
clear majority of the non-Southern
chief jutices finds the time has come
» to speak out about Supreme Cou
, uses. - r ' . .l We now have s. national, rath92
i
an s. regional, questionot poll
_ aking under our Constitution.W a..,.e_..a.__ e I
W
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Fa5|_ _
Tulsa;
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THE commnnrcst APP11
MEMPHIS, TENNESSEE
S-25-58
I22 - @?7.sJ/4"/"
5 NOT -mDEB 157 SEP 9 1§§§
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.d lit
'i'§§ates' gupreine Court by .' the
U0iiference'_ of Chief justices of
" i-nny states," in Pasadena, it _a_"§
healthy indication of the rising _'
tide of. sentiment throughout thenation against some of the deci
e-1
a
:-
to refuse passports to per-_sions of the high court affecting
Communism and security issues,
'."'_'.Dne of the most recent of-.
these amazing 5-4 Supreme Court1 /'92 -f
e
laws
I . 'William Randolph Hearst
. . A i~-*~-~»~<- - ' ~ .-;- ~52 ."1.*i~~****4';'I*;;?'"i;*I:i l ';'4@%él "'l' '
si.*p*remeyceu 3 -Y-----.' ?-A1251-"* *-z: "- .7 . -- > 1"" = - 92 *§V *.".?F s """" "e;-mcism at the United Jrithoutiltoper
This has been a rather. .
mon complaint, that the suprami
U.
7-4
decisions ruled that the secre- -..-
of state has n'o' statutory"
sons because. of , beliefs and*f:¬;==°¢a.e¢n=.~ '71 - '
::*?.:-;.'1he effect, of course, was that _
_- enemy of the United States re-
.-Ipreine Court too oiten has tended
5216 adopt the role of policy makerthe gate has been opened to_every.l.,
ilding in_this country, including '7."_Commun1sts,' fellow travelers.
and other's who are subversives,¢-to thumb their noses at the State
"Department, demand and obtain'7-faisports and go around other
countries doing their utmost toharm thianation. * '
The Conference of Cluef Jul-;
tices in their 10th annual meet-,in; here issued the sharply crit-
ical report by its Committee on
Federal-State Relationships as
affected by judicial Decisions
' gihich was officially approved bythe conference. ' 7 ;';_-'" -' I » - .-
-=-._The Supreme Court was
curtly reminded.that it should
one of thethgreatest 592 _ ers e power sel restrat"::"-111' a resolution-also aglopted. committee re-.' part sax : ;-'_.;=-.' '"g?-'f'We believe that _.'. , the Su-
"_ ,2-'5" h..;_ .-_. ;_. wed ._--t. - _. 1}. ~. = 1;? __._:-..-,.;_,- -..»~-~'._;--qt-._" .--=1 . at A.-+3 :» pl '."'f-= 3 -1-:42 ._!:_ §'u_:éé_ _:. "Q- fr; Q ¢~V--' .:~' " -_ _.c- . ' _- - -- - . _ @-cues; -_ t .» -s r-.§§.2§*m it .ilg ' 4? " Sr "-'.wi~*_1 . .» Y 4" 1*": *3. ..¢"i*?---i-'.=-es-'_".*:-'*-'-'t=£~"=' 75r R -'1Lc3 ' ?=-i. '~ " ..-
-92s
a
. their Supreme Court throughouttime of peace 3
~1'/"fr
Court has now through.f_
its radical decisions, a "policy
maker and almost a law maker,-1.
usurping the powers ior which ;
we elect leading citizenslto Con-ggj.cr===- -I - -».;-< . .1 ..- -- éb- The ¢<>mm.1¢t=¢.'I...r=PQft ~
set-ted that: ._%;.*: :75 it-T-§"3f:;"
1 It has long.been;an"Amen-"*1can boast that we hatch govern3_-"Q
ment of laws§.not of men. We :1-,J;Mmaay; new as, use
_,_,. _"!- . . . _. II .~ 923*-'-"Rt. I . - '7'» ._--K
Q-5-_-.Q_f~"~..e_<-: s.__-Z ff§"§_ .- '1.-1!. __- f".k~- _-.~: 39% .
I'3 Q
believe that any study of reCe11tf;, %j*'**r,;'1..".>: 3-.2: .- 35?decisions of_the'S_t1pretr1e Court. , --*-<:;- 'Z Owill raise at__jlea'at considerable .
doubt. o-the-validity of ing}: .
;
' sthe comnuttee made 1t,;
plainpthst the state Chief]!!!-T
tices are primarily - =em¢=m¢a_.,. eye ..
.':l. nit -"_J'an ' a '92 - ' .3 .. _ a'.'s.:V'|'o$ - "with the effect of judicial doc!-' .__; ;, . _ _ '9
sions upon the relationsbetw_een'_
the federal and state govern-.1rnents, and states rights and I /7 .
the encroachment of federal
power upon the states, there was
no mistaking the fact that the
entire eld of Supreme Court
decisions was under firer: ~' _ L
The conference chairman,
Chief Justice John R. Dethmers,of Michigan," warned that too_
much policy making by the fed-M
eral courts may eventually prove:f_.,_ .vs
| =&&§». ll -Ml _ -mI' "¬'.X. ..-7? ! I 1.1 .- h I ¢ ¢
-*7-=04? '
J: . '-It g
O I 0
_destructive to our waylef life."'-. -. - -
:' In view ofthe reverencewhich the people have felt for
a long and historic past, it would
be" unfortunate indeed if its an-
tiotis during:-ecent months, and
in the fu would put a yoke _th-e::lt'of a free land._ -. Poorletters to f .
Ihsvebeenemmtbwlnl
inesponatbls
eanaoduu
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-92._~-.-._, -- ._.l;. _»92. .. '4 k int. "lei -... -an ',,,C0urage Shown
f'In Vote on .C0iiirl* - I -.- . ». _'_ ~ ,-_92-_92 .. _- - 2 -.as A "1-'5. e L dc >:' .1 - '-.- __'.-I -,-Q. "-~"_r" g-.. By rew Pearson H ' _- : - _- 1' _92 _ » ,.._'
UNTORGETIABLE scenes
were stamped on the-minds
of Senators as the last weary
days of _the 85th Congress
dragged. to a
c i o s e. - M o stpoignant of all --1,was the 41-40 ==; . _ , t, ,.-.;,., ,,,. .-:-r.-;~. '. .;5-:<.|:'.-la-.27! vote to table
the resolution
curtailing the
pdwers of the
ilelurt As the ~'
vote was an-
McClellan o i "nu,Arkansas trem- r, -
bled. Perspiration stood out:on his forehead, He was white:
with anger . . . Twenty yearsibefore, another Arkansas Sen-Jator had stood on the Senate,oor also arguing that the]
power oi the Supreme Court
5
Y .
»r
~.
'.'
I
i
-
4
imust be curbed. As majority
leader, Joe Robinson of Ar-
kansas was loyal to his chief
in the White House, and when
President Roosevelt . intro-
duced hia court;packing bill,
Robinson fought for it.. -1-Iis
heart. however, was never in
his argument. His heart. was
with his southern friends, Sen-
ator _Jimn1y Bymes of South
Carolina, Harry Byrd of Vir-
ginia, Walter George and DickRussellof Georgia. - -
So Robinson, overworked
and heartsick, died during the
court battle. His heart failed
him . , . Last week Johr. Mc-
Clellan, tired from the longiilioifa iearings, looked as if. t _etmlg collapse as the onev e mar n to pruo@_ ind%FFll'll'!'lge of i-111.1213!-i1'ei._vvaanounced John i l
,11.
i
'r
i
,.Q: ,5 . ._ m
announcd -. . . Senator Strom
Tina-e1rna||d|I_ol South-Caaoiha;was not so emotional. But be-I,
hind his ashing eyes and;
stern features you could see;
the same emotions that mustf
have welled up in another fam- ,5.ous South Carolinian, John C.i-',h
Calhoun, as he championed,, nu11.iilcation" . . . Byrd of Vir-ii
ginia looked calm. Twenty,
:y-ears before _he-had battled.
against Roosevelt to keep the,
Supreme Court independent.
.Three years before h_e had
joined with all of Virginia in
paying tribute to John Mar-,
shall, who as Chief Justice h_ad92
established, in his ght with
Jefferson, the independence of
the Supreme Court. . . .
1 . Grandson of a slave-holden,
':Sen. Tom Hennings of Mis-
;souri, whose great grandfather
Lheld more slaves than any»
other plantation, owner in;Georgia ' -and whose Stand-
father was an oihcer in the
Confederate Army, led .- the
Senate argument for the court.
In {these late_ days. of the,
session," he said, "the Senate,
may be doing something which
will plague npt only the Sen-
ate, but the people of the coun-
try other Senates and otherlCohgresses for years to come,
. . . Sen. John Carroll of Colo-
irado supported Hennings. .
, Silent Republicans.
/-'71 -b tg was nial! betggn.lJ|m-e. 0 43.
K 1 Ii
pverwhaiingiy {gal litflour-t, but stagelgialzn 0 _nefdaring e ."
;l,y they relished this '18 :
;North-South Democratic bat
ltie, onewhich would play upthe split inside the Democratic!
Party . . . Unkindest vote orall came from Sen. Kuehei or,
California, Republican. He,threw in his lot with thee
enemies oi Chief Justice War-
,ren, though it was Warren,
when Governor -oi California.who appointedkuchel to the,
Senate . . . Margaret_C'hase
Smith of Maine, the only lady,-
lined up against the court
which had supported her in-
various.92de_cisions on McCar-
thyism . ; . Gore of Tennessee
took the easy course: his coi-
league, Kefauver. the bard
course. Kefauv_er's' vote for 51.the court was one of only three '
from the South. G_ore had just
been assured of "reelection,
Kcfauver comesup for reelec-J
tion in 1960. His vote took real
courage. _So_ did the votes oin-
Johnson and Yarborough, of.Iexas.'.. ._. . ;
,What'is courage? The word?
courage was , tossed aroind,
the Senate oor like a basket-.
ball. Almost every Senator;
was complimenting almost,
every other Senator on his
great courage. Most of them
had shown no great courages
It92 takes no ~courage for aNtgthern Senator representing,a egro bloc of big city voteral
to line up for civil rights or,
for the Supreme Court. in con-
trast, Kefauver - Ya.rborough-
Johnson votes did take cou-'
,1-age. Johnson even persuaded
George Smathers of F1orida,;
who was against the court, to
pair with Mike Monroney oi
Oklahoma who, though for the.
court, was absent. This gave;
the one-vote margin neededi
n
i
E- ont _._
' - hr
Neo
Porao
Rosen
Tomm
Rotter
.C . van
ele.- Room __
Holiomon _
Goody _,,____
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"5<9
@4¬'
Wash. Post and
Times Herold£21
,.
i _ _
ti? -p '~-~w , _ on n».1-u.m l '
i V; V _ ..l4:__h___ :ss&4*.v:J-»4"'l f " _1 if ._-3.3;; -.1§__.__:m} __ at , A Parson.1;L___ "7 _ 92 W » ,7- ' ' R i
-; ._ -'_-, '92 r
~~=<" Rh IhWt.a¢¢..QuuooK ie~Q? Q .1 92 * ._y_wa nnl£!§£4 "___ I _|,_ .. . 1-pvt-_ '1? .M1? W i. _. ' ' '-1',-.~.. ."!i¥.~:.~ .*?L:; ~.¢ ii5;". -1' Y ii ~ .4-_ , '-4 '-" -- .-'<__~..;J 4 ,- .1. 5.:-:r.-2'."'i-"~!5t"".'_*.i?_,"' cl - 15.1-.,:;J ,- J,-I H9131 s¢lff'B9§tl'l§ll1.ll
i.-.'11;-as iiolitgst isomers" is=£gaa';§a,iief_ justices of" the state supreme
PPM "-'°. @119! .4"! °.!f@"=§-1=m= _=<.1:' °° i.?iif3~ -r----.* *-"i~°i' l -;----»"°_°°§.E Byhn bverwhelm gvso of as to s
; e_ mernhers oi_the -92 __e_:;e!:;§Q of
y fundalinentul put-'ose_ of hauin
;_a_ written constitiltion is promote th'
;__certainty/ and stabilitypoi the provi-liohl 1 of; law set forth in ' isuch
a~con8'tu~ti°n 3- _..,-~ ,-,_:;: I ii-.hie! Justices, meeting in Rasa<iE11'a;_.h
alihhdihese things to bay: ,§. 2-qt,
fr _Cu:"system of fécleifalisixi, tinder:j_Wl11_ch control of matters primarily oi;
national conceniis committed to our
_nation.al_ government and control of
;matters primarily of local concern is
- ese;-vedto the save;-al states, is soundd should he more diligently pro-p
rvetl. '= V. ~ ' '.- 3- ' ii "' -*~"'
E
t ose granted the national government
d those reserved to the state gouern-s
fments should he tested soiéiy by the
Lprovihions of the Constitution of the.
_'Unit4ed States and the Amendments
_*thereto'.§".' -¢~-~f~'-,l§,;.-.?2" .1-_..,~..a '
Q The lonferenoe oi -Chief Justices
then went on to suggest where the just;
ices think the United, States Suprerhe"-l
fCou1:t has gone astra in some of its as-" K Ypcisions affecting .the_relationships of -
ithe division of Federil and stateéowers. They admonished the Supreme
'....;u_.-t to recognize that there is s diff.{:1-ence between what the Constitution
_ y quires or aliorwsnnd what members,
-oi the Supremke Court may, degm cle-a
I
'3 short, the highest legal elulthofil:
ti'esof the states here are tellin theSupreme Court that cases ehoui be 'ideoided is whsfthe Constitui;io_n"saysffans not y what, the memhetgElie Constitution should say. They are Ilse seaming the Court against ~mn= _asses swans; down ¢:;"1ogs1' 113- lnt" if the U S system of f.' _. ..4._ --in i-,.._92'r._.'. The division of powefs betiveen'-A.nd What should SuprcCourt do in order to restore the up K
balance the_ -chief _]u_stices _ fin|_;l_?,sn'swer'to,that was also _a gglih but}; plainly put 1 condemnation! xercile
onelof the 'gr_eatest of__ all judicislipowers--the po/war 9f-']l.Id?ClB.l self-»» as» l 7_i_'estraint.'5_,:.1:-;7 -,;."1~_ ow-3: {:31-f. ,,{.*a§-It j-use there _=.=.'£e':_w5 £s¢+prs"'§1££should be rememhiedil l l
son in law and admonishinent to
straint. One is that the State chief jun-Q
tipes are decidedly interested parties?
to the confl.ict_het_ween;_Federa1;
state powers. They-are the guaydisns
of_what rights remain to the states;and they do -not like to see them nib-
bled away for any reahon. And, bei1i~g_
men; they especially do not like to '
othhr inen upset their loc and ir
1-easoningr * _ 1'21." " 3- ., :1
i .; But the orhei-lfsowr is that as ii
-not just the view of one chief justiceone state about one case.It is the eon-¢__
sidered opinion of 36 chief justices Wm
come from ail sections_oi_the "'3and who have little else in on.
aside from their giiardianship of their
states against Federal encroachmentg
They.are attacking a pattern they!think is clangerous.- '1',-"U ./---J" - " 1
-_ What they had to say will provide a_'_great deal of ammunition to those who
would take away some of the Supreme_
Court; powers. And/from those who;
ponversely,' think the Supreme Court;can do no 'f¢-"rang lever, the chief
tices 'will hear the cry that they them-,
selves are guilty of-judicial unrestrainf
_ _ _ é _ __ ____'_in criticizing their higher brethrem, "Fkgle or undesirable." i" I~"Both these results can surely he,
ticipated. ' _But since, like the chief:
justieé ohi us_areinte1_'_ested --or e+m retammg a pro ,
Federal system of national and sta__
powers, gne othe:-"result of this pi f
for s'%t'-r1est1-sin: _shou1d§be_hopecl fo, 9...... t..at is test tne-supreme -sou.
will re cl thi .1-o"_in thelig~ht oijdecisiohs and £153? where all th ggyfmme . . . ' ', " . _E»_g_§§1__§§m.-1 _'to= ntinue to "P _critieiszn,_t2ge lr__ ..
'-xyr DIRECT A 's M: 4,ll
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QCIB
OSOII
ommrotter _%.C. w on .
ele. oom .....
Hollornon ___
Gondy _._;..
6/
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W,
|é2.2757.f-//
NOT PF.-"?iDED
134 SEP 9 l 1958
in-lq-i|_n""""""1-'
Wash. Post and __.__
Times Herold
Wash. News
Wash. Sii _..._._-_-
N. Y. Herold ______
Tribune
N. Y. Journal-___-
American
N. Y. Mirror .________
N. Y. Dolly News ___
N. Y. Times.._..._.._
Daily Worker
The Worker
New Leader
m£L
-
Date i-
.
I/?£_ ../_ U 03 It-
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1"" "I lrreé-....3' ae. . =.:-.: I-*.'i. @",-.-.i-H'=I.:
' e gel! todu Alneriuunfare mi from civic
. '_' J '-
ullwell upbreided everyone from President Eilenh
_ lawn, nked the U. 8._ Supreme Court ever the coal: end e-
ielared many Amei"tea.nl are unwittingly contributing to the
Communist eeme."-_ .__ _
. The hoohworm I3-nap?-urns, he told e local civic club, are lul-
nell. indecision. indirection, moderation and tln:|.iIlit1.~s
s. 'I'he'p_eople, he charged, are tting on their.lund|" while
the U. e. Cnllltutioll 1| um; deltroyed, left-nger! ire. pill]!-
v IIII lhl Ql'_IIl1"I tn u.I92kPIIIJ' ln plln-alone-In -mi-"--in-it_.- -__-.._ q-----,, -v -------r-er; -..... U--v-.v. -ry-.-_-?.....'v..-Y '*¢ l""¢t¬"W5'I t
GMr. Hutluikxa
7', 92 Miss CandyL4 WH F -r~-f,!~~'~' W4/,1" "j _ '
@--.-.__.__._.___
I J i
Jacksonviile J-Hrnul
Jacksonvi; e, Oiid.
Date Z - -1 ,1 -=2
polleiee are eduneed by friend: oi ltuueinf " j '1 .'.92-ithnul the eount17 In-or have been ehetzkeitliii :the"- 7* "1!
unconstitutional Supreme Court deeieioiu, by the fi'Lu ' tlone by Wuhington oi etltel right, by the i'ir|t
1 1! lcknce eu 3-5 I-|In nu Ilene of dllintetrutif: a: cm R M" ml "5.u_m,"on M [mu n . a Ie have been Iwunciied 1,. .-- N. he |ieci;nq_ -, sou. Q M | _ _urt'| "en "Fm "73"! hi-VG aid the B 'lchooi llltglq-an dd I. "I uprelne
, u.;§
A con dwm°n wt mid? Pllrllrunt to the Oonltitutio 4J
we o<J?"-Adizhuonen um" .. ...-.__.'. 'm' ' I" I I/d 92.f! £1,
I. ., 92 av valid. Tlut the lchool decision wan written In violation ei
, _ netitntlon in an obvious no the |:|,|u|Q 0; 3,, ha-. 92V -
Tneteed oi living under n conltitutlonnl government;
~». i . - ~ ' . . 1 -I A 7" *- " A----r_>_-_.-__n,H_.i_.. ., - " ~-. ~ ._-" _r"- . " I1" wblervlenl to e Judicial tyrnnny. -. '92 H. , . N
E
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n
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':1_".-'- iv*- - .5;" _ '»=..= ~- .in-. _";
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92 E92
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s ANGELEI Urn-Any.
Wiiiiam' P. Roger: laid
today the Supreme Court doci-
sion lg the hw oi the linui tor
today and tomorrow and tho Ill}-
i'urt- ioi all regions and ll!
poop e" and mum not in mfadol
W ~I-;--;... . .. -
.4'~vD92§ ... .-.,.- ,._-._.9'i J 1. ______ _. _4----- - 3; -~;_-_:~_~_-- - _- _ ; - -_ .
. ~._ - - _'- ' ~ 1'-1|-con! <r¢._- w ,..:-of 1'.p'.*2C'F 0001119 tell tluAmeriou|poop;Iro|houi|l sill
vi tholrunllnlolllounourdillennooglhgtwg
on lnihni-nailing with the murderer: or Moscow. i t
Ti lllitllinirainliouodolngnothinglmlnmioln: _u» mm of gnu mom Stale:-" '
,_ 7'!" Ilithi ll ll gel! out wmi tlie nnui-on oi 31¢-oi?»
l0_ dilolun law olslding oitizemihlp, he deciu-ed. I l ' -
"lfroddqni swam: BI down Willi sum. um um. nu nun.
P:-__-.-idue ::==u=== #5: ==:==.::.e='-are: Ea the i-ii; --
|no_oll|:g." _. , 92_ '_- -- -'
Evurytlme n luv} met um ,..im... men at hie
our eiohavaboonpiokql. 1 1 -_-, 1 a should learn mu Ln intelligent nul mu- mu nlpk
P0 ! Pllll. I. hl! Ml-1-1!! mjenyaou £1! heir. $2 2.:-.4~»--W-M,i;~i' "0,__,. v " i ', -.o I 5
- "It mm be our up rm ruling iieiom ihe Ameriou
persona who opposed the od- Ann; _
lion will one the wiaoln and Sth suiemenfwu Ito e I _ g rt
u oompoiiirig mod, in the ||l- strongest io date on the integra-
tions! Interest, at working out an crisis.
-reasonable way: to comply. Rogers aid the ultimate ls-Rrm-| ;',92, _ ' sue growing olli of the aulfl
e dlmumi the high court: original o,nti-sen-option doci-ri _,_. .. *-- - = H4 --. -1-.. .._-. .,,...o 4 _,,_92.t ......__,»_-_I
|_'. J o 92 . 4;,w=- 7
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5-'1. -Q ~-
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-..4_¢,
Q1iii-I: -4-0";
92
r
aim in whether Ilia lawilil
the land is supreme or
ar it mly be evnded or deoi."
Bo conceded that lilo court!
decisll hail 1 "um-ions lmpnot
on certain aeciions of ad} coun-
try uni wu mot with appro-
hemium reaonlmenl oven
threat cl donnoo. ~.~ 1
_ i - .;_ A _ Fin 1-1;.¢,.;.,n
A-BI - 1;.r."r-1-9r.".'i_L_L_E_ 5?? Lo- LSEAFECHED.,.............i!lC»'l"iE'T'.
ERiAL!ZED.,!..........F|LED .
_.._ _
no Q I. ;,; 15:6f , " o su'r UNCLE sAM'§ ATTORNEY GENERAL HA5 Anemia veas|o|~_i
{-1,
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.».a.. '~,IrI. -"' '._ -§' ' -1&1 s-'=¢592;-L_;_g'nu
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I H oting the rose, L - "do on of Te II, e
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£45 l
£3:-. ff, '-
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a§' Whenens
_Moi* oI"¥ITre-.Irina. 1-as-sap
0._.- ._ 1 . ;" 1.. .:T_- 1; !, ,_.§., ..,,&-1, '.- - »";¥l";* ., 3% Y --; c ~~'is lira}; ;_ .. -mean. >1. 'vr.s*-aram-_.snr-=z:.:w.=-t _
In ._..._ - - - *"'.. "'-If ; '~=< '-*"r*""w cu ~*"-~
lg,-._,¢. ,._.T rr .' "" .--I .7
, ._. ._. =._ _- ;- -,_.: _- '-__.... -s - ~ .~" ti s, Dresv .»a..a.; Q12 *P05" . ' _'§,.,.-_s _3 :i_ --_£s- as ~-§.'- -
5 'l'he 5u,oren1e'C~I-1' aw
man ulon,1probably doesn't know that it.was the threat of a libusterwhich s avecl ' _
the nlne Elus- =
7 ti c e s I r _o_ mbeing rebuned "_.h y Congress. "-The public also{does not know K
;h0w llllbusters '
arehorn. /'
't,_o,r g Wa "ne
on appeared {gnu:on"'the Senate . _
voor on qaturday night lust
-i before adjournsnent, he wore
',_a red trose. His colleagues
-knew thatthls was the signs
ithat he was ready to talk vari-
ous bills to death -
.. _...o-:rstl:Te,eder,lEéed ow e.1 cl asked Morse what was up.fn Lyndon,f warned the Ore»ifon liberal who has one of the
ongest talkathon records in
_hisl-ory. "You're not going to
get out of here until Wedres-_
ti . 1 have no intention ot t-'
this Congress sdjo
.W its last acts an expres n
Iot lack of condence in e
Su reme Cnurt.'3,_. ,H__._. __ ;
.-_»
ll//J
_ -tn __-92' .
92-
92" M "ear -rei!errin;..tn.ei oryablll aimed_at' over-
_a,_Court.ot Appeals de-
on--alrmed. by that So-I
rame Court-regutrlna police
A-delsy;n_h:o1];s1f1a1so r:!ie1t"ryedJto a_P8181! 111': _s_nlm-Foster-Buttes, restoring tate
,-sass:-lo:-ta to auazaulerican. ,~
Earller in the day two hack-~
Istage iraidenll had occurred
which didn't leak ut to the?
assistant to Dulles, had calledion Morse and asked % to rail
move his earlier objection toIgto srralgn prisoners Frithoutf W
.'prsahal-Resulg g Houseiwroi anew wording A eYblll amsirringing the Supreme
}Co11rt's ruling. Sen. Carroll re-
tusad to sign. Disappointed at
the way 0Mahoney had sur-Urendered, he came to Morseand they agreed to hllhuster,Depaihnent power, previouslyey L ¢" C'~""'°u um" back I
removed by the courts, to bs.n-/ Morse, reported that the soft-
core? Senate liberals urgedhim not to ght. - 1*". -
92 "I happen toshave been hero
[14 years, chided the Ore-
peasement. When you talk to
Church Idaho! .ar Clark
Penns.! thsts what you get.-ospm. William 37{gI1ao01'nber,%3°*!i'".- Pm Md W M11 Ir-
92
gthe passport bill. - 92 II You've got a lot of guts,
replied the ery. Oregonian. G0 back to Secl'eta.ry_ Dulles 1-
,at_l§ tell hlnrthat Wayne Mo:-set
gwtu no tallrlni against thstiIbill untllgwednesdaye I feeli
awfully Good. I've been out on
shape._I'm allttle hoarse, but:r11 be able to mrtumu,{tho farm and I'm in good
.U9@2S'-I-%;'.' "11:. -
.t:s1-1-1511?;
About th
l92e some time, Sen.=>
'0! Col'_-.92
..,,.
UGO!!!J h ol.l orad I -I
{¬"E..""$!* Mm?-l!=..!=¢:mi aéutiw uemocrat 'POM of l?E.'r.qm.lng§ad zonalconference wi the House
of Representatives to iron out _'
dferences regarding the Mal-a
lory hill. OMah0ney held the- Inro:cle_ of Illinois L11:-k--- ---'l§!§_=s;1rs£-....Ee;1=s°'§$T=3i
_ 45But I can tell you that the only
ithing the Senate ls ad ersHandel-stand is brute force--thehrutgforce %w§r have to w p em_ e. ouve-
ibiienattsogge ltthe snag er w on wan
ght. Doht fry to sell me their
=-
Carroll is agoodghter
wag, but this got his Irish not
He agreed, _to give two
h%5.§ts'£&.§Ifl.¬éi?-fstld session %alt least two days.W Sen. To ,- ennlngs of MUliogj, another Democrat, also; a5a¬¬d to give i speech, while
i Javits, Republican, farther At-Mtorney General of New Yqt,Mcarne up with on
**l"%%$..5-°t. uni ~.." tnloblect to Ian House word"-
; ;gde;;g:1ée lg, whicht iorbldi e uc on o new,evidence in a conference report.T W __ a o on T1: 1,"--M"-"-_ _ A '.'-"" """ 1-I ~.aslnlngton mn7&-Ro Belmont
" .~f~".=s2~?§-f'§;'1** --trrse7 Bl6'Ek§d., -: K . . -. Ia - 92 - um-._._:,.92 -'
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Holloman __.
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Chlch 'o's '?'s'ewa¢eYiyiita%1'H {ecd £m'uHMichigan wate,r.Sen. ro_
of Wisconsin was determin
that no more water leave 1
harbors oi Milwaukee, Gre
Bay, and Shehoygan. The i
position still had the votes
Pass the Malloryhlll, but
quorum was dwindling. Ma
enstors, up tor re-electhere leavln: town. ~. .
i Harassed Lyndon Jolms
ame over to Morse and IC
ll. "Were going toiaccs
our point of order, he sa..
hu've'won. We couldnt ge
a quorum here at 16 i. u=. I That's how _11lihusters an
ged--and sometimes p
w ted. And that was how
S reme Court nally
' ed the attacks oi the 85
grass. -. *
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Wash. News _..___._
Wash. Star _______
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N. Y. Journal-=_i
American
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FO-ll {Hen I-II-SI!
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F.9°.l."?.9Fego.A OLD AS low ent itself " , p is-the
___ei!'o!:t to hnd a tribunal--a_ roan or group.01 men-ayvthe passions or parti-I
|' llnlslh III I nrsainrlinnl nl api _-'-----r ----*-or--_ I" "I f-_'-'""I ,_92_'- ""I ff!"i-ment. The Su remeCon of & ' '"
is the institu -.
_slnce the founding of
the republic tor theI 111811 endeavor or im-F partial judgment. -'lion to ivhich Amer-
Q.
Yet 'the _Supreme
Court is a political tn-
stitutlon. And in time;
oi national striretand strain the Court and
é wary political attack..- :<.=-5icana have. looked. ;;-._p J .
. canes .-';-'
in particular
Chief Justice become. the Iocua-it ...,
Earl Warren, the 14th Chief Justice
oi. the United States, nd_'s'himseI£, at
the climax of a career'ln which contro-
___.?.92¢1$l' hll hid little part, the center of
I Iathering storm. On May 17, 1954,
he read two opinions [of a nhanimou;wort. holdins 1111!. Iesreaauon at the
races in the public schools was unison. _
sti_tutional.- This reversed the §doc_tri_nsE'g;laid down in 1896 that the requirement 1;;
of the Constitution for equality under1" "I me! bi "Separate but 'equs1"»*5:facilities for the two races.;' .- . i
_ In the ilei1:l"o£'education," the Chief itsJustice said. "the doctrine of separate
bill 941111 Ills no place. Separate edu-
u=ation'a1 facilities are inherently un-aquui . fr; -tr _ , 1' - ~
In the South this meant s' complete
reversal of .ancient custom and theopinion was the signal for a new out-I break of thefeud between. the North
and the South that is nearly as old asthe Court itself. In the drive of the
{Southerners ind Coniresl, abetted;_by
;some Northern conservatives, to curb
.i-he jurisdiction oi the court, Warren is
ithe villain. He has been denounced:
aliain and again in demagoglc language
ibr Sen. James O. Eastland of Missis-
Pllipi who hzas made himself leader n1_
_ ent to Whittle away the Jurh-._
-$9911 £i=e.§11i'?.£si11.2..1 rPably been marked by reasonable ipoiie
_¢ The people of Cattfornia three
times elected him Governor _-,,oI__lt.ha§state because, although he was a Re-
;p_ublica_n, he appealed to Republicans
Esnd Democrats alike as one who would
gioilow a middle-or-the-road course. first[as Attorney General and then as. Gov-"ernkor he had a great deal to do
jiirectinz the fantastic growthof hir
native state into constructive channels. I
_ _.Wan'en was named Chic! Justice by 1
{President Eisenhower ve gearselaol, --
-and. the . appointment was widely
praised. H_ere.wss a man who could"
='pi-esirle over the cimrt with dignuy and.
-' lead it toward moderatioosnd away7_tjrom hruisliia controversies resulting
".4; As the crisis over integration devel-3
oped into a great national issue this be-
came the heart or the matter-'-'WhetI_ie1"
the Chic! Justice and the othelfeight
justices have the judicial equipmentand thh judicial temperament " or o
whether they are legislstlng their viewsin opinidns on the Constutioli-~'. _
ff 3' . _ : _ f~ .t__# .."
OF THE nine justices on the court
day onlythree had prior judicial exper-
ience before coming to the tribunahi-in tour or l!e_0P1nions.- 92~ -1"" S'~i'*'~ =--
ii
and they were all appointed by Presi- J~
dent Eisenhower. John. M. hall
th C"
preme Cour-t~o£ New Jersey and held;
Only. Justice Charles Evans Whittaker:
followed the course many lawyers be-
lieve is the best preparation--he sewed
as a Federal District Judge and then
on the Eighth Circuit Court of Appeals;
~ The American Bar. Association has
just recommended that Federal indies-
be removed trm,pniitics. But the res-M0111 -----A
Te oom _
i-Iollomuni ___
bk,
one year on e ircuit Court or Ap-' é 2 __ 9/; 7 _.-peals in New York. William J. Brennan ______ Z " -'Jr. was an Associate Justice of the Su- NOT RECORDE
lower court positions in that state..~l67 SEP 9 I 5
_ __
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9 lb92 .O 6
|£||l Court
-- ob_e Morris former chief
e Enete Internal
Security subcommittee hsrged1 yesterday that the U. Sign reme
-Court majority he eslllm -
Igsletivejowere and was exercis§lfl_ iiaioiin ' '-. J W755 !-, - . £1:-egislative fsfeg-nerds againstSoviet penetration have been made
I shambles, all without judicialgreeedent, at the very time wheno_riet strength is mounting toI destroy us all, Morris told theHob-oken Rotary Club, adding; -! "Congress should not ebdncate
from its responsibilities under the
Constitution when judicial tif-
enuy prevails as it does now.when e new Congress convent,,0 ryone should nine his vo 0I» d urge his Senators end Rege tetives to stand _up age t
wing judicial iomimoll. -N
REC- 54
d"92Q 74ehnont _i
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Parso
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SCH?m_ "3 terW _ W.C. Su an .1!/7, Tele. Room '__
Hollornan _;
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can-~ as ->4 I 0?'92§ §:E'n'rHiinmnQ: $7 SEP 101958605EP151q & "'-'-:--'"-"'92ii"/E35
Wash. Post and ._i
Times Herald
Wash. News ii
Wash. Star _._._...___
N. Y. Herald _..._.._
Tribune
N. Y. Journal-_.i
American
N. Y. Mirror __....-VN. Y. Dally News J
N. Y. Times _..-....i-
Daily Worker
The Worker
New Leader 1
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"-re
§" - '*""-""'k-f'I_I'_lav.wl|_*e'.',TY""_»I'!- Hun .4.-. 'rI|Il;-1-1"-*
J gurrcumvenetng me,_t,_.0r_:§,rr'---* -I-.5' ' I w%6;ine'su:s Department try {ii
the upreme Court port decision? The no-;mn oi Loitus r. Becker,,i
the Departn'.er.t'i legal adviser, béore the
I Foreign Affair: Committee; than-.-ates tits beuet
int the Depillent can still erbltrarily refuseE o issue passports, despite the contrary Supreme
Courtrulinginlune. Iifliislsniairconclusioljto draw from lvlr. Becker? testirnony, and ire be
li_ere it ts, Secretary Dulles would he exceedingly
ill-advised to work such 1 dubious end run into
State Department passport strategy; -.' "; ' -1
_ The Court held thatthe Secretary of State does '
"not have the power to deny en Arneriein i
port on an undened or arbitrary basil. Aithoh *5jé.the decision-dealt specically with twh cases in-. vowing questions on passport applications about
Communist Party membership and another cue * .jI
eonemlng ; State llepement that a-5? .person: presence abroad would advance ' thecause of the Communist Party, the Court: de-' cision seemed to he breed enough to for-bid"any_
arbitrary basis for withholding passports. ' "' -_ .-
. ll right oi exit in to be regulated, ma
_ the Court, this regulation "must be pursuant to
s the law-making functions of the Congress. ;'And
if that power is delegated, the standards mustbe
adequate to pass scrutiny by the accepted tests."
. surely this language the areas ilir.
Becker mentioned in his Lwtlmony. if '_ - ~_ _'
Mr. Becker said that the State Department can
still deny a passport to a person whose presence
abroad would seriously impair the conduct of=4
11
Uni-teci States foreign relations or would be inimi-,3- Ion to the security of the United States. This view F
sharply contradicts the statement made by Deputy ,
Under Secretary of State Murphy in July. Testify- rtlug before the Senate Foreign Relations Ovmmltéftee, which then eonddei-lug a passport bi re-ii
quested by the State Department, Mr. Murphy;
.-_t__ said that th'e Department was powerless to pre-.=~. vent Communist agents from traveling abroad kn;
a result of the Supreme Court dedstom: .13 » . J?-_. I}
. its Court itseif indicated, the proper course .2
. for the State Department to take is to try to per-gj
suede Congress, as,it did without success this-?
suminer, to spell out !8 clearly -as posdble -thd
conditions for the tssueuee er passports
u er believes siiouid be few reetrio-'i!
;aeverlty oi these ml_es,_there surelyds no
§§Z.§$a""c,~.~."...§,-""'{-5...l id"-i§'.L§'.°é"£qPP" -"9 ' 't;-»'.Y"_=|'.Z%~e_ aseem ' we 4 -=-"- - -~"-*'--"-~_.t.--s %l1hont C
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N01" Rl'"."RDED
"134 SEP 12 1958
I -ii l
Wash. Post and Eli
Times Herald
Wash. News ._.i_.
Wash. Star ___.____.._.
N. Y. Herald .____.
"l"_rL_._._
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N. Y. Journal-____
American
N. Y. Mirror ._...__.__
N. Y. Dally News ___.
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3.
u
ii .F;_.-gar-»_' J _ _" M I __.__. . 1;,-Qourt §qll._9k9d.Pa8l-.-S-T I! F1
i njr L Lyons _.
,__ o _ w p e th ngress
with its l50W¢1's intact. But it was a near
thins. as close as one of the Court: 5-4
_decislons.-.'.-1. ._ Kl.-~" ' _
it After three frantic days and nights of
; debate during the final week of the sel-
sion, the Senate killed the whole pack-
age of bills designed to curb or reverseM,
"-
the Court. But the close votes showed.
' the eatet of anti-Court feeling which
I has spread through Congress during thelastfouryears. - . .
The Jenner-Butler bill to restrict the
; Court's review power was killed by the' slender margin of 49-41. A drastic anti-
a- pigeonholed by the Senate by just one-'vote,_ 41-40. _ . - 1 c et
I. THE CONGRESSIONAL attack on
the Court has been building up for four
. Years. It started with Southern auger at
Z the school segregation decision in 1954.
Q It gained support during the last two
' years from conservative Republicansdisturbed by decisions uissholding indi-_ vidual rights in Commun t cases.
._ By this year, the coaiitio was strong
enough to pry bills out of committee
and force floor action in both Houses.
They didn't have the votes to pass a hill,
but they undoubtedly will fry againnextyes.r.__ _ - ' -- -
was an angry emotional outburst
against decisions Congressmen didn't
like. But there also was serious concern
P. among some moderate members that
the Court was going too far in various
ways--that it was making law instead of
simply interpreting it and was invading
. states rights. - » y ; I -
E cnmcxsm or the Supreme Court
92_ is nothing new. Moat strong President!
. have quarreled with it. Franklin D.
Roosevelt tr-te.".'m*re'v'a..'np its member-
._ ship 21 years ago because the Court
E was killing his New Deal. But rarely
has Congress gone so far. Only once.
90 years ago. has Congress limited the9 Courts power. Congress. acted then not
= as the result of a decision, but to pre-
f vent one. It feared that if the Court
were permitted to rule on a certain caseit might invalidate one of the Recon-" struc on Acts. ' 1
" There have been some suggestions
- that even though the bills failed this
year, the criticism might cause the
Courttotrimttssails,atleasttryhud-
er to avoid 5-4 decisions. That hasnt
- been apparent yet. While the_IenneI'-7 Cm 3f_§%E._*Igm1BI S ..-...1-ea "
~ from its e tn tn B5 Co
In considerable part, 1':ne Court fightuepir%ent 1-eguusnons denyingfdiotn--we: ' l _ _ W
., "' We 3st.-3w_1;r:"
-5 -J---..' I M
PI8ll>0rtsto.Co|nmunists.- wt}
~. The Court fight was embodied in tour
bills which made". varying degrees of-5frcgress but were all buried together-n- the Senate in the closing days. Two?
relatively limited bills would have re-9'
vived state anti-sedition laws struck
down by the Steve Nelson case, and
clarified the Mallory decision on the
power of Federal police to question
suspects before arraignment. The ma-ior assaults were containedln the Jen-_'
as-use ~ ¢< =
_ sun. wmamsrn. ca-recs
introduced his bill in 1957 after the-
Court had handed down a series of de.
cisions with titles such as Nelson, which
held that the Federal Government had'.. C tat ' - -~ .3223.F...i?..;E.§"ahl%.i';2;i1?h%'v~em»s=¢ u we or »r~===u1==
subversion against the United States
and that the states must say cut; Wat-
kins, which held that a congressional
committee must tell s witness the per!-
tinence of questions; Konlgsberg, which
held that a state could not bar s lawyer-
from practice solely for refusal to testl-'
fy about Communist affiliation. '
' Jenner told the Senate that these de-_
-cisions and others have "just about de-
molished the Nation's defenses against
Communist subversion. . '
His proposed solution was a bill which
would have stripped the Court of its su-r
c
b7¢/
E3,
i.
4
.
Es.
thorlty to review almost all cases in the -5
security-subversion held. This wouldn't
have reversed the decisions Jenner was
upset about, but it might have encour-
aged lower courts to do so. A _e -
The Justice Department, the-l Amer-
lcan Bar Association and a host of law
school deans and leading lawyers pro-
tested that the bill would create "legal
chaos by removing the final appeal
which "gives the law uniformity. ' e
Jenners bill sailed through the Sen-
ate Internal Security Subcommittee but
was changed in the parent Judiciary
Committee by Sen. John Marshall
Butler {R-hid.!. Instead of cutting o
the Courts review ower, he suggestedchanging existing faws to reverse the
eects_ of various decisions.
The Committee adopted most of
Butlers changes, and when the bill was .
sent to the oor in May the only part of-"_'.-1
,1
1.
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. PI- the Yates 1_'4§e1l_et!e!,s'_ T92-?.'>.. _§ 'lhe Senate Democratic lead ' re-
A
v
IH
f'iives1_I¬i'£1'$'§5's ¢aclas»1iu=' ' iarm-a;.__'
i1f}ii§=$§'-'§u°5-°3=""1a'i I'§§& o""' laws strizcl: down Nelson
; libll, and make unist prosecution
, easier by rede Smith Abt, terms
which the Court read narrowly in
. _ Ptuned to call up the Jenner-Butler bill
for debate. It sat on the Senate oor
;iike'atimebombfb1-rqoraimonths. >_"",J";,,__ U
. ON the House aide
Judiciary Chairman Emanuel" Celler D-N. Y.! was sittinpeon HR 8, which asits number indies a was introduced
early on the rst day ot the 1957 ses-
sion. The Jenner bill took" the hardest
direct mite at_the_ Court. but if -theopponents prophecies were correctmlilt3 would have had more jar-reac Ieilects. '- i -1- : ' _.
HR 3 was introduced by Rep. Howard
W. Smith D-Va.!, author of the SmithAct to prosecute subversion against the
Peder Government The Court had
struck down the state sedition laws in
the Nelson case because it decided that
Cong:-es bad intended to give the Fed-
eral Government eaclusive jurisdiction
in the eld by passing the Smith Act-
Smithfa bil_l said that no_ Apt of Con-
gress should he construed as pre-
empting a eld unless it specically so
. states, or unless there is such a con-
ict between state and Federal laws
that they cannot stand together. _ . I
Opponents said that the -bill would
curb the Courts role of interpreting
Act-5 of Congress. More important,
since the bill was retroactive they
feared that it might strike down or st
least causesendless litigation over Fed-eral regulatory Brograms in areas
where uniformity essential. j
Congress rarely writes a specic pre-
emption clause into a bill.. Had BB I
become law, opponents said, it mllht
have undone 150 years of Federal rel-
ulation in every Iieid and let the states
set their own rules. Celler said it would
"take us back to the Articles oi Con-
federation. The Justice Department
shuddered at the thought oi the hilt-Ibecoming law. e ' L 92
The Smith bill was n lly blasted-
past Celler to the House oor when
it was passed easily in Jul: and was
sent to the Senate. The Senate Judi-
ciary Committee struck out the retro-
-active feature and sent it to the oor-
,where it sat beside the Jenner-Butler-bi.ll...t»...~ 1* ' - -1' '1'.-»7"~£~ F ml"-'---r-,,.' r'5.W3|n'Ttnt ae1 in t[glans would hot bairounds toinvall-'
Am a cou:mionl.'.~_-.;,_; f».'-'-'j3;=
Li Fill!!! pit the Tuesday beiore",
3,?-he Saturday" night adjournment, ene
1 -;§§.i~.1ii£¢i5§='1i2i§=i1£1-é°-§u 2a5°§;l
'~hate._It was passed and sent to confer-
,-ence with theeliouse bye sate ct 65-12.
' Jenner got his bill before the Senate
Wednesday by oilering it as an amend-
-ment to a minor bill which had been
made the pending business, -
The door light against the Jenner~
Butler bill w led by Sen. Thomas C.
llenninls Jr. D-Mo.! and Sen. John A.
Carroll" D-CoIo.!. - Hennings said that
the real purpose oi the bill was to visit
retribution upon the_S_upreme_C_onrt_l'or
some oi its past decisions and to put a
toot in the door in anticipation of future
attempts to strip the_ Court of its juris-
diction whenever there is disagreement
a motion to table it," which means to
postpone action indenitely. Hennings
hinted.broadly that the liberals wouldl,aui1ch'a itiibuster it the bill wasn't set
-rum ran Nelson bill was 5'-o_u's_1=§
p and Sen. John ls. lvicCleuan I.U':92flwith ltsdecisions."_ __ S I . ,
A - The Jenner bill was killed, 49-41, on
Eered H11 3 as an amendment C
I. ll'a motion to table it was hea
48-38. Johnson promptly forced the
Senate to adjourn overnizht while he
tried to pull things together. .' After a day-long debate Thursday
and nimble work in the closkrooms by
Johnson, the Senate voted, -ll-40, to
kill IIB 3 by sending it back to coni-
mittee. And lines they we;-|_-4 heig-_ggI_
together, the Nelson bill went with it.But the last straw tor the Court oppo-
nents was that eventthe Mallory bill
opped in the closhig minutes ot the
session, aiter it had been guided
through conference and was repassed
by the House. Glilmnf-I point oi
order that the conierees. in trying to
dene "reasonable," had added new
substance to the _bill. The residingoillcer upheld him. The Maiiory bill
and all the rest of them were dead.
The Court ght was over tor this year.
_ HERE IS the 49 to 41 roll call by
which the Senate on Aug. 20 killed the |v
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Jenner-Butler bill to curband reverse;
the Supreme Court. The vote was on a
motiontotahiethebtlL . ~ --
Democrats For--80 '* mi ',-n1. ,:_,7 'n0TB_HOUsEs were also consider-. _ J " _ _is -»=-out-is M 6 gusts? §5££':;é%'iT' ;~=~
I. would have revived the state sedition .~ nave! .Ela,92- . Maunu villa: -_ Ma flfd' iMsahi'-_ -, .lmF.'. Sm1.m?.m' =15:-'....i... -he EL- ,¢..t.%. _.j. ".+ .'.i~.l.i.;.--=n cl-1 .'su¢._
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" 1 "°"" . J . '; -_. . Democrats ,3-_.
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rides N. H.! .. I
mou=:;om:U1w|! . wanna N. o.i_ '1-.__ ._, ,_,,,",¢__;__..:. _ ___ __
.4 '-if .. ..,<-sf.E. IL 1:91 _;L. ~j 3 1, .1 '.i..'~',;].;
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Republicans Against--25' I
Ives m . L ,-éenner HY . _ 1f'..I rkrkiand ll.! ' r:'IMs one Nev. - r= -Mdfll I A; i '2.Martin I r- , *7. ft.u rt I
. Wllllams Dell -4,3,1 , tie . i _ . » ***%.'?°.:'I.,,..;r£- . I c@sL'§t'?iii'r1. i" b ifmm M' "Sn. ik -
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nnounuld In favor of labllng: Payne IR-M ,. E1-nnouocad nvoosed to iabllrlp: Frear wml.i;- . D- | . .at-tlil-' k°'sIg:92$_1r!"!¢2gQ;F!gig!!'L|!."! ea-vat; c___,,IR-Kan.h _ _ _'- 4.. .;.1.*.-writ--
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Court oi the United States hr
closing the hiah schools in
Little Rock.- Nor has. the
State 01. Vll'F{1TilRr committed
any act of . deance"_ by
closinlr FCh°O15.i .5. f j .
- The Federal Government
has not "d'.*cr" the States oi
A1'in=1n:=as and Vi!'izln'a by
S1in' "'ti1I!l plans that seek
i'"'c""h -the r-ouits a means
of ""o1"."nio.g_ the publicsci*or~'s. ,_ ,' I ' '
Each is acting .within its
can l"'92I|"'lF,l|l'lOI'lIl orbit] The,
¬XfiL-if". oi legal rights to
contest, the validity oi Si-ate.
or" Federal action is not
"defiance." -. . _
The Federal Constitution
itself pr;-mite these legalDrocedurcs. » - '
It is erroneously being
preached that there is only
a moral question" involved
and that the Statesv of the
South are disregarding it
when they contest by legal
means the orders "of a Fed-
eral court requiring "in-
tegration" i in ~the public
schools as i'er- mesa!
questions." unfortunately
the North has forgotten, out
the South hasnjj. that the
very l-ith Amendment on
which the present Supreme
Court is basin: its rulings
was born in unmorality and
"rati_ed" in unrnorality.
Although Abraham Lincoln
had always held that the
Southern States had never
been out of the Union, Con-
gress_after his death and
three years after the War
Between the States was over
-insisted that the Southern
States be excluded from rep-
resentation in the House and
Senate. So when the 14th
Amendment was voted-on,
there was no representation
in either House i!rom_many
States in the Union. '--
Also. when the'State lei!-5-i
iatures in,the South--subs»
quent to the war-ratied
the 13th Amendment abolish -
ing' slavery but rejected thl.14th A?BIldII1BII.l5,' I-I they;
had 9. rght to do. Congress
caused the ioetsletures to be
elected with roost whitesctersexcluded, and sh, With
Federal miiitany manderr
sittlniz e the Druid-'in: ms iemwr-ivrg A Em!-3 _,92-4 U
Wisdom Dmibtec] of AIte_r.nq Prin_»_ Leno Esioi zed by Preriecessors ._ 'I'l;1FB_l_iltiP:.!l-If Arne .2? as k'§s.~ssionsf' oi-the lelrlsln-§
not defled"- in- Sum-erno"._.
._ p_ 1 '
Ststesin-the Arkansas andturea,"'ratlllcaiion" of the"
14in Amendment was corn-I
Pclied; '. _f r F . ~
In case otter case the
Supreme Courtoi the Un.ited
States has nlwlyl evndedihe '_
issue oi whether the 14th
Amendment was constii.u- -
tionally "retitled". and has
said that this is a "political.
question" and not within itl
Dwer to resolve. . - - , .:
Many people are saying,
that all this happened long
ago and that it isn't Ieasihle
to turn the clock. hack-now.
The present Supreme Court,.
however, in its 1954 dseisiop,
did turn the clock back
58 .3/ears and nullied the
"settled law oi the land on
the question of "equal but
separate" facilities which had
been upheld by some oi the
most eminent men who ever
sat on the hizh court, includ-
ing its greatest liberals. _
What is "settled. law"?
Abraham Lincoln dened it
as something that has been
initially decided by the Su--
preme Court when the issue
was first raised, and. then
aifn-med -and reaffirmed in
decisions for years after-~
ward. ';~ _ ~ -
Thus, it ls settled law"
today that no State can
be compelled to appropriate
money or ,keep schools open
or do any 8.mIl118.l'-iVE_j»l;ll.il.I,
Just because the Federal Gov-.
emment may want to see .it_
done. The "settled" law on
this point was proclaimed in
a decision known as Hopkins-
vs. Clemson Collcae, decided
in 1911, when Justice Lamarl
wrote in behalf of the court:
"No suit. therefore. can be
maintained aiainst a public
olcer which seeks to com»
pei -hint to exercise the State's
power oi taxation: or_to payout its money in his posses-92
sion on the State: oblige-l
tions;- or to execute e con-
tract. or to do any aiirmatlve" "*' _ :_' -3;; __.L _._
oA
'~r.*- '--its
My 3"
decides cases on the basis 6!?
whet in desi_r:ble$ -1-the-1philosophy that if We-T_tides the means " '-Ihere.we.I
"pr-oohetic vislon_iri_ 'n _iaq92ou_ldissent by Justice EdmmWhite of the aion-cue -_
who later became Chic! -311$.we =43 he 's"rl=i=:.'T*%--'~"."-;I; '
overthrown at any time. and
Onhfilslnn and turmoil must
llIti!fiate1yl'¢§l.l!t_T_. ;'.!' ,'_._', .'
"1: the per snency or its .
conr!u=inn$ .. _ td_,-,_
unori theioersonai opinions
of, those wl'5.*!ro1n tune totime. ins! nitrite up iti incin-
bership. itwi 1xjevltebly{be--
come a .'i.neater.jLoi' 'pr_ilitical
strife. and ltd e_ctlo_n_ will be'
without coherence oi_~eonsist- .
one-.1-.1 .=:'-1. ' 1".-* r;J~.'-. -..-
Break .-down this .bél_ia in._
-Judicial continuity} and let it.
be felt that gin g'i1!atconstiq.=
tutional questions this court
is to depart _!ncim the settltd
conclusionm oi its .prcdeces¢-_»
sors. and to determine them"
all eccordlmz to. the" mere!
opinion of ..i-hose who tempo-
rarily fill its bench. and our
Constitution ' will. in my
.iud'rment. be _berei't_.of value.
and become s most ¢enger=
ous iristrument to the riilhl.s:'
and iibert1es-=Q;_-_t_rig"§gqople.-
That solerrin 'warnii-m wElven in 1895 bot cni "' Q 5 ~:','.-l ¢--. .-'3 - inii..*'-
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Assistant Attorney Genera]Ralph M. Moqdy spoke to theRaleigh Kiwams Club here Mon-th! It the club: regular lunch-eon meeting in the Hotel Sir]Walter. I _1uwq; mm the irouputhat inIns opnuon the district Federalcourt would hold the PearsallPlan consti nal. Hg rgfgrfgdto the U. .lElElTl£ Qgygg I;I judicial Oll y masque»I'a§11p__l_ e_s_ democracy L. . .
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The News And Obeer
Halal h, N.C.9-16-58.
_ ' RACIAL SITUATION
CE: Ml-3116 _' BUS 100-135
14;-=1 .;Z5Z§g§g;,4g
NOT RECORDED
134 OCT 9 1958
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t if Portraits}?
l Of cl Courtqf;
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I I hope it is not too late to remark on how the u re
showed up when it met last week and listened -to the argumen
about postponing the opening oi! the integrated schools in Little.
' No matter how much the Confederate twins-1;o_vern'ors Faubua
and Alm0ndrnay twist and turn and squirm in their evasiveI
ii
Ftactlcs, they will in the end come up_ against a Supreme Court which
has given a sign to the nation and the world. The sign was that the
court will not equlvocate and will not yield. - ' ' - _ ;
All the tricks of shutting the schools, holding plebisc1tes,_re
opening them as "private" schools with state "donations," "assign-
ments" on'a Jim Crow pattern~a_il_wi].I be of no avail. It is clear
that the court as constituted today is sophisticated enough to strip
away the mask of hypocrisy that covers the true intent of the white
supremacists, and courageous enough to confront and deiy the uglyvisage of racial hatred. '
If there were any doubt oi this hitherto, a reading oi the ques-
tions which the Justices put to the counsel tor the Little Rock School
Board at last weeifs hearing should dispel it. Incidentally, I hope
The New York Times will contlnueio give verbatim coverage to
these historic Supreme Court hearings. II nothing else gains en-
trance to heaven for the publisher and editors oi! The Times. this
should do it.! . .' .- . -i s ' -
. -1 s u e e -' - l-- V
ne got irorn this particular session both a portrait: of the
uprerne Court and a set or individual proles as each ot the
ustices asked his questions or was silent. . »
I start with Justice I-ranklurter because he is easily the most
controversial and dramatic member "oi? the court, as well as the
oldest. A number of the bright young men who have written re-i
cehtiy about the court have had fun with Frankiurtefs way of
treating the lawyers as it they were back in his old Harvard LawSchool class as students; ' ' ' :
Statistically, Frnnldurter_ls ahead of all his colleagues in the
number oi questions and comments he throws at the lawyers-so
much so that former Chiet Justioe Vanderbilt of New Jersey used
to _-t."-'ise young lawyers a-wot whit to do with the Felt: prohiern.
et no one can deny that it was Frankfurter, last week, who kept
ring questions showing up the role of Faubus in the whole Ll qai
92
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CLIPPING FROM THE
H.Y._ e Boat, so so
7th- RTITE WHAT.
]JATIj]!$EP_717195B,_r _ _ r
PACE _ ___, .-= in -
FO?.'."A'"_DED BY HY DIVISION
RE! RAGIRL SI'l'UA'IIONS
BUF1LE-
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mess. He restated the argument oi Iitlchard Butler, the Ll ' B J ' " "Ir School Board's lawyer, with the utmost clarity to sho * "
.._/!
he bond had been doing pretty well until the governor step f* NOT RE ' _i*{D!!"??!'!_!'.!5!!'-El!-!'§__ "* 1;" = 1' i ' T1 =1-_"; .'-, !T 10 195; !
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iia.">11-' ' Justice Hugo lackhad relatively tew question'salmos=t delib-E.
ateiy low, as it he were trying to contrast his restraint wit '_;.
ankiurters ioquacity. But when he did talk, as he did severe *.
, it was to say something sharp and stern, as in his questionln '-
ut Faubus' "sovereignty law and Butler's attitude toward i '
-- The remaining Roosevelt appointee, Justice William 0. Doug-w
las, asked no questions at all, thereby living up to his habitual._
chariness in making comments in court. But there Ire no lawyers!"
who are ignorant ot where Douglas stands on almost every issue 1
beiore the court or who have any doubt that he will express his,
views in his written opinions with the same -breezy and drastic
forthrightness that marks his whole public personality. Douglas-
ls a walker, a mountaineer, a world traveler, a proiiticwriter of -
non-legal hooks-a man who lives with gusto and wants others
to have a chance to fulll themselves int heir own way. ' ' ' -
In is vs - e '
_ The two Truman appointees still on the oourtJustlce Harold
Burton and Tom CIarkwere not silent in the questioning. One ot
the achievements ot Chie! Justice Warren is to have managed to
keep them both in team-harness along with Black and Douglas on
issues where in the past they might have aired their disagreements.
They are both marginal men on the court. Neither ot them is
brilliant, yet both keep- the lawyers guessing on how they will vote.
There the four Eisenhower appointees. Justice Harlin
was active in the questioning, as betits a man whose grandfather
had been the lone dissenter in the original separate but equal?
cases ol Plessy vs. Ferguson. The younger Harlan is not the lire-
hrand that his grandfather was and is unlikely to burn his name
into constitutional history as the older man did. But he will be re- -
membered-jg; his recent opinion setting aside the conviction ol
Communists under the Smith Act. - e ~ . _ e .
As tor Justices Brennan and Whittaicerthe youngest members
oi! the court, who had not been involved in the original school de~
cision, little was heard ifrom them_ the other day. But judging
from Brennan's courageous decision on the FBI tiles, and the
opinion by Whittaker on denaturaiization proceedings-c they will
make themselves heard in the long run. ' p _ -
Is In at '1 ' . 92
I have lett Earl Warren to theend, partly because he is the
Chiel Justice, partly because his role in the whole integration
controversy demands that he he discussed separately. _ e ,
In his few yeans on the court, Warren has already shown
himself one 0! the best Chief Justices in the court's history because
ol his shrewd and firm way of holding his colleagues together.
But his friendly manner is deceptive, since it conceals a vein of
Iron. The iron showed pretty clearly when poor Richard Butler
talked of the postponing oi integration as involving only personal
and intangible rights" tor the Negrzvchildren, and Warren drove.
over the fleeting unfortunate" phrase like a tank. It showed also
when he wondered out loud whether the Negro youngsters school
days would be.over before the postponement was. - -- -
Warren is today the center oi swirling and intense currents_
oi controversy. He will need all his coolness and resourcetulne
and courage to ride out the storms still ahead, and so W111 s J
colleagues. I think they will hold together, even the prima don
mong them. It is a great Supreme Court we have today, and t
not less great because it has had to move into the vacuum L
eadgrshilp ;_a_1hich_@e__§dp_nl_§t;'atjon has ._._._~_-Ln P -. 0 D -
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_ " . '. -o -...,a_ ..»_. _~;s_ ~;_ . . _,; __. . 92 - . ._ _ _ , _ _ - - .@_ --_,_,-»._--;;_-e.- ._._..._ --- W . ....¢-.. _.- _-,, A4 ___, J -_ ..- . T . - - -56- g .1-= .. 1-=5 - A I _ ';_t,;.;._ r _"-'.__.._§'_!;:*',;.,;!;r;_-e-_-_e--- .-__.l,:-- . _I I T _''~ . T" *-1*-3» .- I-~ Fem, ,,3; '|- I.-=u...{_,;,_ _. '-. . $3-."'; _; . fl Q-_.. I ~
1 L 4, 92 T '1 924- .
f C l$....!.LA¢<>N$TITu1IoI~!
. on as n A SHAM?",.:;f;;£_'._' . " Am - =-
, *3 .' .§¬;Ll_££_? in _ H 7 1-I.
.' - i »'..- -. -2- 92-.- -. , __3' ; -_'; 1.-w i _ , . -=.,.. . L f -__a,___ _...- c - r- _ ..- - . 1,-, - , _: -= ' . ' ' ' ..- - ..-. '1-,._ '-,- -_ ' _ | . _ _. 4, V. I IL I V - I
The qv¢=li:"1I it n odmtiwtion or is it n sham?! P We further nd that the Court does not accord nal-
was asked at the Conterenoe of State Chief Justices in
a report approved last month by a vote of .26 to 8.
It severely criticized recent decisions of the Supreme
Court of the United States. - = c. .. ,;_=-;_-1, j
When the Chief justices of three quarters cl the
States of the Union declare that the present Supreme
Court is overstepping its bounds, such I pr'orxn:l'l|tn;
ment is well worth the attention of the American people.
Because of the Supreme Court's ruling last week dis-
regarding the Tenth Amendment to the Constitution,
added signicance attaches to the following excerpts
from the conclusions reached by the 36 State Chief
]ustices.David Lawrence, Editor! . .. p
We believe that in the elds with which we are con-
cerned, and as to which we feel entitled to speak, the
Supreme Court too often has t_ended_to adopt u-5§_E;iE
of___p9li_c§'-maker without proper jgdiciatrestgraiglt. We
feel this is particularly the case in both of the great
elds we have ely, the extent and CI-
tension of the federal power, and the supervision of
State action by the Supreme Court by virtue of the
Fourteenth Amendment. In thc- light of the immense
power of the Supreme Court and its practical non-
reviewability in most instances no more important
obligation rests upon it, in our view, than that
of careful moderation in the exercise of its policy-
makingrole.- -
We are not alone in our view that the Court, in many
cases arising under the Fourteenth Amendment, has
assumed what seem to us primarily legislative powen.
See Judge Learned Hand on the Bill of Rights. We
do not believe that either the framers of the original
Constitution or the possibly somewhat less gifted drafts-
men of the Fourteenth Amendment ever contemplated
that the Supreme Court would, or should, have the al-
most unlimited policy-making powers which it now
exercises. It is strange, indeed, to reect that under a
constitution which provides for a system of checks and
balances and of distribution of power between national
and State governments one branch of one government
the Supreme Courtshould attain the immense,
and in many respects, dominant, power which it now
wields. . . . - = f ' '_ J
It has long been an American boast that we have a
government of laws and not oi men. We believe that
any study of recent decisions of the Supreme Court
will raise at least considerable doubt as to the validity
of that boast. .' . . ~ -'_5,_.~; ,_ _ _;,ity to its own determinations of qua-
tions, or for that matter of others. We concede that as
slavish adherence to stare decisis could at times have
unfortunate consequences; but it seems strange that
under a constitutional doctrine which requires all
others to recognize the Supreme Court's rulings on
constitutional ouestions as binding adjudications of
the meaning and application of the Constitution, the
Court itself has so frequently overturned its own de-
cisions thereon, after the lapse of periods varying
from one year to seventy-ve, or even ninety-ve
years. . . ._ ' . . . -
The Constitution expressly sets up its own 'pfOC¬-
dures for amendment, slow or cumbersome though they
may be. If reasonable certainty and stability do not
attach to a written constitution, is it a constitution or
is it a sham? ' -C '
_ "These frequent dierences and occasional over-
rulings of prior decisions in constitutional cases cause
us grave concernas to whether individual views a
to what is wise or desirable do not unconsciously over-
ride a more dispassionate consideration of what is or
is not constitutionally warranted. We believe that the
latter is the correct approach, and we have no doubt
that every member of the Supreme Court intends to
adhere to that approach, and believes that he does sot
But to err is human, and even the Supreme Court is
not divine. ' ' '
It is our earnest hope which we respectfully express,
that that great Court exercise to the full its power
of judicial self-restraint by adhering rmly to its
tremendous, strictly judicial powers and by eschewing,
so far as possible, the exercise of essentially legislative
powers when it is called upon to decide questions
involving the validity of State action, whether it
deems such act-'-on wise or 92murise__;;__92La1uc_Q£_o92n'
sgtcm gf federalism, and of local self-government in
local matters which it embodies, should be kept
r ' ' d believe it was b those who ll! mm , as we Yi e C nstitution. . . . ' '- ram d our 0 -92 Sluely, it is no lcssineumbent I-1p9n_$_h_5 _$.uPr_qn=Court, on its part. to be equally restrained and to be
as sure as is humanly possible that it is adhering to
the fundamentals at the Constitution with regard to
the distribution of powers and the separation of pow-
.ers, and with regard to the limitations of judicial power
which are implicit in such separation and distribution,
and that it is not merely giving effect to what it may
deem desirable. -' -_; r,..
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1»:-== - -
. Atty. Gen.J ,__ _ '|A
Rogers hays every
sate citizen who owes ellegi-'m%
to-the United States" has the duty
to obey t.he' constitution an it is
interpreted by the supreme court.
, ' The specific clause of the con-
ltitution to which this unimpeach-
able generality supposedly refert
' "No state shall mike or enforce
any law which shall abridge the priv-
ileges or immunities ct citizens oi Tb!
United States, nor umu any state de-
' prlve enyperson of lite, liberty cl
property without due process of law.
"nor- deny to any person within ltl{urisdictlon equal protection of the
__ This is 'h "the eonstitutihn by
virtue ofiorce. Yet with all the
powers that existed to put this, or
anything ' else, t.herein;_ and with
all the fanaticism, hate end venge-
Iulnese that ' then raged. thin
amendment wan NOT made to.92_ _ V _
I-egd;»}.E.,, v-_' 11;:--1;;-L L; ~11
'- 1~1osi11tesl1al1ma!:eorenio|-eelaw for segre ation by color in :ne schools or efsewhere, or which
shall abridge the privileges or immu- -
iii d to 1 r1elol'eit:lzen|...nol_' en? 11?person within it $:'l.!1gl.¢!@G the
qegeilzom dEsychologlcei interim-sq alerted hrim or an his behalf. 4 .
Many segnegationiptl. perhapsall, feel they are o we lup-
pose Mr. Bogen J meant,
honoring -} the constitution all
was, and still stand: written; end,
many-aulaa..are not eegregationiste_ ,1. ¢,_g___-¢_-_,___1-__-,_,,A__,;b;&. , </ ,_ _ E I p >1 I _: e ?§'=-_.
Loyalty to_the ,Consitution*~ t p 5PI 1., 1 f,_; ._ J. .
§.lf._'-.-_-, 's=;1~§"ifi;{3.r_:~_j, t__" *
tn I. - '1" _- u_,'._e,' _ , _l_-.' ll may 0.0 not nonor I clause
the constitution Ia written by the
court what amounts, in their eyes,
to a Twenty-Third Amendment !, _
it is not in disrespect to the United
States, the constitution, or the su-
preme court as an institution and 1
_as a symbol of the judicial bra1ficl1.' .' When Mr. Rogers speaks of the
founding fathers, he should recall 5*
how they expressed themselvel .111, .'-
the constitutional convention! on -
the subject of the supreme court -3
es "ju§_lges of policy of public nteas-5'ures," as distinguished from duties
and rights relative to, exposit'ion'
of laws, which involves the power
of deciding on constitutionality."The stitution as in reted zn . PPby the preme court with app1i- '-
cation I3 a state law end the coo- J
stitution asrewritten by the court '
to express "a public policy, 9; gup-
posed policy, or to initiate one, c'an 1
be quite different things. The dis-. -tinction sometimes can be found in ii
ft
the nature, language, premises and
1@§'1<'= of '8' Controversiai decision-+
-tithe *m°1_m192?'-1 Pr 1831!! "'1'.
_b"°k¬'°i'1?1'1= Q! lllten P881 hole?
stem. letablished judicial prlnciPIN. Mali; '»nbIe plswy-tp;1_-5;-_
whose "allegiance to the 'Un1te'd"'-Qteton" ieunqueetlonable, and
remain have found this_ rAlli plain-in ~1-r_ 1'*1| 1*_~ -W? IL,
@¬-Q.-ii
Mr. Tolson ..._..___
1'vl'l- Br!It1r-nC.........._
BY-l:r
Lil. K ;s=? _,,.,,,,,
MI. Tm -' :15
Mr. i. -sen
_ _ Mr, Time!!! ... ...-. -MB '1': '.i['l I '-we
Mr. T-'1'. .'-full;-rim
Tele. Ronm_,_.._,_,
MI. II-ell:.r:'.an..._,
Mill Gaudy.-.-.-
|_______,
92.1
T13
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Fug: i, Eco,§,§o.i
630301 I. HEAL! J9-81-50
Editor
' 4-
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would ea the rameron r-'_ 34¢ e " 'tlon decision, 1" ,.,_ / ~
59ocT t use7 1
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_ In the course his recent. onstitution Week" proclama-tion gov. J. Lindsa 'Al.mond -an ¥irgi_p~le:nrto frestudy
the concepts oi our amental Law to'tl'lPend that each
of us rededicate ourselves to the vital principles oi Iovernment
upon which this nation was founded. - e . IC Rliliiigiifj I aw of Land.
ju8t I3 I 800d MCI» 101' BVHTIDCI, 110$
-'<-.'-..-' --=:'¢:':r:¢;=.<:"- -
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- 1-:-'-1.;.-;~:_:;:;:':;.;;;- . '-I5- - . -".:-- =15.iI555;E§j.jTfE,;:?3E:»;:-=. .-- it:2.-" .=::=' . .> --- ' .-2=;1;i-..~»':>':r;r.;-:=-- £5.
,=.._ .~__ ;.,.i.-, _1:.a.- .. __-,
i Jmandates. ' '4 r. .
D*' m °_ d . A This has been s serious 15$ because it 92
has lett the neld almost entirely to, those_ whose jim"
been to ooniuse the issue. For example, the attorney for the,
Little Rock School Board argued-unsuccess!ul.1ythat the.
Bllilfmo Court ehuld delay resumption oi integration there
because the statements oi Gov. Faubus as to what was andwas not the law had "confused" * 1 *** e --'-~ » *
the people of {irltansa-e. . W
All this makes it useful, in-
deed, to restudy the principles
end 'nr.-visions oi the Cami-itw
tion and to examine some ques-
tions the answers to which may
have become obscured. - 7
QUESTION--Is It SupremeCourt decision ioiof " C
ANSWEB._'1'he United States
Constitution is the supreme
law oi the'land." Those are
the words oi 'the Constitution.
_ When there lea dispute over
whether any law or am action.
state or Federal, violates the
Constitnthni, the Supreme Court}
is the iinal arbiter. The SupremeCourt does not pass laws but]no law can be contrary to the}
Constitution./and the couriqiimiiy determines when the;
Constitution has been violated.lit he; determined unanimously
that separate schools are not
to he iorced upon an! Irou
oi citizens, in this instance .< '-'-F 1 -- ...-.._1..h.'-J-._4-and-.:_'One reason it is a sooci idesis'i.hiir
in the matter oi! non-discriniinatlon i_n the
use oi public facilities-tre.nsportatIon.92
1 parks, playerounds, public sc_hoolsthere1
are Constitutionai principles Qzhich need
to be better understood. .; .
It has been tour years noiv since the
Supreme Court handed down the school
integration decision. Until Attorney Gen-
eral William Rogers spoke out last weeirI do not recall that any high Administration
oiciai had come forward with a iull- ..
_ __ length support of -the role of the Court
and a reaftoned appeal tocarry out its » ' wssnrnomon e
'l"Be¢__;.i_ II;---5 J--1-I__ 5-1-L D1-IP15-92-I15 92J92I92-l1'92I 92-IU-il-BIUI-I II
binding on every unit oi'gov-
ernment to which it sppli .he Supreme Court em en act 01' Congress unco it -onal and has many tim
It can, decide that an not 1the President" is unconstitu-Itional and did so when Presl-
dent Truman seized the steel
mitts. It can decide that state
and local laws are unconstitu-t_
tionsl and has done so several
times in cases of segregated
51!-11890118-$1011. nlayirounds and
schools. -. '. - . - .~
Q UESTION-Bu whet author
tip does the court exercise this
power! _ -
_ e92N8WIl!t_By the'-";":!r"' ,'__ "'.'1.;'.92 ,;,£,.,.-.'- .. i new ~92F-I4 <1 ,a|t-|,ae-ea--1 '_ '.-:' .9 '. .24.. 92-I- .'-. - .» i - .y £1 i _ 1.1 --""1"':$ 'o-i_e{ av. 1.is-se! . C 'Z """ "' ' ' ' r "-:4-'i . ' -:1 ' ' ' ' e. . " -. i- - Y J. -5:I r ' ib K I .;;"'i" ; M '3' -if0-
'* 13-to-I W
preme Judicial! authority in
the Pedersl it'.dlé|.s."! $1! 'J_1
role of the supreme Court was
reeocnized by Controls in. its.
passed, __ Attorn GeneralRolers p.o'lnte outfit a timewhen the framers of the Con-ii
itu o wereamon the moltat ti Ii I
prominent members at Con-1
rress. This sliecicall!alrms the axrfority ot_ me]!
court to determine when state"Gondy
1/-
xlg sfWlaw violates the Constitutioni
QEfESGI92Tis oii opposition
to the Supreme Court illegal?ANBWEltO! course i
decisions is perfectly proper
perfeotly lenl. It is -only
refusal to obey the courts w
is improper and illezali For
example, it is illeual to refuse
to obey a court order to admit
an applicant to the public
schools on srounds or race. It
L1 ie!aLe1Lhoeeh 101*}- 5.5!.
more people are having second
thoushts on the wisdom oi this
action-i'or a state to eloie its
schools to avoid int-earation.
The Constitutional recourse
i'rom' a Supreme Court decision
is towork to aniend the.Con-1
stitnticm. - t . . I
QUESTION ... Do Supreme?
Court decisions oaoinst oom-Criticism oi Supreme Court
own
rulsoru seoreuated public {moth}itics rest on rociot eq1ta1ityf_
cision rests" on the concept
equality or citizenship. -Y U
rlt' Judiciary-;:'Act of _..l'I8_9_-
I?
. ANSWER-'Il1e4ssweo{raclel>equality is irrelevant. '1'he deél
_I! ' win-._'_' "~1958 N.Y. Herald Tribune Inch
if iA92f»__ __ I ,_-d~:~':~+nq - --..:-:..,~|---1-L. 1% ;92_..-1 V'x~ r '3'-' A
' .........e.....tn;.a"....i-s.*" "
GOIIIIQI. .1-..{ '_ ~ v__=_._*__-___=._"___1
- The Constitution nieces" su--,lmont .._.._
Oh! -74¢
Tomm _
Trotter "
C. Su von
Tole. Room .;.
Holloman __E.BGSO._Pdrson
Rosin X
Wcish. Post and ___.
Times Herold
Wash. News _._.-_.-
Wash. Stor
N. Y. Herold L
@ '1.-IL...-.-
IY. Journal-._._..S American1 . .
IN Y Mirror
N. Y. Dolly News ...__.
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I,
ciiana has cums 'i'ez-wai-d'i1tli
-§-a-~nnv"ei solution to the con-
2
i
i4
K
ii-.
F
itroversir that has arisen as a
result of recent decisions oi
the Supreme Court oi theUnit-ed State-e.. " ~-
I _'I'he Indiana jurist. who
has served a_ term as chief
Justice under the rotatlnl
system in Indiana, was re-
Bporisible for the resolution,
presented a year ago at the
Conference oi! State Chief
Justices, which resulted in a
comprehensive report op-
proved last month by 36 oi
the State Chic! Justices, crit-
icizing decisions or the Na-
tion's highest court. He rec-
ommends now that there
should be a. new court set up
by constitutional amendment
ch would be known as theQggurtqof Constitutional Den-__fIgQ,._' ..' . a letter to this corre-
pondent; Judie Artei-hum
presents a plan which, ii it
had been in eect in 1954.
would have prevented the
present dispute on the legali-
ties of the segregation-inte-
sijatlon question from de-
veloping at all. His letter-
makes no mention ct this
issue but isconi1ned solely
tc'.rcc.ent reversals or its own
rulings by the Supreme Court
of.t_he United States in cases
concerning Federal-State i'e'-
lationships. e
Not. only lawyers, but.
thinking laymen all over the
_Nation." writes Judge Arter-
bum,-~ are disturbed by the
tendency to regard the indi-
vidual ph1l0Bi?Ph¥_ of the
Judges of the United States
Supreme Court as the law
of the iand'_a,nd 9. substitute
for stahleand xed principles
oi construction and interpre-
tation pt the Constitution.
'Wh'en_,1png-established deci-sions andprecedent are over-
turned. xvii" Jnwrerl 1-Miudges _nd ourselvel inEcharted sea, with nothinaguide us. subject to the
vagaries of _a_ dislocated com-
'-Plss. . .'." '~l *" P
" ., 'ihe'ira1ner's oi our Con-'
stitution did not conceive oftqgiq the orsanic structure or our
*92 92.'i*°'.i?"=e'*'*_=."e.Pi*¢.°°i . s t. . i*-=n¢=-=".-
so so 301956Ki: J,
_.-..:;".'i1i'|§i"si 4». ...*,m.....ii .3 ts... §=;i' ' iii_j.'-__Co'iiStit _o;'_Guide for C.o|'.|rt_T_f:_f;_:"'?_ , t,-'» -. I Ii 5! :1-1% Supreme of In-putty um could he momis
and shaped as times chanced
until it no looser resembled
the original i'ramework..'I'h¢!
relt they were buildins a
structure of solid permanency
with the opporturut! tore-
model er make additions
-through the amendinx clause
only. There has, however. de-
veloped in this country a
legal theory that the Con-
stitution should be stretched
to meet any contingency re-
suiting from changes in eco-
nomic and social Progress.
Those groups use the catch-
phrases and cliches ct a liv-
ing instrument. srowina with
the times. The iramers oi!
the Constitution gveuid have
made provisions tor" such
stretching ii they had in-
tended the Constitution to be
altered other than, tlu-ouizh
the amending clause. . '
I The United States Con--t92.. ,
"76 dwilio ! Trotterhldh I.3-3.? ' f,f;J;_t,;".-_' . .. 'lolaon._._.._,
cl./s;;;;.;':u:Boson .._._.._.
Toma:
_nd w.c. slllllvdn .
the Constitution becomes tor
all purposes a part of the
Constitution as -it. written
therein. Any attempt to
change such a meaningfby
the United States Supreme
Court the_rea£t,er'» has thee
same eeot as amendlna the '
Constitution, althoush not
done in the method and man-._
net provided in the Constitu-
tion. I -contend that the
United States Supreme Court
has usurped a" right to amend
the Constitution by changing
its established interpretation
and this is done in violation
cl the constitutional provi-
sion for amendins the same
set up ior the protection oi
the States and the citizens
thereof. Something more
than viewing with alarm is
needed in this crisis sincestable constitutional govern-In-
|_.
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F.
I' The man speaking, big
hands folded on his long
oak office table, his tone
that of urgently wanting
to convirree, was 3. Lind-
say Almond Jr., Governorof Virginia. P K
The Constitution saygfthis
Constitution and the laws of
the Urdte States which shall
be made in persuance there-of. shall be supreme, There's
a big dlerence. : K
But tsnt thee court therefer of what the Constitu-tion ya?" tasked one oi two
reporters at 0. private inter-view. . ~ t * .
With potntlng ::g'e1'ne-er boat tr?
atrue and apply, not toamend. l . --. ~r_ -. - .
E
A_; '. '
We're deeply convinced ot
our constitutional argument.
The 14th ' amendment was
NOT intended if! apply to
schoo1s."- - ~
Are you saying as a prin-
cl le of government thatgear-1-In-court makes a rul_ _ t ___%______, _,._. _ --~1..-_-7 e -:41-,4.--; -_-1r-_-- '* '
J I '
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w"IIrII_ETI-IIl-r4|1yI4ra-:pw_n:1- Lfspee---:? ?!§ Ay! ¬wm __r__,,_..-,,___.e_. GIQDDBRYIEW WITH GOV ALMOND " "13 A
-I Trotter
~f LC. Sullivan . rt isnremr .
,,,;_ , . __. , ,,._ ~__-.- _' ,3 _;.__-;_ _ _'_ ,_ __';.;. _- . _ng_DONaI.D HAY -3,-r 6-_~~::_ 1'-1; 92;__'£f-- .="?§1e-;'_*-:3? ; _l if-. I. fr-" 1;" _fJ'-;%f.; . - V Hollomon .___.
RICHMOND, Sept, 26-;- The S silly and dangerous philosophy."preme Courtisnot supreme}, a ;" _p 1+-. j, : _~ 1
. " -- Zn.- lthe people have 5 basic right- not to .to1iowlt?". _ _I "When all history si1< sitis . . d hto $55 it: he? O? t_-..aE;/-Prt ot its people." 1 "_ _ IF'EEnmG_ - _ :"/
There are areas where
people feel very strongly. It
would be generations betore
they would Qgp tegmU h '1
- .."-» -. -- .-'1 -'.'.-*"-"!K'!~'1'$?"3"""*'~92~. ._ . .
. , - - Tolaon __..._
"'1l1:r' won't eleet otttciallwho ow integration. Their
uries wouldn't convict me it
-violated compulsory school
attendance lawn. You would
have h=.:n¢~e:.: and l-.u.-ad,-edssot parent: "who would say'!°- ~i7_I.. ".:e1-,---" =1.-.'.
- 'fYonsee*;i1wesa:Twe'1l
try lt-lt we say integration
ls the law at ~the land-we
stl couldn't % lt in
areas. - P __ _.A-
- The only way, to' settflothis is bar a new constitution-ll amen m¢nL'-' _'-I I 1 -
fmaennv" '2 4 ; *
~ Earlier yesterday tI1e.g=ov-
emor told a press eonterenoe
the supreme tragedy lsthnt
poor people, white and color-
yed. need public edticatlon Ind
jlT18Y.be without it." He said
he has "no timetable tor 11-
openlng schoo1s._ ._
In his otoe Virglnh Emhold the line it it has the 51.32-'
Tnen, a statement he has
made before "It is a ques-tion ot authoritzl v e rs u s
power. They t e Federal
government! have p o w e r,
maybe enough-ll!-Eln itW _ -1qs_ .w?1*g11.s1-1nr..r_=i¢1g_"'Y9P*!J.1°"- -4°?" 1"" - =l Belmont ____
Mohr4~w~-$2,?
5 Tole. Room _.
Gondy
W~
Josh. Post and ,____
Times Herold
Nash. News ._sL__.
Nush. Stu! ..__..__._.
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from the malority consent of _92
, the governed. Whe urt
RE
i 57 001141958 . ,r "92:~_ =6; l bi -i-*_¥._", My __ . _ ' - .5: .'V '4-'-Luhq-e.9292I-92'v.-ur= -one -.|¢aj..§...,. .1'f"'-.C.1 'it.Js-=~~'.uv.:ntt-i»....4s..»;.:_.,. ". 1...-rs. u.a..$:.-.-_..-......_.- T018 on :
Be1mont M hNasé . Parson6} A _* -- / 5' ~
F-.z_-r.".' >4 - P" ;--Q"-' '1?._|.i.
It was refreshing to -read
The riizhest Lew" as so dbly.
and logically written by John
F. §stteriee in your issue of
Sept. as._. . rt»-If time/doct.r'ine of Attorney 'General Rogers Resistanceto Court spells march?" be -accepted u s truth. then.I§y'Ul_u'F§Tr':'g Courh _ é Y
I ask does the poweror our upreme'_ Court dierfrom " m -rt,Kremlin? Ie it not true that
even our Justices have dieredfrom each other frequently?
Has not the present Court '
resisted previous Courts when A
they reversed existing de-cisions! This being true, sure- i
ly Mr. Rogers would not. com T
elude that the present Su- 1.
preme Court is composed -ofanarchists. . . f
Governing power comes
nsnyco 3usurp; power from its own §power rather than from the -
congressional representativesor the people, that court looses "5-_.,,._.f'i_;;.7. the _con.fidence an _ pport of = the governed. ' ~> ~ ' jg; -. __ WA _ . ~k" ,__ H I _ - ~' ieea 3__:.'.:-__i|
_ , N. Y. Daily News __._6-Z-17$/5"g' N.Y.TimeaE0, . Daily Worker -.._.__.__
N RD ED The Worker
om 9 may up New Leader
its-i -ii i-_ DCIIG
J-._.c_c _, e__a_ as ___ so__ Boson
I W -C a II
Te le. _
I-ioiiomanTamm
M Trotter
Gan
/§*>
Wash. Post and /
Times Herold
Wash. News ._._.___
Wash. Star __..___
_. - N. Y. Herald _ _
Tribune
N. Y. Journal--.____
American
' No Ye
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i9.19 Rev. 1-1 a-so! ' d
__..- . __ -._---:7.-z.if'' -- T "~ I' -' re curt loses the
THE Supreme Court has removed the
ln on that it might
relent on integration"; or that it might
countenance any of the various schemes
for "getting around its rulings. .
" It not only rejected the anti-integra-
tion maneuvers of Arkansas but tele-
graphed its punches to other states
which are similarly inclined. "Deliberate
speed permits time allowances for me-
chanical arrangements, but admits no
delays merely to satisfy the antagonistic
sentiments of the communities involved.
Other ways to avoid admission of
Negroes to the schools doubtlessly will
be tried but legally, on the basis of this
decision, they are doomed to fail. -
Even more importantly, the court
dealt head-on with the question raised
by Gov. Faubus as to- whether the opin-
ions of the Supreme Court are the law-
of the land" which the Governor and the
citizens of Arkansas are bound to obey.
In this connection it cited Article VI
of the Constitution which says that
"This Constitution . . . shall be the su-
preme law of the land and the judges
in every state shall be bound thereby,
anything in the constitution or laws of
any state to the contrary notwithstand-ins. -{.., -_ - N . '
It points out that Arkansas officials
including the governor are sworn to
support the Federal Constitution and, in
effect, holds them in violation of that
oat-h~_- -- . - 1
,92 ____._ ___,___s_.,,-___, -.i;__-_.-ts 1:--._'-:>--In-»-a._;a_.'._a..._.r.. Ls-7 V 1 sh, .2-oi. lee. -- - -'-1-Q
1
it ,_-, --_- 92_ _ -_ ' ?_. it-$ - '
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_ -F, -"f"~ . '1" H.-. - I-. 4'? ' ""-1.________¬__,T-1,.--~ 7 .,T~_ _.,._. . .
_ Also cited is the opinion of_Chie_f_Jus-
tice John Marshall, speaking for, the
unanimous court in' 1803: It is em-phatically the province and duty of the
judicial epartment to say-what the law
is. That principle has, as the court
observed yesterday, been respected by
this court andthe country as e. perma-
nent and indispensable feature of our
constitutional system," for the-last cen-
tury and a half. "l ' " '
have questioned Supreme Court author-
ity ever intended anything beyond a
delaying action. Without a judicial sys-
tem acting as referee? of domestic
differences, orderly government wouldnot be possible. ' V . _ . - c
The question remains: How is the
court to enforce its orders? This prob-
lem has arisen only rarely in our history.v' "T lson y
1mont%F
ohr___P¢Nease
Parsons
., Boson
r _ TummI ' Trotter
1 W.C. var
' Tole. om-
i Holiomcm __i V Gondy __.._..
0
ii,
>,@ea-Hm
Doubt is justified that those who_;* '.l
I
1:
When stateauthorities default on or--
defy a Supreme Court order, enforce-
ment is an obligation of the executive
branch of Government-the President.
He obviously intends to fulfill that obli-
gation holding, correctly in our opinion,
that he has no legal _.alternative.
It is to be hoped that _resisting state
officials will now be able to say to their
people that they have exhausted all legal
recourse, that they must now -accept
the validity of the decision and try to
live with it, in a government based on
respect" for law it should be possible to
work out of this situation without fur-
ther resort either to violence or the use
of troops. ,_ - ' - ---'-"' 'a.5' .0
Wush. Post and _..__._
Times Herold
Wash. News A
Wash. Star _.____
N. Y. Herold ..__...__...
Tribune
N. Y. Journal-..___..-._
American
N. Y. Mirror
N. Y. Dolly News .__
N. Y. Times ____
Dolly Worker _.-.__- ---e-1-1|--n
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in violation of that oeth. ' -- ' " t tn mus 1$2:-mg ihe Door 4 *1-"~ °...., i.é :..:;;.¢.i"..."i....,,.. %"ii..!.§,;§i°i§h esupreme Court has removed the last Federal Constitution and. in effect, hold: the
1 t suspicion that it might _:-eient on inte-gtiua; ore that it might countenance any oi
the various plane for getting aroundih rul-
meauvera of Arkansas but telegraphed its
' punches in other states which are eimllarl!
inclined. "Deliberate speed" permits time al-
iilowl-Incei! tor mechanical arrangements," but
,~ J admits no delays to satisfy the opposition oi the communities involved. -i Other waye to avoid admission o! Negroes
1 to the schools doubtlessly will be tried but le-
t gall!. im the bl-sle oi this decision and ae long
j as the supreme Court ie composed of a ma-
Jority with the present view, they eeem doomedmint _ "-
iinze. -} It not only reiected the anti-integration ma-
I
' - -~l_ I . Q '- A
The Court dealt head-on with the question
raised by Governor Faubue an in whether the
iopinions oi the Supreme Court are the law
pf the lnnd_whlch the govemor and ¢he citi-
zens oi Arkansas are bound to obey.
= In this connection it cited Article Biz oi
the constitution which can that: l
This Constitution . ; . shall he the eu-pxme law oi the land and the Judges In every
e ie shall be bound thereby, anything in the
notwithstanding. , .e._,,__T __ _, _ ,__1_Alec cited in the opinion of Chic! Juana
John Marshall speaking to: the unanimouecourt in "1808: * _ ' " '
"It in emphatically the province and dutycl ti; Judicial Department to may what thew " -. "
That principle has, the Court observed yes-
rclay." been respected by this Court and the
ountry as a permanent and indispensable
eetureoi our constitutional system," for theact century and a half. r . l_ _ '_e 0 -The qu-esLo'.i re..'z92.e4o.e: ~._ 7 I u 7..
Howie the cam to enloree lie orders? Thll
roblem has arisen only rarely in our hlaotry.
when state authorities default on or defy a
m or enforcement is an obli-Ea o c execu re ane iovernmen
the President. He obviously intend: to db so
in this instance, holding that he has no legal
alternative. - .- _
It Le to be hoped that resisting state oin-
;ciale will nowibe able to say-.to their people
that they have exhausted all let!-l recourse,
that they muet now accept the validity o! the
idecision and try Bo live with it. In a sorene-
Qlesible to work out of this situation witho tvnstltutlon or lawn of any ataie'to the eon- immt Mad °n W599 T kw it 5h°d
ELEE I 1
1- it
THE HOUSTON PRESS
9/30/S8
Houston, Iexneurther resort either to violence or use
WW--"-' ."i 1 . . "---92F=_.a-en--iv_, ,Ll_1_ hii; 92 E
~ ct?-.,17r-ZS-'_,g,I.
I
92
1
_9215_§ersr%i-IIIL er. tti br ho! ti
i
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3r
Mr.
I -_'__" "" _"'-1---i. Mr. Q67 --
Mr E56
M Mohr
M . Neeee
- Person
fr. Rosen _
Tam
Mr Tran,"
Mr W C Sullivan
Teie. Room..
Ml I'!U"T!1.n____
Mina Gandy______
I
: supreme lavq of the land." Since it-Idol I
/:' W
/.w;1:.*;zaiai*2el1~~@:<:
_'.r_ '_'so;_m__m¢ nu oniliKhan down an opinion conrming
iits ruling of September 12 on the
Little Rock school situation. Inother
f words, it decided how it was going to
9 rule: and then searched 10: reasonsi -tn justify the notion. ~ _ "_
_k- From what hasllbeen published of
the 17-page opinion, it appears" the
Supreme Warren Court spent eon-
sidereble time setting itself up as the
has taken it upon its-elf. to change in-
terpreation of laws to meet changing
s iological conditions, and has de-
c red itself the supreme lawmak
the land: Congress had bett
p tect itself. Congress has pre -
,ousl3r felt it should legislate to meet
' changing conditions, but _ since the
- Court now says it um do the job] and
* is getting away with it, Congress is
in dire danger of loss of all power.
In the opinion-, read by Earl War-
l'9ll,i§"l'01l11dW01'k' is apparently laid
to try to remove state officials from
ice. This sounds unusual, but thei Court must have had something like
;this in mind when it said that no
istate"-oicisl eon war against the
l.Constitution as interpreted by thei" Court! ' without violating his under-
-Eitalcinir to support it. . . -
, This can be constiued as not rig
I than s warning of further c rt
a ion--or an invitation to som ne
to tart proceeding to oust all So h-
er i.oicials opposing -the Courts
stand on integrétion. p_p__ p l .
q
/5_-<7
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H
92
l
iiW
___ ., ,_-_-H,¢pQr||lul~nL..|.'1-_>-,>.-=-,1 ,, . ' - - .. ,5-Furtiiermore. 'I'_l:ey pert of the
iiiuhlie. Due osnnot believe the Court
l whmerely careless in this-respect.
,'i for such carelessness would be inex-
R; cuseb_le,i especially slnoe the Courti'h'sci'V6I'§' mdch in mind the private
',_sehooi_'lssue r'ais__ed ,1 _ Littll Rock.l In other words, the Court has now
l one muclffuther than even its fond-
st supporters probably hed. Byhoiee or ,wo1-ds here tlTeaSup1-eme
e rolment policies of private |.s.well
»~ as public schools. " -
i ~ = mum. one csn"only' say tn t
s of now the Court has set its f
p s the_Constitution.} W
r
l
7
1|
|
£'»'t"/ -
iluun-0--u-one--nu-uni-u
J1up enP,gn1hlls'to masher silliness» I|,!»w==i schools. i.e."p1-ivste end»
_ urt has assumed juiisdichon over
4 8f»¢»L-Q?"
E ilk-
Goluibis. S <3
1 mos £.£:.!.:LI.d?......-
is
" |@2-925; H-
, no-r seconnen
_ " 199 NOV 3 1958
i
"tn.
Ia.-E .'. .- .,.92'trsl-
; .-.5:R-I
.5
Br GEORGE L. WALKER
5 Correspondent. The Detroit News- ERAND RAPIDS, Oct. 1.
- gtrong criticism of the
118- echoec
here today as 1,500 lawyers
gathered ioi-the 23rd an-
nual convention of the Stat
B r of Michigan.
1 ,_.._?_,_. .
f i t the same time. a mem rozthe Michigan Supreme Cou ed revision of the ,state's
judicial system to grease the
wheels of justice and ease the
iburden of the state's highes court. S
Supreme Court Justice Talbo
Smith, Ann Arbor Democrat
said the state needs appellate
courts ranking between th
Circuit Court and the Michiga
Supreme Court.
Michigan is the only state 0its size which does not haveiiof our constitutional system
appellate courtfs-which. Smith-and £811 lead to destruction. .5aid_ makes it "w@egu11§ ink- Judicial activism is subver-
irlg in the administration of Isive, rst, because it replaces
justice. -i
MUST ASK LEAVE
Under the present system of
Court, Smith declared, a man UNDERMINES FAITHI
on 3%
i or, Hears High Cour}
Assailed and Defendedo S
_w_h" b1'° 3h1 U19 5 o ri to discussion, Justi ius ces to their feet was t
as tion by Pi-oi Philip Ku 4 . , San that a philosophy of jud -Hf; ,,;;E'§,§;,f;;'§§ " "1 ~
cial ctlvism" now has the up | nd Mr. Kurlgnd. use ofper and in the U.S, Supreme he word .subvemi", n appnedi
C1g:.g'D0IlEIl1-S of Judicial acii--Ito the us Supieme oiurt isi
vism," he said, argue that the
court cannot escape politics-
thereiore its political power
ishould be used tor wholesome]
isocial purposes. 1
mrs MEANS, NOT RESULT L
Prof. Kurland said he oesj
not regret the rise oi this -;
losophy because of its results.;
tor by and large I would like?
to see achieved by proper
means the results which thei
ijudiciai activists have achieved
by improper ones." '
"I disapprove," he explained.
| because I believe that such
ijudicial activism is subversive
§a representative i e g i 4; 1 a t tire
with a group who are neitherii-epresentative nor responsibleito anyone but themselves.lGi1Ee Edwards of the Mich '
. i
direct appeal to the Supreme
convicted of a crime must first It is subversive because it
ask the92 high court for leave undermines the public faith in
t0 HPDBR1. the objectivity and detachment
Appellate courts would be-1-5 of the court, without which thequired to take his appeal direct- court will be reduced to an im-
LY and thus ease the burden of. ilintei-it body - - -
preliminary decisions on mefl Arid finally, 1 find it sub-
56state's highest court, he said.
Smith made his remarks be-
tore a meeting of the Michigan
Conterence of Bar Officers,
which earlier heard a Uiiiver-f
sits oi Chicago law school pro-I
fessor describe the U.S. Su-ipreme Court as "subversive." -'
3 DEFEND HIGH COURT '
Of lhe Professor's mouth who -
lI.@e Democratic members 1ver ve because the exercise of
su naked power invites ii re-
pl in kind from those on whose
do ain the court is infringing."an unhappy one, he said_ Iii
seems to me that the general
Chars: without lppiYlnB it to
pecilic cases is unfortunate." p
Prof, Kuriand replied that he 1
as not suggesting there was
ny atliliation between the court
nd totalitarian groups, but he]ed the word subversive in
e sense of "undermining," U
The two other members ofbi/'
e State Supreme Court wh
E P in defense of th
. l_ Supreme Court wer
es Eugene F.
as M. Kavanagh.
in
1I
- Q
hen the meeting of some _
56 bar officials was throwni F ,- ,-I/Hi
W
'92 .
92
92
o /
_t _,l"9,
_ 4' K
92
-~
a.
The Worker
! The Daily Worker
ii ! Glos Liidowy
Narodna Voila
Romano! American
Pi[*t5§'U?'f;,'ii Courier
|',',';;~_§;;n Chronicle
n;:nEt Free Press
D.:_icIt iievis
B--:35: Tim"S
lfiziilgan Daily
Wayne Collegian
gag Edi
Page Cilil-il'|'l|l-4:
" l.}/- "I
NOT RECORDEU
The Words were hardly o in 133 OCT 14 1958
1.. .._. .4... ta . §3ggT15195a __--- 8 D e Cour , --'1"Elf the oblect oi recent crit -, . d
Sm, r0_se in defense of the ha-Nt ns highest court.
L._
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we:
3!
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Hm
_-:i.1k"92='
'--_..'.".1-er-..n92.92
sieve-- --M
C; J
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I.
r.
Mr.
Mr
Mr.
Mr.
Tele. Room
Mr» H0ll0mI1l.._,
Mil! Gnndy______
-1-
'_ -"'_"*'i-vii-1'
ht - I
I ..-3, .1...-
High iCou'rf_ Filesjeiensivé riefO . t-THEE? SUPREME 03%? is sticking
rmly by g ag tracialiy seg-
regated schools, but the -not
blithely ignoring charges that they are
rverting the Constitution and abusingdicisl power, ~- - 3 - - . .
- --The lung statement issued last Mon-
-day by the court was much more than
explanation of the I..ittleIRock school
ecision, It was a_n elaborate defense of
e judicial department: prerogatives.
- _- The eourt is aware that it has critics
er than the opponents of school inte-
gration, and lt_ has seen fit to offer the
-general public a briefein its own behalf.
It is publicly appealing for support.
Defending the theory that it is the
proper interpreter of the Constitution,
the court cited John Marshall's dictum
that it is92"_enipljat_ically'the province and
duty of the judicial deparunent to say
-. hat ,the is..' And it pointed, out
at this>theory has prevailed since 1303.
In response to the charge that it has
iolated state sovereignty, the court citedArticle v1 of the Ooristitution which say!
that laws and treaties madeunder the
Constitution "shall be-the supreme law
of the land. and the judges in euery.stne_
shall be bound .thereby,.anything in the
constitution or lews of any state to the
contrary notwithsta.nding."----- - -
While defending the prerogatives'o_f
the judiciary as one of the three
branches of the goverhment, the court
offers in justification of its school mixing
decision the {act that the three justices
who have been appointed since that mo-
mentous decision approve the ruling. In
effect, it says to its critics, "You are
questioning the wisdom of not only the
nine present members of the court but
of three retired justices." _' . _-
The Supreme Court apparently be-
lieves that those who are criticizing-and
defying it are rnenacingthe fundamental
structure of the overnment. Speaking
-ht large to study is defensive brief and1
foirthe judiciary, has asked the public
give a decision in its favor.
~/5i"5cw 31 1958 W, --- J '/-,~'.'1 V-14fife/@" " teak
Mohr
Nease-*7
Parso .Rosen
Tamm
'r"'1ttI?P ._.__,,_
W.C.Sulilv:n
#1-4
92
Editorial -
"Dallas Times Herald 5
Dallas, Texan,/J-X Q .
Felix R. Icltnight,
--1.,-1nor neconoeo
133 ocr so 1958
-Executive Editor
l
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'92.',
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i_ __. ._-..-_-_-._-.-._..___...._-_...._ _.....s__...__.__.____..-.__.__., ...__... __. ..- _ .
."_
BS--8Q 3
la _ ,
l Mr. W.C.Sullivan
Tole. Room
Tl-fr. ll1]!.'rnan__
M:5LQBHLl[;<;i Mr. Tolson_._.._..
Mr. BelmontH Mr. Mohr M1. Ne _
nil. Pay-5
ll Mr. Rose
Mr. Tam
Mr. Trotter _,.___
,.,|,L-_,-_- . - -A __ T. _-"1"," gar» --- Mm. __ _, ,__ _ ez..mDeputy Attorney. C51-'eral Ca|ls_On B'a_r' i
9-V-__ In. .___ -u____ nu__inc ueputy Attorney ueu-
eral of the United BtatelThursday caged on lawyers to
protect th Supreme Cour
from irrespo e c "
which. so said, has increased
greatly the past year.
Lawrence E. Walsh. speakin
before the New England re
gional meeting of the American
Bar Association, said such
overgeneralized. reckless criti-
cism" had increasedaiter the
Court. made declsions-cached
with great courage and after
long consideration" in favor oi
varied minorities.To Guard Court rom Reckless Criticism
alsh singled out the segre-in eitner fruliurnve mat uruur
or stand aside while the order
l.s frustrated.
The deputy attorney general
eplored formation of a na-
lonal police force or centrali-
atlon of police owers - a
thing he said might happen if
he federal government always
ad to take over in cases like
that in Little Rock. .
HE REPORTED the Little
Rock's recent, referendum on
school segregates was "so
couched that it was impossible
for those to win who wanted
the schools opened on a pal-
tiallv non-sesresated basis."
gs on decisions as an exam- He asked the lawyers to ed-
pl He said once a court order
h been issued Ior integration,
t federal government must
step in if state forces are used
51ucate people to respect the
Court" and especially singled
out 61 Little Rock lawyers who
advertised in that city's papers
53 0cr14 1958to elarifs the -58%. ' Y
sue.
"The! took their professional
standings in their hands when
they did so." the deputy at-1
tome! general pointed out.
"It's basically a problem of
education but there's no spe-;.
clfic solution," Walsh dec1ared.l
It can perhaps best be done
by people with sirdilar feelings
on certain matters as in the
South! showing their neighbors
that they still respect the de-.92
cisions oi the Supreme Court."l
He said the ABA might well
establish a committee to carry
on such an educational process.
On the subiect of preemption
f states rights by the federal
overnment, Walsh cited the
teve Nelson case in Pennsyl-
anla. Nelson was convicted of
sedition in s lower court but-.---A r92
--n_,.-,,__
Io Leis decisions - ._,.'___.___ o -sue
of lly those resulting in
1 oi Communists
p ple who earnestly love
co try have transferred
h ed of communism to e
C ." the deiilltll attorni
general pointed out. "In their
bludzeon-like attack on the
Court. they have asked over-
generallsed legislation and
tended to overlook due process
of law."*'I'he attack on the Buprefheilo9"-urt ha not spent itse-
lsh concluded. Law?
st help protect it trorn -l
ls which are not constI
I
i
that decision was reversed by
the State Supreme Court on
the basis that federal sedition
laws had replaced the state
ones and were supreme.
as A aasuur, sweeping leg-
islatlon was proposed which
Walsh declared would have
rewritten 150 years of law in
that state."
It said that no federal law
would become supreme unless
Congress passed it and that
lno state law would become un-
constitutional because of con-
flict wlth federal law unless
that conflict were irrecon-
cilable. l
And the law would have been
retroactive for 150 years.
This was all because of
stove Nelson. It would have sf-
fected the railroads and inter-i
state commerce." Walsh said. .
He said the hBA has more
opportunity for formal action
in such cases than in the ses-
regatlon issue.
We need some central place
like the ABA to keep these
attams_pn the C rt ithin}
I, °_l-1_J!'_..compass." 'Boston
BostonTraveler
Herald
GlobeBoston
Boston
Boston Record
Chri%impScim t0r67041/aw] -Mn Iate: /;-3-_¢f-
?*1.iFi° = »=»+-<49Author or I
Editor-Title: '
Class. or
Character:
Page: 1 '
--- -- -_-
|ée?- J?/;iL'-/'rF
NOT RECORDED
133 001 13 195s"J
,_,___ ____ , g _ an .492_ _...
o-is Rev. 7-I8 say "
1 /,1--.- .-W *a,i:~1iEYiEW p .- .e.- "
, ______-W ;-- _
-A .':!
.1-it
1Ens i
.-,r;_.,.- .-- 1.'- -= ~
I
1
4
J
L
T
-' ,e~ | 921'
._.f_
. f.-fr, ..
B_ N We have a great deal of ayn pathy
for the -Federal judges who declined to
r a poll of r opinions abotitglpreme 09$ opinions. 'I'here
.. right and pzfoper places for judges
to differ with one another, but it serves
no useful purpose to turn the judiciary
into an arena of personal squabbling.
Nevertheless, it seems to us that a
number of these Federal judges may
have let their indignation cloud their
judgment. Not content with a digni-
ed refusal to answer a magazine's
to imply an impropriety in any public
criticism of the Supreme Court or of its¢- questionnaire, several of them went onQ ll
Iopinions. ' ~ - -
Their immediate criticism was di-
rected at the poll attempted by U. S.
News &-. World Report but some of it
was aimed not just at the poll alone
but at the general fact that this maga-
zine and others have been openly criti-
cal of the Supreme Court. The critical
judges, incidentally, were not so open;
many declined to be named but al-
lowed the opinions to be published
anonymously.
. One of these. for example, observed:
It is a sad day in this country when
the propriety or wisdom of Supreme
Court decisions are to be determined
by referenda, whether among the gen-
eral public, members of the bar.or
members of the judiciary . . . When it
the Supreme Court! speaks, that is
the law."
Now, no responsible person has sug-
gested that Supreme Court opinions
be1"tietermined by public opinion
polls, or even by majority vote of the
bar or other judges. But in the broader
sense, they do rest on referenda and
are subject to change. / - ' . .
The body of law we have is the ore
ation of the public, the bar and the
judiciary, present and past. The inu-
ence of lower judges, and of the gen-
er;g,L_qpj,p,ion of the bar, has always
been large in both creating and shap-
~ .
._"92
.r_.
67 0CT15l958
92[0 be destructive to our values as the 1
the passing emotions of the mob. But ,. _.. ..,1 ... . ..l .. -,
ing that law. We even have a provision
in our Constitution permitting the
people to overrule the Supreme Court,
and on several occasions the people
have used it to that purpose. If this.
we not the cai, crevereee.-esmbei.
of laws but of rules by men who happen
for the moment to be the highestjudges. t ' ' - - 1
Right now, as we all know, the
Supreme Court is coming in for a good
deal of criticism. This is not, as the
public may suppose, limited to the
controversy over the school integra-
tion decision, although that of course
dramatiees it. The recent Conference
of Chief Justices, comprising the heads
of the state judiciary, approved a re-
strained, thoughtful a'nd dignied dis-
senting opinion" on Supreme Court
rulings in many elds. . .
And it is a matter of record that
the dissenters on the Supreme Courti
itself are among the less restrained
critics when it comes to differing withthe views of their bretfu-en. - i
Federal judges, inc uding those on }
the Supreme Court, would not be hu-
man if this did not make them a little a
sensitive: it may well make them
touchy about their prerogatives. But
no Supreme Court decision is as likelythe case. we would have a nation not H
I
i
adoption of the idea, in the phrases of 92
some Federal judges, that it is im- §
proper," impertinent or "i:92a,gen" '
for anyone to discuss, debate or criti-
cize Supreme Court decisions.
The Supreme Court, let us not for- ',
get, is a man-made institution, as well
as being inhabited by men. So are the
laws it administers. It is, therefore, in t
the deep meaning of that phrase, a
political institution. iJudges ought not to be swayed by t
that is not the same thing as refusing
to listen to other members of the
judiciary, to the members of e ;or to the voice of people: -.1._.Niall!
Non
Per s
R0
T
tte
W. . Ivan-
Tele. Room _._.
I-lollomon .__
GnQu
... .. , 92/
1» L
/..':¢./LI» ex...-
| / - 1 /rgr 9 Q
' NOT szconoen
141 OCT 1%; 1959
ii--1.i_m.__.,
Wash. Post and Z...
Times Herold
Wash. News _____
Wash. Star ___m__
N. Y. Herold ...___._92_._
Tribune
N. Y. Journal-_m.,_..
American
N. Y. Mirror __.___
N. Y. Daily News .__
N. Y. Times .m._.
Doily Worker
The orker ___.--
New Leader
15131! ,;;zr;-r gang
Date ._..._.-___-
»
;-¢_':'r-Ti:
5
1:
_ . !.
.92;I
O-20 HIV. 7-ll-58! -'1 U Q Mr. TY %" Mu M_v_ __- /I I . Nedse /
I _ Mr. Porous
' Mb Boson _
MI. Tamm
V Mr. Trotter __._._.
Mr. W.C. Sullivan _.._
Tele. Room ._._-.._-
Mr. Hollomun _.____
Miss Gandy _____
926 I Q!
uh #11: ' '.' A - . _ T O *' ' ' ". Q _, xcouRTI- ' = 'A THE iuzgznt count OPENS Igs I¥5s-59oT£nn nouns! IITH RACIAL92
92CONFLIC s znnosr an NG ts PR aL:ns. Y 9292§SCHOOL INTEGRATION AND oxnzn IYPES or nae: casts AR£iD°cK;TEPN!9B_%E¬EgE§g2RALONG UITH ABOUT 350 ornzn APREALS rant uavz con: IN pun1uc
O - , 1THE urn: JUSTICES wILL at CONFERRINC NEXT IEEK on WHICH outs THEY M
HILL HEAR nun WHICH UILL BE n£J£cI£n. THEY HILL ANNOUNCE tn: RESULTS
In; roLLowInc uuwnnv. i IA _u ___ "__ y,ornzn VITAL ISSUES ARE nsronr THE count IN cAsES IHLUH iiii b/:%g5gE§¥ LAST TERM TOO LATE T0 an nznnn AND ARE now SCHEDULED ron_ , _ .
" muons THESE ARE THE GULF coast TIDELANBS oIL cowrnovnnsv AND THEGOVERNHENT'S Antleingsj SUIT AGAINST tn: INTERNATIONAL BOXING CLUBS.uxrnssszs wao aavz ntrusin TO iii INVESTIGi' "' ouzsrxoas AREALSO POSING INTRICATE CONSTITUTIONAL Issuzs. tn: NCLUDE CHALLENGESK THE opznnmc AUTHORITY or tn: nous: cor-mI1"I££ UN-AMERICAN 92
ATTOiNiY§ TO THE iii. I .CTIVITI ES HND TO THE ANTI'SUHVERSIVE LAU OF NEW HAMPSHIRE. - l'iONDAY'S OPENING CEREMONY HILL BE CONFINED MOSTLY TO ADMITTING.
, * " Io/a--zaosr ?_ _ A ' :;¢#wr__
1. ' ,r __ I E" _92 _ r K I. .. F
NOT IICORDEIE/ 149 OCT 10 I956
Pooo0T§1192 °?
e.1, Ior i p '
Q-IQ Rev. 1-1-sal - ' . L" J
K
E
__-J
.1-5-'Y AGING aio GASES.
» . _'
§l..e92.-4 Qld lteel
-Among Key Items cl I-lendT for Openinj Tunerro'925I!y
so-saloon-nun nouns .
_ WASHINGTON, Oct. %'l1ie
reme Court meets at noon
_Mondsy gin its rciullr
H58-59 term.
I If custom prevails. that rst1ll!lIltll will be chiey cerei
ilmoniei. The justices will recess
{soon alter convening to beginfconsidering more than 300
i cl-see which have piled up dur-
ing the summer.
Cases of the docket include
many of the highest public in-@
terest. There are half a doze
that raise old and new questioHon the racial issue. There is eimportant test of Federal loyal-
92ty-security programs, there ar
' . challenges to Congressional an
' state contempt citations, an
1 there is the familiar p1'0blem of
Beyond those issues the court
than usually important cases in
the staple areas of its business.
I-,taxation, Federal regulation
or business and labor and crim-
inal law.
The court has already grant-_%"otf-shore oil lands."
will begin nélring oral in-go-~
ment on them a. week fro
Monday. The term continues un
til June. - ,
' The last summer past did no
allow as much time as usual
for the justices to go over in-
coming legal papers. A special
'term on the Little Rock case
brought them all back to Wash-
ington in late August. Thatiterm ended only last Monday.
i ?etitions Up For Stud?
i. During the next week the
ijustices probably will hold fre-
.quent conferences to consider
-the accumulated petitions for
review. A week from Monday,
if the usual timetable is fol-
illowed, they will issue I. long"quiet of orders indicating the
additions! cl-ses they will con-
iniiicant cases, including some
the court has agreed to review
and some at the stage of I.
petition for review. '
1 For those with 0. profasional
interest the number of each
case""U'R -I|e Supnene-Stuart
docket is given in parentheses.has before it n score of more
ed review of seventy cases antif-'l'i"? a»;f ' Q ,;_;A. wee um M dusing state troops en-'
segregation It Little
1 central High. school.
v. 0:-val E. Feubus of Arkan-
_ is as-king the Supreme CourtI: nview the validity of that}lnjtmction. He contends amonglother things that Judge Ronni
N. Davies of the District Court;
prejudiced against hlm_- No.__2k%!. . _ ..- _ __ 92.__ -Lntilalqlll ll-I D .15?!" T%92'ji.l.lf=
ing applicants for state colleges F
to get certificates from their
high schools. Another law in ef-
ect prohibits school officials
from certifying Negroes for.
bite colleges. Louisiana offi-
'iels we-nt the court to review
ecisions holding the statutes.
In another Louisiana case, the
ower Federal courts ruled out
he segregation of Negroes in
the state parks. New Orlcansiperk Officilg seek review No.'
295!.
A special three-judge Federal
court in Virginia struck down.
last winter several state stat-'
utes intended to put out of busi-
ness the National Association
for the Advancement ot Colored
People. The state has appealed:
No. 127 !.
' The N. A, A. C. P. is seeking
review in another Virginie case.
The state's Supreme Court of
Appeals held constitutional oi
subpoena. by s state legislative
committee demanding produc-
tion ot the organization's. mem-
bershi lists No. 84!.An A. A. C. P. appeal ispending also from e. {three-judge
court decision that found Ala-~
bsms."s Pupil Placement Law
not unconstitutional on its face
No. 341!.
A specialized school segrega-tion problem arises from Dell.-
are. Review is sought or e
ilower Federal court decision
llthat the state Board of Educa-
a 1 horit to ado t s on h s ut y p W
esegregation plan binding ono ll.-local._.5chool bcg;§;__{,§ .nconstitutiohal Nos. 114, 120!ii
-2-
i
r
I
5200!. ,-
ii side: and those the will ot. Q kg , i The following is ye brie? ac-1 1-aw Q. l ,count of some of the more sig- - A 9] r
92 ._;_--;..~.~ T,
for
rk
El
"92!'!T!.'..".P'l
Home Sung»lnit - can A -es to compel gistimouy on
Oommunlst affiliations--is quee-
tloneo lgein in the case of
Lloyd Bu-enhlstt, s tonnes Ves-ear College instructor. - The
ourt has agreed to review the
No. 35!. 1.£.* '*"...;...' -*"..;;. 3: .;'.E...'ion nun -
£.;".?..;§. ¬.%* ......°'... ;...' ".5? no ysubcdmmltee to subpoena hillsu.nio_ 11': membership records
whether cue on which review
e ii..l°°<i.'5.; ......° ....i"i; '°....*- ...'rev'iew of ; Court of Appealsdecision t the Senate Per-
manent Investigations subcom-
mittee had no authority to ques-
tion Franlt W. Brewster, teem-ster_unlon official, about labor-iracketeering No. 219!. .
The court has agreed to hear
rtwo state contempt cases. In
irginia e. Quaker was held in
ntempt for refusing
swer questions put by-e 1-
titfe committee investign
ciel meters No, 51], i
New Hampshire the lender
'92 ..-|-é_2~- 27; yo -/4
REG,-,1 N01" RF"0RDED7 _ "c NOV 1811958
52 Nq9211.i9295B W4I/7:?Tolson _____.
B
I-lohr
... . Noose
Parsons
Flosen
Tomm
Trotter in.
'Il.C- Sullivan
Tole. Room _
Hoiiomon .._.__
Goody A
A,_q .
M"
!9;
Wash. Post and
Times Herold
Wash. News ___
Wash. Star __.____
N. Y.-Herold _._._
Tribune
N. Y. J0urncl-_.___
rnericdn
N;-Y. Mirror ¬__
Ni-:~Y. Daily News .
N. Y. Times ii
Ddily Worker _.__
The Worker _____
New Leader __..__
_i._......?_.i.-.1--i
J
.1-
». l
e i|I
" owshlp tourists home
convicted hi ro§UlI'1I.-
iriea about Communist at-
tlooa No. 80- -
Ilia authority of as Ohio Um-
sloo la challenged is
oaselnwhlchamanI Kmericanr Activities Commls-92
Iii!-Ilii' I
ooovictod %
at contempt sacks rwlew No-,
tins!. |
ORIGINAL cums
a Two fairly rare oases.
the Supreme Court hears as
/View of lower courts, are
' the docket tor early arsumen
'llt1cl.lly involved question
who has tho rights to oil undo
ithe marginal sea. The Unit
states claims everything be
original!.C I-1
supportln on the sidelines,seeking go sue the State
state laws that are alleged l
discriminate against Calitorni.
iinal ! . -
CRIMINAL LAW
acquitted of bank. robbery in
itrials. The court divided 4-4.
this case last. term and put
over for resrgument No. 1
i
icourt, then conviction in a
No 7!.
against her husband, is
Tcourt has granted review
John Lee, a soldier who W
in the camp. The court will
inonlny he tried by co
_i-nartlal
-victed of espionage for the¢....
in
forlglnal matter instead of in re-l
on
t.
The first raises again the po-.
of
r
ed
yond theltlmee-mile mark, while.'l*e;;as and other Gulf of Mexico
states want the rights out tel
ten and one-half miles No. 10.
concerns conviction in a state
Fed-eral court for the some crime
If a wife is willing to testify
she legally competent to do so? The i
consider that question No. 20l.~
Jdishonorably discharged and
sentenced to a term in an Armyprison, killed a fellow prlsoiéeoe-
cide whether he could constitu; .1_ _ lI
_ ifor the murder No-
li
i
allforni with New York
is
of
Washington to sti-ll-ie down
O
3
iwine. The court will hear argu-
Wment on whether it should en-
tertain the suit No. 13, orig-
l Alphonse Bartkus, who was8
Federal trial and then convicted
or the same robbery in an Illi-inois trial, will contest the con-
stitutionaiity of the successiveO11
it
!.
In another case the argument
£0
IS
42!. .. Rudolf Ivanovicb Abel, cgn-xi _ _ Ul 0-vlet Union in a notable Bl00k- -of Appeals that a private sou-ilyn trial, wants the Supreme, jtrust plaintiff must show in-Court to review his case, H¬92 jury to the while as well asquestions, among other thingsn Pvate 531113595 1° @9119 "Omlwhether a warrant tor a-depor- ;the defendant No. 76!-tatlon arrest entitled Immigra- , The Pacific For East Line,-tlon officials to search hi! room .tu1-ned down by the Maritimelet it belatedly use the so-called
. 8 'J-review No. 369!. . .
t BUSINESS
'§> When the Federal Communi-
gmi evmeme of Qgpionage No.1 {Board In its effort to start ani92353]_ * _ ___ l unsuhsidir-ed service to Haw-ail.i' ' seeks review of a "curt of no-1'i
P'L-
OW that_ "pl: iers to the -' over his protest prevented!s=¢_=.,s> eel? 1 @--
, another petition _.l'ol-revieiw
_ ' that Ii Florida' g juries discretion to rec-
ommend the death penalty in _.
rape cases ls unoonstitutlonal
L-¢'4._'1-.-IQ e-".1! liegroes have been
execlited tor rape in the last
twenty years No. 149!.
y . TAXES _
Macy's lost a suit for 81,000,-
000 in Federal tn: refunds when
the Court of Aplxals return-d to
last-in-first-out LIFO! lU'92countln method. It wants a3
iIs it an ordinary and nec--
essary"-snd hence deductible
-business expense for I. liquor
paigning against a legislative
proposal for state-odmed liquor L
stores? The court will review.
two cases on that question Nos, 29, so!. - -i
The court has agreed to con-
sider several cases in the com-
plicated area or constitutional
limits on state taxation. One
involves Ohio's power to levya property tax on iron _ore im-92
ported from Canada by a steel}?
company and stored for use atits mill No. 9!.
Two others concern a state's
authority to collect income
taxes from out-of-state com-
panies doing interstate business
{N05, 12, 33}, and another Q!lQS"! ittions a franchise tax imposedl
on an express company doing-
-only interstate business in the
; state No. 38!. _i
Fl' A decree ordering the break-f
up of the International B0xlng;_Club under the antitrust lawsi
term No. 18 } ._will be reviewed early in the?
l" cations Conimission approved
-= the sale of a Philadelphia tele-
Jvision station, did that appro-
val foreclose future antitrust
Paction againdt the sale by the1. Justice Department? The dejliF ' partrnent and the F. C. C. argueno, but a Federal District Court]
- held yes. The Supreme Court
-rwill decide No. 51!.; Review is sought of a deci-
ision by the Ninth Circuit Cour
oard decision cannot be rc-
1viewed in the courts at all No.{Bells ruling that the Mnntnnei
-I19!. .-a
-2 dealer to spend money cam--.1
vi
£-{loweroourtheld that a gs; 413-" ¬l'*s'§*
Plum fish be inedthe Atomic Energy
_ loll ahead with it; to;-eggj
oeclassuyl secret,gooesl of his. He asks review
-ll lower court decisions refus-n
EDI an injsmotion against;A. E. C. officials No. 839!, I l
lwln
The Securities and lbcc
Commission hygggr fqg [gyjgwh
OI doilions-that 11- laying-
l"th°1' 1Y 10 Ilgull-te 11181-ll'lJI.C!'l.
=°ml>Imles' -sales of variable
81"- 11l.V P01.ll=1es Nos. 237. 290!..lo natural gt! industry ls
"Hill? abouts set at cases tho,court has agreed to The!
tributor could noe ml 111,1
D1160! prior to a complete rate
proceeding tn the Fedenl Power
Commlsslonunless his custom.
"' '*" *_.. "'..._ .l"..°}l3_°;"_ ...l!
f%-l92'l§'I-I-I ewuu: aueusulpgussuch delay in 1']!
adjus ent would bankru
th Nos. 23, 25, 26!.
LABOR
The court will review a quel-l
ion that has long troubled theational Labor Relations Board:the District courts have.
urisdiction to overrule the
a-ld's definitions of bargaining
ts when those definitions.
said no be in violation of?
e Taft-Hartley set No. 14! ii
The N.L.R.B.'s fixed policy oil
fusing jurisdiction over labor
sputes in tlie hotel industry
ll also be reviewed No. 21!.
The court aim nu agreed to
consider how far the concept of
interstate commerce goes in
permitting Federal wage and
hour standards. Specically,can those stlsndards cover archi-I
tectural draftsmen who work.Within one state on plans for
structures in other states No.1aw i be-ii Il c_h a ban violates the Co 9°"? Ellaranlees of freedo I
i --.-r
I
ll
l
ct a menibt oir No, 256!. gThe Florida courts have
unconstitutional a widely hood:
!'¢¢iProcal witnesses law fol
Whldl U12 Itlttl lgrg Lg pm.
duce witnaaos for each others
mu" PI'°¢9_¢1IiJlI's. Ibo luprenaq
92C-ourt has. agreed to docile92 No. 53}. - ' »_
F'1M-11?. Pennsylvania has a
local option law ,q-mggunrl
by poiwlsr vote. to ml
ovles On Sunday. The court 1
~ 4!! H1!-*1 to consider urheth i
' plpeech _lJ1d in-en No. no '
DOUBT WOR
Robert A. Dalil o
University. He
his findings
U. 8. Supreme Court.
"-
1
- _-..»_- ,..-.=_-... .. _.._
9':4
' o-is Rev. 1-1-so!
.1
ll '
eoocnoY . 0 J
Q.
*'-92?'= . . .. E l ltunarm at c¢m".1 2;-'.-;e-2-
Court
f92.._....--_.;r:w§_
= vpena p '
numsmus. McNElL I==ivv-Iv--$5 Ii-H "H » "e 168-year-old Supreme Court opens its regular
session today knowing there is little new in the
present wave of criticism breaking over its great
r»
E
ii
1
-1.
ii
Iwhite building.
Today: formal opening of
the new term was scheduledto be marked only by a brie!
ceremony hiciudng oiticiai
convening or the court andadmission oi new attorneysto practice before it. No op n-ions or rungs oi any kind
were expect
Betore it recesses next
summer, it will have decided
several hundred cases involv-
ing, ~ among other things,
civil rights, states rights, tax-
ation, criminal law, labor,
and the powers ot the Con-
gress and the executive
branch of the Government.
It probably will determine
the constitutionality of pupil-Eiacement laws passed byouthern states opposing ra-
cial integration in public
schools, including an appeai
by Arkansas Gov. Orvai Fau-bus iagainst courtordered restra nt.
TIDELANDS CASE
It may decide whether the
Federal Government shall
have dominion over the oil-
rich tidelands beginning three
miles, instead oi 10.5 miles,
ott the coast 0! Texas and
Louisiana.
The nine justices will tile
to the bench today led by
white-haired, benign - looking
Chief Justice Earl Warren,
California politician and law-
yer turned jurist by Presi-
jlent Eisenhower's appoint-
ment.
UNANIMITY.1
Jtioes, old and new, on this is-
sue.
But in other cases in the
last regular session the court
divided from wl
membership have come dis-
sents severly condemning the
opinion of varying majorities.
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i
Circmt Judge, 43,, ~Is --Ohio
Republican, Described as
'1 Right of -Center" l . ' 1
' 5' By o Wsu.'Brsv.II'r Jo|:rI.1sAL Btc Reporter _
WASHINGTON President Eisenhower
nlmed Circuit Judge _Potter Stewsrt, s right,
of center" jurist from Ohio, to the Supreme
Court.
The White House announced that Mr. Stew-
s.rt, under a recess appointment, will succeed
to on High Court when Justice Harold H..
Burton retires next Monday. Mr. Stewart
nomination will have to be coniirmed by the
Senate next session. _ I
Government otticisls described r. Stew-
art, s. Republican, as s. right of center"
conservative in his judicial philosophy but
probably not as conservative as the retiring
Mr. Burton. However, Mr. Stewart's s intPDQ -.
ment was recommended by Sen. Bricker B..,'i
Ohio!, an outspoken critic ot -the I-lighCourts
increasingly liberal complexion, and was en-
dorsed by the American, Bsr Association,
which has sharply criticized some recent
Court decisions.
with the Supreme Court under its severest
attach in two decades, President Eisenhower
was under heavy pressure to find a replace-
ment to match Mr. Burton's conservative
leanings. Whether the 43-year-old Mr. Stew-
art will fill the bill is hard to predict. As
one Government official put it, "Once a rne.n
pu hCk robe, it's almostnhn-possible
to tell what heli do." '
TL ".92"" ;- - I-.' -"92, . .
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im'1ru's'm Ben. Bricker 'a rniea so-. esc _
Stewart's views thuslyr . ' '
everything else. _1n the some trsditioa. s
property right is s.n individual liberty." ' -
The nominee's votes on issues of individualllibertiel undoubtedly wm come inter close
tiny by conservative critics of the Court.
For it is on these questions, more than an
thing else, that the controversy over the
bunsi has centered. Critics in Congress,
her, the press and the public charge the Court
has paid too much attention to individual
rights at the expense at lsw and order.
_Tne impetus for philosophy
ustice Warren heads the group slnd on most
impurtnt decisions can count on support tram
notices Douglas, Black and Brennan.
How often lair. Stewart lines up with this
bloc-in his future voting will provide the key
to his judicial philosophy. Mr. Stewart, who
attended White House Press Secretary Hag-
erty's news conference to announce his sp-
pointment, retused to shed much light on his
philosophy. "
As s judge ct the Bir-
Appesls, Mr. Stewart said he
only one school integration casee. pL1't1ci.I-
lsrly explosive issue at this time. He ssid
that case involved a situation in Ohio snd
1nteg1'a,ti0X'l was upheld. '
Hovggyggl g recent opinion by Mg, jggprt
ould seem to indicate that he believes inEomes from s. tour-member Court bloc. Chief
/i-5
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I
1; '7. --'ltewsri's Views Desoriel :ii "J." ,- i '- ' 1
. He is s conservative in the sense Hut I-'92i{ 4the values-individiisi liberties ms rights shovel f!-I 1
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Times Herold
Wash. News ___
Wash. Stor
N. Y. Herold Z"
Tribune
N. Y. Journal-_._.__
American
N. Y. Mirror __._
N. Y. Daily News _
N. Y. Times
Daily Worker __..
The Worker
New Leader __--
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ex.s genee, fair-mindedness and high mindedneis."
*"""'i - -| _ iection. Retiring Justice Burton was e foiinerJustice Brennan in 1956, and Justice Whit-,r,-ri t. -1-;s' . : .- - ="' - '.
12".. = - . »- ,, _ ' -.
I |i _ 1
;'eb.|liI' to divulge _ - 1_ . Judge Stewart 1 i
4-_ Freedom e! the press, l92ied- 1
_t1:riel by men ioeiety. But 92
reed WM . E
,_n I ,, - V; H. -1 J
" Mrfstewart told re 1
*--"' l1r Q the late %. Pam ._, __... ____mer leader of the eoneervev i
Republican Party. He said he _tor many yea.rs._ 1 _ . _
edmn-er u'r~¢eeh|mt " 1 ' . *
- The new appointee added that he has been"
an admirer or President Eisenhower since he
tint met the President at the time he was
appointed to Sixth Circuit O01-111 bench tn 195}.
Mr. Stewart also spoke highly oi! the conserve-
tlve Justice Burton. Needless to lay," he
-declared, I admire him greatly for hll dili-
Mr. Stewart is the rum member named to
the High Court by the President. His eppoi.nt- -
ment marks the rst time Eisenhower ap-
pointees have made up a. majority-oi! the nine-
man court. The President appointed Cole! Jue- ,
tice Warren in 1953, Justice Harlan-in 1955,~.
92
taker last year. .
The American Bar Association heartily en-
doreed Mr. Stewart: selection. Bernard G.-1
Segel or Philadelphia, chairmen or the .A.B.A.e
standing comrnittee on the Federal judiciary,
called the appointment an excellent one." He
laid his committee reported to Attorney Gen-
eral Rogers that Judge Stewart is fully quali-
ed tor elevation to the Supreme Court oi
the United States."
Mr. Eisenhower named Mr. Stewart to the
Sixth Circuit Court ot Appeals in April, 1954.
The Sixth Circuit ineludes Michigan, Ohio, Ken-j
tucky and Tennessee.
It was believed Mr. Stewart: Midwest
'hackground was a relevant factor in his le-
{Benamr from Ohio. Justice Whittaker, from
Missouri, is the only other Justice from the
Midwestern area. . '
Pra.cced Lew in cmmmu »
t Before his appointment to tlie circuit eourt,§
Mr. Stewart had no previous experience as 5 ,~
Federal district judge, but was e member or;
the Cincinnati law tirrn oi Dinemore, Shoh1,.>Sawyer and Dinsmore. iI Born in Jackson, Mich.,Mr. Stewart has!
opent most or his lite in Cinci.nn.eti. He was;
-graduated trom the Yale University Law School 1
Tin 1941. He was e. member oi the Cincinnati
-rcity Oouncil in 1950-I53 and lerved as vice
mayor oi. the city during the letter two years.
Mr. Stewart served an a. member of the'Whlte
Houee conference on education in 1954-55.
Mr. Stewart laid Attorney General Rogers
called him to Weehington late Mondly otter-
noon. I-lo said he was otiered the Supreme
nu.ri,_a,ppointment by Mr. Eisenhower esrly
yesterday moznlnl. . __ M"-""""""__ -
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_HEADl.lNE_ PERSONAQITY , . n" "°° * °"'* " ""' -'"
Nev/Justice Delights s
5 In Intricate Cases Pi 4
The o men talking in thezriee oasuprerne Court Justie
Burton-yesterday were e. study
in contra-st. '
was the retiring Justice
Bin-ton. '10 - year - old. gray-
heired. a little tired. his digni-
ed demeanor mellowed by in-
herent good-humor.
The other was Judge Potter
Sewart. a youthful 43. black-
haired, with justa touch of gray
at. . the temples. athletically
bruit. sincere and betraying e
nervous natural in one who has
just been named to the highest
court in the land.
F'l'6- I--J L--me Q BAA-l|J Ill-ml IICCLI I» IIUUL
tor Judge Stewart.
,0nly the day before he'd re-
ceived an urgent phone call at
his Cincinnati ofce where he
is 1 judge of the Bih Crrcut
ourt of Appeals. At the other
neral Rogers. All Mr. Rogers
ld him was that he wasEd of the wire was Attorney,, .r 0 /; /7, ..
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EDUCATlONl-lotclrkiu Prepare- .
tery School; Yele University;
Yeie University 'LeI iscirooi;
Cambridge Ui92iv¢l'$i1'J, England. 1
1035--Reporter; In I ye r; city
councilman; iedge, Sixth Circuit
Court of Appeals.
FAM_|LYMarried to former Mary 1
Ann ierilei oi Grind Rapids, l
Mielr. Three children: Harriet,
13; Potter, ir., IO, and David, 7.
HOIBIES--Fishing, golfing.
wanted in *Washington1rn'-e.n*iinportent matter.
Meets Colieesuee .
plane ight. the jurist was
given an inkling oi his appoint-
ment. during a conference with
the Attorney General. Yester-1
day he was otiicially notified ofEisenhower at the White House.|
the innointee sired in
the Supreme Court to meet his
new ealleesuea. Justice Burton
discreetly withdrew while Judge.
Stewart. unassumin: and mod-_
est. sat for e brief. iniormel,
Lntervie_I'. I
What pointed his steps in the.
direction at e lerr career? Ii
grew up in n lawyer: house-
hold. Hie rather is en Ohio
Supreme Court judge! I can}.
remember of thinking of ev
belnl anything other than
lawyer."
He remembers well the rst
case he ever tried es a young
lawyer. He was appointed by
the court to defend e man
accused of iorrery.
"The defendant was eon-
victed." Judge Stewart admit-
ted with e rueful smile. I we.s|
disappointed," he said. "butl
after it was all over, I realized
and I think my client did, that
Justice was done." lI A Iew hours later. after I; The Wm , ppm-entlyi
finds the delight in law cases
that to the layman would seem,
unutterably dull. He spoke with}
enthusiasm about what he c -I
sidered one oi his most in -l
esting cases, which inval ;
I"'
_ " NOT RECORD?bl I
WTolson _._._
Boordrnon _._._
Belmont
Mohl ii
Neon ...___
Parsons ..._._..._.
Hosen i
Tomm ? __
Trotter _..._._._
W.C. Sullivan .
Tole. Room __
Hollomcrn _____
Gandy _._._.
Wash. Post and _.._.
Times Herold
Wash. News ._._._..._
Wash. Star
N. Y. Herald .._'_.......
Tribune
N. Y. Journal-i
.1...
: --,.
.
92
n,J
W% kc/O_°J92;7_ '92<
I_ I0-l9 Rev. 7-l-SB! Q Cent 0h 5801,1011 3
Supreme Court CPresident Eisenhower new has ...a...e. I his omsu rem t appointment,- choosin t Judge PotterStewart to replace-t Justice ho will re ire Monday. Thus,
assuming Judge Stewart's conrmation.
those who have been speaking criticallyI oi -the Warren court" should refer1 1 was-e '~'*"-~
henceiorth to the "Eisenhower court."
E Justice Burton, tor 13 years, has
~ been a .diligent, competent and, con-
scientious member oi our highest tribu-
._ nal. His role has not been a spectacular
one,.and it is'not an easy thing to pin
a label on him. For whatever meaning-
fulness such characterizations may have,1
i "92r|!'Iu¢92tIAII and if he uni no-an? T11:92I'1IIQI WCVCL, ..l.iU. l92| JG LIUU 51 call. UQQUIUUBurton would have to be considered a. Irlmember of the courts conservative
wing. On the whole, he has thrown his
weight on the side oi holding the court
"I to its traditional iunction-as a judicial
i and not a policy-making body. Thus,
is retirement. forced by considerations
i health, raises important questions
oncerning his successor. -
Judge Stewart has had four years
- ' oi experience on the bench oi the Sixt
Circuit. He is a Republican and a
Ohioan. which means that his selectio
maintains the political and geographies.
balance on the court. Since he was
recommended for the vacancy by 0hics
Senator Bricker, it may also be assume-:5
that Judge Stewart, in the general sense
at least, is a conservative. However, the
Senate, -in considering conrmation,
should be more concerned with Judge
Stewart's concept oi the proper role oi
the Supreme Court. The serious criti-
cism of the current court is directed
toward its alleged tendency to exceed
proper judicial bounds, to exercise
through its decision-making power in a
broad range of cases a legislative, as d1s-
tinguished from a judicial, inuence. It
was this trend which resulted in the last
congressional session in numerous leg-
__ islative efforts, some successful and some
-, unsuccessful, to curb the court. At
best, however, this is a difficult and un-
satisfactory remedy. What really is
needed is a careful and dispassionate
;examination of a nominees judicial
fphilosophy before and not after he has
~been conrmed. Presumably, this willQ! '92 be forthcoming in the Senate in Judge I9292? /1, Steflfs case. -*-vb
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N. Y. Herald _._._.._.
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The litigation spread over
years and there were mam
intricate problems he related
almost gleefully. .
Likes Fishing. Gall
1 For recreation he likes sh-
ing and golf. But. he admitted,
sometimes he talksaa though
he were a much more expert
sherman than he is actually.
As for golf, my own best
friend wouldn't accuse me 0!
being a golfer. I play socially
and for the Inn oi walking
around."
Reporters had asked him
whether he was a liberal or
conservative. To his he replied
he just lilies to think of him-in I no Q monume-. .. .. .. ....._,e..iv!-Ie has taken part in only
one case involving the current-
ily prominent school integration
.question. .
'3 In 1956 he ruled with the
pnajority in overturning a lower
rcourt and ordering integration
oi Negroes into elementary
schools of Hillsboro. Ohio. a
small community about 50nlles northeast 0! Cincinnati.
On Torre Case '
Father this month. he ruleda New York case that is like-"t.he inutualizstion" ct a lifeibtoreaehmelupremecoisrt.in time.
He sat with the Second Cir-
cuit 5.:-.u.-2. e! .l.n.c-eels e.-hieh.
upheld a Jail sentence to Marie
Torre, New York columnist. for
reiusing to divulge a news
sourtk.
Judge Stewart wrote that ll-Z
though freedom oi the press|i.s precious and vital. it is noti
Man absolution."
1 The jurist attended Cincin-
nati public schools, Hotchkiss
Preparatory School - and re-
ceived his bachelor: degree
from Yale. Later, he studied
lat Cambridge in England for a
year. Aitei-ward, he was grad-
uated from Yale Law School
cum laude in 1941. ~
He worked for a while as a:
ireporter for the C'incinnati-
Times-Star at one point in his
career. As a lieutenant in the
A Navy from 1942-5 he won three
i; battle stars, He was elected to
the Cincinnati City Council Ln92
._ g _____.. L, !
Court by President lisenhower
on April I. ills. -
That appointment brought a
einsrk i:'c'n. his ass: Pot-
thenl years old.
. Now Daddy can thi-
verybody in jail. .i : t '
1949 and 18-51. .
Judge Stewart was married;
in 1943 to the former Miss
Mary Ann Bertles of Grand
Rapids. Mich. The? have three
1childrenHarriet, 13; Potter,
"12, 10. and David, '7. .!* A Republican. he ha-d been.ppointed to the 6th Circuit:
______ ""'i*-»
92
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0- 19 Rev. '1-I.-53!
92J-' . Q
#4 .,;|.f[ 3 '¥._92_.~4.,¢;;._.2..:_..1 *0 1 _,_ k_._H____h,_ _,___'. B.n Promoting Iudger Pwl, ~_
_Eor the fourth time President Eisenhower _
I 5011:: I-U_ I iuwer "1. aux ll-I naoutiilw aiiatieuI'"of thelinited Statrgfgu reme Court. His appoint-Fment of Judge Pomr Ummd States
Court of Appeals. Sixth Circuit, to succeed Justice
=. Burton thus gives practical emphasis to the Ad-
;1ninis_tration's policynf preferring men already
_."under judicial discipline for advancement to the
highest bench. Judge Stewart will be the third
=._ member of the §upreme Court promoted from
Hhe Courts of Appeals, the other two being Jus-
slices Ha.-lsr. and wliittaker. .lusl:'ce Brennan wasgaelected from the Supreme Court of New Jersey.
'¢_ Only Chief Justice Warren among the Eisen-
ower appointees went to the Supreme Court
ithout judicial experience.Apparently the Presi-
ent feels that somewhat dierent qualications
" re needed in the case of the Chief Justiceship-
that the head of the Court should be a gure of
_ national reputation as well as -an eminent lawyer.
As we understand the President's policy. it does
.- not preclude the appointment oi practicing law-
yers, law school professors and Government oi-
" cials to associate justiceship, but only gives a
preference to men already onthe bench.
5 -The wisdom of this policy depends92 in large
_.part upon the kind of men who are available in
the lower courts. If there is a systematic policy
. of recruiting the ablest legal minds in the country
,, for the lower courts, promotion of the best of
these would be at once essential to morale and
/a logical extension of the practice.
f Justice Frankfurter insists that the correlation
between-prior judicial experience and tness for
the fimctions o£the Supreme Court in zero."
e made among those men who give the best
romise of satisfying the intrinsic needs of tn
ourt, no matter where they may be found, nohe search for Justices, h_e has written. shouldy
*1":6 6 OCT 16 1953 _! it
Central __
l tested [hie needed qualities The histo.f_D. Secti Xon
matter- what professional way"tllQ1'-!ia'
. - -s 17
L-»kCourt emphatically. sustains the wisdom
é-£0B¬.lllSl9ll. intellectual capacity, learningplaw, understanding oi our constitutional sys
tend judicial tempennent are far more
_portant than -experience in a lower court.
i_; At the same time it la well to remember that
-"rnost of thuqualities which t a man for the
Supreme Court are also highly desirable in the
1 Courts of Appeals. So long as talented lawyer!
with a- genius for untangling legal dilemmas and
' reconciling the demands oi liberty and order arel appointed to Qe Court-s or '.A_pp-eab, it is ce1'tainly'
no mistake to ldvance the best of them to the
highest bench. in the years ahead the Justices
who have92 gone .to the'Courtp by this route must
expect to have their work- carefully compared
with that of the many other Justic who have
l come o of the executive and legislative branch .
5 Judge tewarts high standing at the bar and
good rk on the bench suggest that he will ' e
a good ccount of himself in. this competition.'1 .~ .. . - I.- " .-.,_ - -92'-'Tolaon _._._.
Boordi-nun i
Belmont i.
Mohr i...
Noose .i
Parsons i
Flosen i
Tomrr. i
Trotter ._i
W.C. Sullivan .
Tele. Room _
Hollomcm
Goody .i
Wash. Post and
Times Herald
Wash. News ___i
Wash. Stut __....._...._....
N. Y. Herold _i_._.
Tribune- V/N. Y. Journal-i
F92l'l'l8F.l.CI1/Y}/l H N. Y. Mirror i
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N. Y. Times ..._.__
Daily Worker ___
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""'":c i ~~"" I---c"'"' Quite a bit of the criticism in thisl area, 1 seems to me, has been-basedSupreme Court Overworked;
Quality of Opinions Suffers
ll Erwin N riswold
ti. ii.
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_4/_.i. p I __..---+_--
4.1;,
L1iLast Thursday evening Dean Erwin
N. Griswold delivered the Morrison
Lecture before the State Bar of Cati-
fornia at Coronado, California. The
following are excerpts from that ad-dress: C
Over the past three of four years.
there has been great controversy
about the Supreme Court. This has
not been unprecedented, for the Court
is inevitably and inherently subject to
controversy. . . . This is especially
true when the issues which the Court
must decide have deep emotional over-
tones.
Much of the criticism of the Su-
preme Court in recent years can be
traced directly or indirectly to the lsegregation decisions of 1954 andI955. . . . There is in all probability
nothing that has happened within the
past ten years which has so played
into the hands of the communists as
the reaction to the Supreme Courts
decision in the School cases.
Governor Faubus will no doubt
have a place in our national chroni-
cles. As my colleague, Professor Paul
Ll A I-Trnnnri H94: nninfnrl nnl" i'l1nncrl1 ! .-. Q ac-.... , us I, U . . . - c u v-.-v, v»-uv-5 ,II
lhe is not likely to be identied in
history with Abraham Lincoln.
Freund, Storm over the ';Supreme
Court, 21 Modern L. Rev. 345, 357
958!.
Not all of the criticism of the Su-
preme Court has arisen out of the
School cases. There have been some
other decisions, chiey in the eld of
Ciiijl Liberties, which haHa_.e;{_g,ked
consiclerssle opposition.
/-,
-
t-won plain misunderstanding. For ex-
ample, a year ago there was great
excitement about the Je-ncks case, in
which the Court held that when a
witness testies who has previously
given a statement to the F.B.I., that
statement must be made available to
counsel for the defendant. Really.
this seems rather elementary. Hov
could we have a decent system o;
I Se! OVERWORK on page three;
Continued fr¢irT;i@'5ne! I
criminal trials on any other basis
Yet this decision was attacked on ti".
, ground that it opened "the F.B.I. lei to the communists, to say nothing 1
;assorted crooks, grafters, l'13l'C0i}ll
'peddlers, etc." Nine Men againI America 957! 18. Actually, it di
not do that at all, as can be seen t
anyone who will take the trouble 1
read it. There was an extravagai
dissenting opinion in the case, whic
gave rise to some misunderstandini
And the then Attorney General wet
before both Houses of Congress an
said that the government was C01
fronted with a grave emergency,
and sought a statute which Congre:
passed. Whether there was such a
emergency in fact seems rather doub
lful, even though some lower eouri
may have misapplied the decision. TI.
witness in the Jencks case we
Harvey Matusow. Suppose your cl
ent was being convicted on Harve
Matusows testimony, and you knev
that he had made a previous state
ment to the F.B.I. Wouldnt you wan
to see that statement? Wouldn't yoi
regard it as highly unfair and ir"
proper if you were not allowed to s
the statement? Is there any lawy
lwho can seriously say that the S
lpreme Court did anything in tl
._ _ . ;Jencks case except its _plain dut;' // = ILawycer¬, espec1al l1y trial lawyeiM; J f , _ I - ~ p ,s]]ou e commen ing the ggg; f-% ,1 p 4 1 jthis ecision.
HARVARD LAW RECORD
CAMBRIDGE, HASS. ,
_ OCTOBER 16
92 I
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_Aggier case which has causec92Jzi--
cern, especially here in Cu-l-i£o:n.i.a, is
the Komgsberg case, in which your
own Supreme Court was reversed on
l
Em-1 Warren i
Chis! Iustico
U. S. Supreme Court
i a matter of admission to the bar. That ~
decision troubles me, too. Neverthe-
less, as my colleague Professor Archi-
bald Cox pointed out in a speech he
gave in Les Angeles at the time of the
American Bar Association Conven-
tion there last August, this decision
should not be read too broadly. One
of the rst things that a law student
learns in Law School is that an opin-
ion must be taken in the light of the
facts before the Court, and that its,
signicance depends on the actual de- l
cision on those facts, and on nothing 1
more. As Professor Cox observed in
his speech, the Konigsberg case shows
that the Supreme Court is concerned
that a man should not be denied ad-
mission to the bar because of radical
political or economic views," and that
he should not be put to a special bur-
den of proof because of such views.
There is a clear distinction, which I
am sure the Court would recognize,
between radical political and economic
views, on the_one hand, and true sub-
version, on the other. The ranks of ,
honored lawyers, throughout the cen- _
turies, in this country and elsewhere, l
have included people who challenged
the status quo, as a matter of princi-
ple or on behalf of a client. Moreover,
as Professor Cox likewise pointed out,
the Court is concerned here, as in
other elds of the law, lest what ap-
pear to be ndings of fact should mask
the_applic_ation of a_ru1e of lawf which
is inconsistent with proper freedom
in seeking admission to the bar.
As I have indicated, I do not think
that the Konigsberg opinions?92Te'VEl'yti!< n -.1 ._ ___-.- csat sf cto . Y t I have cans:-grable . . .co r¬hateexmen W s ow l --_.__L{E";-t lC t1ET.?_rEcthat the conclusion reachg is not only
one that we can live with but is one
that we will come to accept. The sub- ,
sequent action of the Court in a case
from Oregon In re Patterson, 356
U. S. 947 958! seems to conrm
this view.
Nelson Case
Finally, I would like to make refer-
ence to another decision as to which
it seems to nie that there has been
great misunderstanding, based very
largely on purely emotional grounds.
This is the decision in Pennsylvania
U. Nelson, 350 U. S. 497 956!,
where the Court held that the adop-
tion by Congress of the Smith Act had
superseded state statutes in the eld
of subversion. Actually, there is real-
ly nothing novel or startling in this
decision. The same general conclu-
sion has been reached before in liter-
ally hundreds of cases. Reference is
rarely made to the point actually de-
cided in the Nelson case, which was
that the Commonwealth of Pennsyl-
vania could not maintain a prosecu-
tion f or subverson against the Federal .
government, after Congress had pro--
vided for such prosecutions in the
Smith Act. Why should a State prose-
cute for a conspiracy against the
United States, especially when Con-
gress has made provision for prose-
cution in such cases by Federal
authorities and in the Federal
Courts? Such conspiracies have in-
terstate ramications, and are almost
surely in more experienced and better
informed hands when they? are han-
dled by Federal authorities. More-
over, in the l92!e.'.e-on case, the Supreme
Court airmed a decision of the Penn-
sylvania Supreme Court. This was no
novel doctrine.
There have been moves in Congress
to abolish the whole doctrine that
state laws are superseded when Con-
gress has passed a valid statute in
the area. This is really throwing out]
the baby with the bath. The passageI
l-However, i s ou d sure y . og
nized that not all criticisms of th<
Supreme Court in recent years cai
be dismissed on the ground that the;
are based primarily on emotions
grounds or on misunderstanding
There are a number of persons o
eminence and understanding who ma;
be called, in the words of Professo
Philip B. Kni-land of the University
of Chicago Law School, the Literate
Critics" of the Supreme Court.
First and foremost among these, <
course, is Judge Learned Hand. . .
[Judge Learned Hands says] that,tl
Supreme Court should not undertal
to act as a third house of the legisl:
ture, and there can be no disagre
ment with that. And insofar as l
says that our legislative bodies then
selves have a peat responsibility il the eld of civil liberties which the
should exercise more regularly at
carefully, one may likewise agree. Bi
a legislative body is not a good plai
for the protection of individual righ
i-- strange as that observation me
l seem. There is ordinarily no concre
; specic case before the legislatii
body. It legislates in general term
on a broad issue, and rightly enoug;
-with the general public interest pri
marily in view. However, in th
courts, there is an individual claii
g protection, and presenting t
ncrete facts of an actual case. Moi
er, the action against which the l
ividual is seeking protection may
at of an executive or administrati
oicer who is seeking to apply t
lzliv in a way that the legislatui
of such a statute would upset the,
federal-state balance in inany areas,-
and would go far to Balkanize the
United States. More than two years
have passed since the N elson case was
decided, and there is no evidence that
I know of that it has done any harm
of any sort. If State oicers have in-
formation of subversion against the
United States, there is no reason to
think that it will not get full attention
from the F.B.I. and other agencies of
the Federal Government. Why shouid
it be the responsibility of the States
to prosecute for offences against the
United-States anyway? -'-""1uld hardly have foreseei_i._ _l-veth the greatest of responsibility c
the part of the legisla
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