THE MICHIGAN DAILY
Edited and managed by students of the University of
ichigan under the authority of the Board in Coxitrol of
Published every morning except Monday during the
niversity year and Summer Session
Member of the Associated Press.
The Associated Press is exclusively entitled to the
se for republication of all news dispatches credited to
or not otherwise credited in this newspaper.. All
ghts of republication of all other matter herein also
Entered at the Post Office at Ann Arbor, Michigan-as
cond class mnail matter.
Subscriptions during regular school'year by carrier,
.00; by mail, $4.50.
dember, Associated Collegiate Press, 1936-37
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CHICAGOEEBOSTON - SAN FRANCtSCO
LOO ANGELES - ORTLAtio -SEATTLE
Board of Editors
fANAGING EDITOR. ........ELSIE A. PIERCE
DITORIAL DIRECTOR ......MARSHALL D. SHULMAN
eorge Andros Jewel Wuerfel Richard Hershey
Ralph W. Hurd Robert Cummins'
IGrT EDITORS: Joseph Mattes, William E. Shacke'ton,
Irving Silverman, William Spaller, Tlure Tenander,
PORT'S DEPARTMENT: George J. Andros, chairman;
Fred DeLano, Fred Buesser, Raymond Goodman, Carl
'O7 EN'S DEPARTMENT: Jewel Wuerfel chairman;
Elizabeth M. Anderson, Elizabeth Bingham, Helen
Douglas, Barbara J. Lovell, Katherine Mdore, Betty
USINESS MANAGER ...................YOHN R. PARK
SSOCIATE BUSINESS MANAGER . WILLIAM BARNDT
OMEN'S BUSINESS MANAGER ......JEAN KEINATH
USINESS ASSISTANTS: Ed Macal, Phil 'Bwhen, Tracy
Buckwalter, Marshall Sampson, Robert Lodge, Bill
Newnan, Leonard Seigelman, Richard Knowe, Charles
Coleman, W. Layne, Russ Cole, Henry Homes,
romen's Business Assistants: Margaret Ferriesi Jane
Steiner, Nancy Cassidy, Stephanie Parfet, Marion
Baxter, L. Adasko, G. Lehman, Betsy Crowford, Betty
Davy, Helen Purdy, Martha Hankey,, Betsy. Baxter,
Jean Rheinfrank, Dode Day, Florence Levy, Florence
Michlinski, Evalyn Tripp.
aek Staple, Accounts Manager; Iichard Croushore, Na-
tional Advertising and Circulation 'Manager; Don J.
Wilsher. Contracts Manager; Ernest A. Jones, Local
Advertising Manager; Norman Steinberg, Service
Manager; Herbert Falender, Publications and Class-
ified Advertising Manager.
NIGHT EDITOR: JOSEPH S. MATTES
pact between the "enemies across the Adriatic"
is, at least on the Yugoslav side, but a continua-
tion of this opportunistic policy and not intend-
ed as a definite choice between the two opposing
Sheriff Andres: A Rebuttal
To the Editor:
Mr. "CB.C." in yesterday's Daily, in his de-
fense of the Andres battalion, is quite unrea-
sonable and unless the linotyper was drunk the
other evening, I think his logic rears up and
kicks him in the face.
If, as he states, "Jake Andres' concern is not
so much what local workers and labor leaders,
of whom he is one, may do on their own in-
itiative, but rather about the possible resultsI
of what he calls the "radical political-gangster
type" of labor organizers," it is all what is gen-
erally called,'huiky dory. But when he con-
tinues, "After all Washtenaw County is neither
Socialistic nor Communistic in their varying
degrees, but still Republican, according to the
latest election returns," we must tell him that
either the election returns are wrong or he is
a Fascist. For after all, if most of the people
are Republican and they sit down as Repub-
licans, surely our democratic, American C.B.C.
would not sanction a punitive force to stand
them up and knock them down again.
In short, either C.B.C. and Andres are going
to function as strike-breakers against sitting
Washtenaw Republicans who don't want to sit-
down, or they are going to break up Washtenaw
Republicans who are born sitters in which case
Mr. C..C. is a liar._
But unlike C.B.C.'s epistle, Edwin F. Snyder's
makes no claim to a formidable logic and is
therefore easier to read, it being possible to start
in the middle and read up. If this is done one
begins with the notion that sit-downers are tak-
ing away people's homes and families, and ends
with the affirmation that the letter was born of
"the deepest disgust;" which ought to make
it impartial enough. Starting from the middle
and reading down, however, one ends with the
reassuring pleasantry that Mr. Snyder, Jr. is
four square behind the suckers behind Andres.
My sole contribution to this gentleman's un-
dubtedly vast and crystal store of knowledge,
is that, contrary to his statement, the "Liberal-
ists "'if they think at all," (which is a good
point), might very well "admit that it is fitting
and proper that any body of citizens should take
possession of property that can in no way be
conceived as belonging to them." But we agree
that this is "precisely what the men and women
who participate in "sit-down" strikes are doing."
For after all both ourselves and Mr. Snyder,
Jr. are good Americans, and good Americans,
like good elephants, never forget tea parties,j
especially the Boston kind. But all with one res-
ervation under the belt. The Boston Indians
never even built the tea.
-Arthur A. Miller.
To the Editor:
I wish to go on record as disgusted with the
high-pressure salesmanship methods used by
the staff of the Michiganensian, and especially,
I want to register my disgust with the actions of
the aforementioned staff, in notifying the par-
ents of seniors that their sons and daughters
had not purchased their copies of the year book.
The letter which they send to the homes of
the parents carries in it the implication that the
student might not have the "financial where-
withall" to purchase their beautifully-bound
Have the editors of the "worthy white ele-
phant" ever considered that such a letter is an
encroachment in the personal life of the stu-
dent? There are many of us who are earning our
entire expenses at school, and such a letter
brings on unwelcome inquiries into our financial
Personally, I wouldn't take a copy of it if it
were presented to me on a silver platter. I'm
not interested in what "Joe College" or "J-Hop
Maine" did while they took pipe courses here. I
believe that there are many who live on the
other side of the fence which divides campus life,
and the socially conscious are not concerned with
the silly antics of the others, except to pity them.
And beside, I need no album over which to sing
"Among My Souvenirs" in plaintive notes. The
Michiganensian would make a fine ornamental
door-stop, but I've plenty of those, as well as
other dust collectors
Again, I say that if a Fuller Brush man sent
home telling my parents that I hadn't bought
his particular brand of toothbrush, I wouldn't
think he had any less common manners than the
editors of the "5 pound, beautifully bound, super-
colossal, Sears Roebuck Catalog-The Mich-
Stop The Anti-Hitch-Hike Bill
To the Editor :
The bill "designed to curb hitch-hikers and
the mute appeal of the uplifted thumb," (Asso-
ciated Press dispatch, dated Lansing, March 25)
recently introduced in the State Legislature,
would not only impose a hardship on college
students, but would prove a detriment to the
Last summer, due to excessive heat in late
June and early July, Michigan's cherry crop
ripened about two weeks earlier than usual.
The domestic labor supply being occupied in
routine farming at this time, there was a serious
lack of unskilled labor.. From Detroit, Flint,
Grand Rapids, Chicago, and other industrial
cities marginal laborers hitch-hiked into the
fruit belt and saved the cherry industry.
++ IT ALL
BBy Bonth Wllam
FOR YEARS Guy Whipple was a character
who stood out on the Michigan Campus as
different. He was a character because he
turned a brilliant mind to everything from
Karl Marx to bookmaking, and excelled at every-
First on' the Free Press and now with the
Detroit Times, Whip is striding along the- path
of Hearstonian success and spending his week-
ends in Ann Arbor. I asked Guy to be guest col-
umnist today because he really can write when
he wants to.
Guy's present aim is to marry a girl who can
make the payments on a LaSalle convertible
coupe out of her own salary. Here he is:
OLD GUY is taking over Dr. Bonth Williams'
column today . . . because that worthy reports
that he's otherwise occupied (with more im-
portant things) . . . and so this will be nothing
more than a heartfelt, and perhaps futile, at-
tempt to set down a few things of interest as
seen by a gent who was requested by the Admin-
istration to bid good-bye to the campus . . . be-
cause he wasn't a "serious student" ... booted
100 hours and 227 honor points . . . and that's
the last morsel of braggadocio, honest.
A preliminary word or two about what some
ex-campus biggies are doing . . . you may be
interested (these lads are mostly journalists-I
never did know many respectable people) . . Tho-
mas Herman (Blimp) Kleene is toiling midnights
to 8 a.m.'s for the News in Detroit, and is doing
fine . . . likewise Thomas Emil Groehn, 'tho he's
covering strikes of late, and in the daytime . .
both are ex-Daily men . .. Jack (One Eye) Healey
and his comrade-at-the-Bell, Jake Flaherty, are
doing their bit for the Fourth Estate on the
Battle Creek Enquirer-News . . . Ruthie Sauer,
who is one oofly (excuse me, Mr. Winchell) swell
little girl, is the Whole Thing on the Huron
County Tribune . . . that's in her home four-
-corners of Bad Axe ... she ran afoul the author-
ities here last summer in a scholastic way 'and
got a ticket out . . . Pete Bowles, ex-Gargoyle, is
All Set in radio advertising (N.Y.) . . . Frank Gil-
breth, Alpha Delt and Daily editor of yore (was
it 1932) is an Associated Press newsgatherer
daown Saouth . . . Jo MacLean, society editor last
year, tells me she's writing short stories eight
hours per day . . . at her home in Detroit . : .
and hoping . . .Russ Read is General Electricing
in their training school . . . Too Too Devine is out
in Utah, or is it Montana, doing I-don't-known
what ... Jerry Pettit is looking gorgeously pros-
perous in immaculate detachable collars and
what goes with it . . . he's in advertising-public
relations bizz . . . I couldn't gather just what.
Robert Stuyvesant Ward, red-haired ex-Theta
Delt and super-speaker, is on the Det. Times bus-
iness staff . . . Karl Seiffert, former city-ed of
The Daily, is going up on The News, same city
.that's 'bout enough of us marvelously suc-
cessful journalists, I reckon ... and enough plugs
for how red-hot you get in this building.
you know, the Student Publications structure.
SEEMS TO ME CONTEMPORARY MAG, is
giving this business of what's wrong with
the LS and A college a super build-up . . . and
rightly so . . . there's a-plenty wrong with it .. .
some questions this non-intellectual mind thinks
the power-that-be must ansywer: (1) why do "the
boys" get a thrill of pride out of cutting a class,
or a week of classes . . . (2) why do studes have
to apologize if they confess an interest in poetry
... (3) why are lit college courses easier than
those in a Grade A high school? . . . (4) when is
this silly business of giving grades going to be
rubbed out of the system . . . (5) why am I not
going to send MY sons and daughters to a state
university? (they're going 'round the world and
soak up a real education) . . . I except the pro-
fessional schools from these ramblings, they're
quite O.K. for my dough . . . where'm I going
to get the money to educate the kids? . . . 's a
The most precious quality a girl, college or
otherwise, can have: Spontaneity.
Second most precious to above: Comehithery-
BRRRFFFFSKK! Thoughts from a mumble-
jumble brain: Mr. Lewis' Committee for In-
dustrial Organization is going to go all kinds of
places. . . bigger 'n better . . . just where's it
going, this high spokesman declines to indicate
. .. the sit-down is on the wane ... the A. F. of L.
is in its grave . . . Sceneshifter, Maxwell How-
ard's speedy hide, is my Dark One to cop this
year's Derby May 8 . . . he wheeled one and an
eighth in a fifth of a second off Brevity's Hialeah
record recently, I remindja . . . by 12 lengths
"only" ... 30-1 in the book, if you hurry. . . Ros3t
won't seek a thoid term . . . there'll be a "real"
(sounds like a Red talking) Farmer-Labor party
in the field in '40 . . . Winchell is the world's
greatest columnist, don't see how he does it
(don't see how I do it either) . . . I'm not vain,
just conceited . . . my Ann Arbor back-bills for
1935 and 1936 will soon be paid off . . . who
cares?? .... PLENTY of people! . .'. To the One
Person who is reading this, I know . .,. I still love
you, and always will . . . think the Michigans
will have a better f'ball team this year . . . the
way to slash the auto death toll all to -(oop) !s
is to have driving schools in grade school .
so the urchins NEVER learn the wrong way,. .
it's my 45-year plan . . . please note, Professor
Worley . . . glad to see Mr. Kipke upturned
Gloom-Guy Rockwell's prediction's he be oust-
ed . . . the Free Press' Charley Ward of Tiger"
coverage fame is just about "In" as sports ed ...
I love Ann Arbor, and the U. of M., and all of
you . . . come around to the Parkstone in De-
Raymond Clapper Advocates
AdoptionOf Court Proposal
EDITOR'S NOTE: This is the first
of a series of two articles representing
the affirmative and negative positions
of the court proposal as presented in!
the columns of The Quill. Mr. Clapper
is the Washington correspondent of
the Scripps-Howard newspapers. At
the first opportunity we will reprint
the neative arguments of David Law-
rence, editor of The United States
By RAYMOND CLAPPER
THE hysterical attack upon Presi-
dent Roosevelt's Supreme Court
proposal obscures its essential mild-
We are being treated to a bedlam
of frantic shrieks not unlike those
which split our ears in the presiden-
tial campaign when we were warned
that the Administration, under the
guise of social security, was preparing
to hang a dog tag identification
badge arounddthe neck of every free-
born American workman.
What has Roosevelt proposed?
Changing the Constitution? No.
Curbing the powers of the Supreme
Court? No. Requiring it to reach its
decisions by a two-thirds or unani-
mous vote? No. Stripping it of its
appellate jurisdiction? No. Tamper-
ing in any way with the power
of the court? No. Chief Jus-
tice Hughes said the Constitution is
what the judges say it is.
RESIDENT ROOSEVLET, twice
elected with a popular mandate
to deal with social and economic con-
ditions that need correcting to make
our system work more equitably, is
simply fed up with a situation which
leaves his whole program to be
thwarted by a hangover court, ap-
pointed by predecessors going back
a quarter of a century.
He is fed up with having five or six
judges whose political philosophy
was repudiated in 1932, again with
more emphasis in 1934, and finally by
all except two states in 1936, veto
efforts to deal with conditions that
public opinion seems to feel should be
He is fed up with having groups
and interests use the reactionary
wing of this court to thwart what
they could riot defeat at the polls.
He is fed up with the same thing
that a minority of the court itself is
fed up on-and which caused As-
sociate Justice Harlan Stone, in his
indignant dissent from the AAA de-
cision, to rebuke the reactionary ma-
jority of the court and say: "For the
removal of unwise laws from the
statute books appeal lies, not to the
courts, but to the ballot and to the
processes of democratic government."
Roosevelt is fed up and impatient.
And understandably so.
lNSTEAD of waiting for vacancies
to occur in the natural course of
events, he is trying to force them, or
failing that, to cancel out the votes of
these reactionary judges by appoint-
ing additional ones who, he hopes,
would be more in sympathy with the
interpretations rendered by Justices
Brandeis, Stone and Cardoza.
It is an unprecedented proceeding
intended to deal with an exceptional
situation in which the court, by rea-
son of the unusually long tenure of
some present members, lags far be-
hind the viewpoint of the country,
which has undergone a vast change
within the last few years.
The Philadelphia Record calls it a
move"'to "unpack the court."
Roosevelt suggests no fundamental
change in the form of government,
only a superficial one aimed at a glut
of justices who have shown them..
selves completely out of. sympathy
with the times, and who happens, to
be in a strategic position to impose a
final veto upon the effort of the Fed-
eral Government to respond to the
demands upon it.
WHY, the principal objections to
President Roosevelt's Supreme
Court proposal do not seem to me to
in this world or weakly resign him-
self to futility.
Squeamish pedants will say Roose-!
velt should sit with folded hands.
Practical persons prefer results to
vain theorizing about hypothetical
3. Roosevelt's method would open
the way for dictatorship or fascism.
Dictators are born when a nation's
people are desperate, when self-gov-
ernment breaks down. They are
avoided when government meets its
responsibilities efficiently. When the
Government was paralyzed under
Hoover, Republicans were crying for
a Mussolini. The Supreme Court is
doing its utmost to prevent the Gov-
ernment from responding to the
needs of the time. Dictatorship is
more apt to result from such paralys-
is as the Supreme Court is in dan-
ger of imposing than from a respon-
sive functioning of the Government
which Roosevelt is trying to bring
. 4. This plan seeks to avoid a con-
stitutiOnal amendment by a legisla-
tive short cut-
Why delay to tamper with the Con-
stitution if a change in the balance
of the court, achieved through means
clearly within the authority of Con-
gress, will serve? Why take the
longest way around?
5. But this method denies the peo-
ple a chance to pass on an amend-
Do the people pass on an amend-
ment? Thirteen states can block
any amendment. Barely one-third
of the membership in one house of
each of the 13 legislatures can block
ratification, although the country
might, if it could vote directly, be
overwelmingly for it.
6. It would upset the balance of
the three branches.
The court's powers are unaffected
in any respect by this proposal.
7. Roosevelt is trying to get a Su-
preme Court which will amend the
Constitution by judicial interpreta-
We have a court which is constant-
ly amending the Constitution now
by majority interpretation, usually
by five or six justices. Roosevelt
v ants to make the minority interpre-
tation prevail. It is a battle between
two schools of interpretation. Roose-
velt naturally wants his to predom-
8. Age is no criterion of capacity.
True. Any line is arbitrary. Roose-
velt would fix it at 70. Chief Justice
Hughes has suggested 75. Most cor-
portations fix it in that vicinity for
their top executives.
9. The plan was not advanced dur-
ing the campaign.
Is a President to be stopped from
suggesting anything that he did not
propose during a political campaign?
Anyone who advances such an argu-
ment seriously is too innocent about
practical politics to be discussing
It is always thus in a period of
great change and crisis. It is part of
the natural process of readjusting
our democracy to new demands aris-
ing out of the times. The strong
man meets his crisis with the most
practical tools at hand. They may
not be the best tools, but they are
available, which is all-important. He
would rather use them, such as they
are, than do nothing.
THERE is no point to the present
discussion about the Supreme
Court unless it is kept in mind that
the court exercises what amount to
legislative functions. Justices Holmes
said the courts "do and must legis-
The Constitution consists of only
89 sentences. The framers felt it
was wise to leave the details of gov-
ernment to be filled in by those who
would operate it. Particularly on ec-
onomic questions the Constitution
WEDNESDAY, MARCH 31, 1937
VOL. XLVH No. 131
Students in the College of Litera-
ure, Science and the Arts: A meet-
ng will be lield today at 4:15 p.m. in
Zoom 1025 Angell Hall for students
n the College of Literature, Science
nd the Arts and others interested in
uture work in forestry. The meeting
ill be addressed by Dean S. T.
Gana of the School of Forestry.
A.S.C.E. Applicants: All engineers
n these departments: Civil, Trans-
>ortation, or Geodesy and Surveying
'ho desire to be considered for mem-
lership into the. Student Chapter of
;he American Society of Civil En-
;ineers please put their applications
it the box just outside of the Struc-
kual Office, 301 West Engineering
3uilding. Application blanks may
e obtained in the office.
The University Bureau of Appoint-
rnents and Occupational Informa-
tion has received notice of two schol-
irships, paying tuition only, offered
by the Gloucester School of the
rheatre, Boston, Mass. The schol-
arships are open to either men or
women and are for the Summr Ses-
ion. Application should be made by
April 1 to the Gloucester Schol of
the Theatre, 112 Charles St., Boston,
Women registered for Camp Posi-
tions, and interested in the camp of
the Detroit Girl Scouts: Miss Cutler,
Director, will be at the Bureau today,
Wednesday, for interviews. Kindly
call at the office between 11 and 12
o'clock to make appointments for the
T. Luther Purdom,
University Bureau of Appoint-
Carillon Recital: Wilmot F. Pratt,
University Carillonneur, will play an
all request program on the Charles
Baird Carillon in the Burton Mem-
orial Tower, Thursday, April 1, at
Organ Recital: Helen Zbinden, or-
ganist, a pupil of Palmer Christian,
University organist, will give a re-
cital on the Frieze Memorial Organ
in Hill Auditorium, Thursday, April
1, at 4:45 p.m., to which the general
public is invited.
Mr. M. G. Meriam will present a
demonstrational lecture on the man-
ufacture, selection and care of clin-
ical thermometers, hypodermic sy-
ringes and needles in Room 165,
Chemistry Building at 4:15 p.m. to-
This lecture should be of unusual
interest to students in tIe College of
Pharmacy and Medicine. All who
are interested are invited to attend.
An Exhibhion of Chinese Art, in-
cluding ancient bronzes, pottery and
peasant paintings, sponsored by the
Institute of Fine Arts, at the Archi-
tectural Bldg. Open daily from 9 a.m.
to 5 p. m. except Sunday through the
months of February and March. The
public is cordially invited.
Luncheon for Graduate Students
today at 12 o'clock in the Russian
Tea Room of the Michigan League
Building. Dr. John W. Riegel, As
sociate Professor of Industrial Rela-
tions and Director of the 'Bureau of
Industrial Relations, will speak in-
formally on "Public Policy toward
Cerele Francais: There will be a
meeting of the Cercle Francais this
evening, at 7:45 p.m. in 408 Romance
Languages Building. All members are
urged to be present.
Botanical Seminar meets today at
4:0 p.m., 1139- N.S. Bldg. Paper by
R. Uhvitz "Experiments with some
unicellular green algae in pure cul-
Alpha Nu: There will be a-meeting
this evening at 7:30 p.m. At that
time Adelphi will be our guests and
the program will consist of a debate
between the pledges of the two or-
ganizations. The subject will deal
with sit-down strikes. All new mem-
bers and old members and also
friends are invited to be present.
Michigan Technic Staff and Try-
outs: There will be. an important
meeting of the -entire Technic staff,
tryouts included this afternoon at 5
p.m. in Room 3046 East Engineering
Building. Please be there.
University Girls' Glee Club: There
will be a rehearsal tonight. Every-
one must be present. Those who are
unable to attend the rehearsals from
now to the concert nextweek will
not be able to sing in the perfor-
F OREIGN OBSERVERS hav
placed three different interpreta-
tions upon the political arid economic pact signed
last Thursday by Italy and Yugoslavia. One
view is that the move signifies the departure
of Yugoslavia from the ties of the Little Entente
and the weakening of the Yugoslav alliance with
France; in other quarters it is held that Il Duce's
intention is to deliver a slap in the face to
Germany, which has been cultivating commer-
cial relations with the Balkan nations and. at-
tempting to persuade them to embark upon a
policy of bi-lateral pacts; the third field of
thought, and to this the New York Times' sub-
scribed editorially last Sunday, holds that it is
"idle to speculate about the ulterior purposes,
if any, of the signatories" and would accept the
treaty as merely "a statesman-like effort to
eliminate those elements 'of friction which more
than once have threatened war between twos
The treaty is more than a commercial pact.
In addition to an agreement to cooperate eco-
nomically for the improvement of mutual trade
relations, the contract contains four political
provisions of utmost importance in a moment
when Italy seems to be suffering reverses in
'The two powers agreed for a period of five
years to respect their present land and sea
boundaries and pledged themselves to refrain
from any act in support of an aggressor should
either be attacked by a third power.
In a reiteration of the Kellogg-Briand Pact
they, agreed to reach peaceful settlement of any
grievances between themselves and renounced
war as an instrument of national policy (at least
in so far as that national policy affected the
Common action is to be taken in the future
when political developments in a third state
affects the interests of both. And finally neither
country is to allow on its own territory propa-
ganda directed against the present regime of the
There is no doubt that this treaty does pro-
vide a safeguard for Italy's Adriatic flank, al-
though the strength 'of that safeguard cannot
be determined now. Moreover, when Yugoslavia
allowed the treaty's preamble to contain a de-
scription of Victor Emanuel as "King of Italy
and Emperor of Ethiopia," Italy achieved de
facto recognition of its African conquest.
What the pact means to the alignment of
powers in Europe is uncertain at pres.ent. It
must be remembered that Italy's future is tied
securely to that of Austria and Hungary by
the Rome protocols, while Yugoslavia as a mem-
ber of the Little Entente is distinctly hostile to
Hungary and her allies. Moreover, Hungary and
Germany both advance territorial claims against
the Little Entente.
Nevertheless, Yugoslavia has shown no visible
hesitancy to jeopardizing her future security
be controlling: was left vague and skechy. There is
1. It is too clever, it is not forth- no mention of banks or banking or
right.j paper money. Congress was given
Whether President Roosevelt was control of "coinage."
candid or not, his proposition is defi- Power was given to regulate "com-
nite. The question is not whether merce" with foreign nations and
the proposal was phrased too clever- among the several states. Some years
ly but whether, in itself, it is desir- later the Supreme _Court ruled that
able. If bad, all of the bluntness in commerce covered not only the mer-
the world should not commend it. chandise but the carriers, opening. the
If good, what does it matter whether way for Federal control of navigation,
it was presented in honeyed words and later, as new inventions came
or tart? along, control of the transmission of
2. It packs the court. electricity and of the telegraph and
True. For four years the court telephone, and now of radio, and of
has been stackeduagainst Roosevelt, migratory birds.
thanks to four aged justices appoint- Marshall did his monumental work
ed 15 to 25 years ago, responsible largely by drawing on the implied
only to themselves, who have under- powers, by interpreting the Constitu-
taken to block practically every ma- tion. And to give a clause a' new in-
jor New Deal measure passed by terpretation is to give it a new mean-
Congress. In four years Roosevelt ing. To give it a new meaning is to
has had no opportunity to appoint a alter it. Thus the court adds to the
single member of the court. He must written Constitution.
deal with a hangover court -which isj
ipped against him by onerorhtwos NE of its most monumental addi-
votes. tions has been built upon a vague
He is trying to speed up the ap- phrase, "due process of law." It came
pointments which in all probability over from the Magna Charta and in
he otherwise would have opportunity English common law it simply meant
to make before his second term is that a person was entitled to a fair
over, and thus eventually reverse the
ballance of the court. But then it
would be too late for him to deal
with matters that need attention now.
It happens that Congress has clear
constitutional authority to do this.
trial. Chie justicei Hugnes once sai i
that the phrase probably was vague
to the framers but that it was "all
the better for that." The Supreme
Court,the explained, has provided
'a content for this clause.'