1937-03-08 — Page 10

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THE CHINA MAIL, MARCH 8, 1937.

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was, in any case, seldom used. During recent years, however, and particularly during the period of the New Deal, the Supreme Court has used its power to nullify federal enact- ments with increasing frequency

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PRESIDENT. AND

JUDICIARY

country in the world possessing a federal Constitution is the thea- tre of a struggle for an exten- sion of federal powers. But in the United States the struggle has been complicated and embit- tered by the tendency of the

Hong Kong, Monday, March 8, 1937. Supreme Court Justices to give their decisions in the light of what one of their number has called their "personal economic predilections" The result has been to weaken the authority of the Court and to bring its judg As was predicted when Presi-ments into the arena of political dent Roosevelt announced his controversy.

It is that special fact which bold scheme for the reform of the federal judiciary, his far- gives President Roosevelt his reaching proposals, meaning no-strength in the fight that evid- thing less than the introduction ently still lies before. If it is of a new bench to the Supreme true that personal predilections Court, has given rise to a strug-have played an important part gle as heavily charged with Supreme Court decisions, passion as any with which the there is ample reason for any President has had to face during and every step the President may his term of office. He is accused choose to take. It is, indeed, of attempting to "pack" the noteworthy that his proposals do Court in favour of his political not provide for limitation upon and economic programmes and the powers at present exercised the accusations are hard to re-by the Court. They do not but because it is frankly admit-directly involve any issue of con- ted that the need for reform stitutional law. Primarily they arises from the Court's actions aim at making the judiciary less in nullifying several of the most static by the systematic addition important measures flowing from of new blood to its personnel, as each Judge reaches the age of the New Deal.

It is typical of the President70 without retiring. As six of that he has met the political the nine Justices at present con hurricane in the way he has stituting the Supreme Court are At the victory dinner of the over seventy years of age, the

implication is obvious. Democratic Party in Washington

on Thursday, he not only refus- ed to surrender an inch of

ground, but carried the campaign The Black-Out into enemy country and made a

the

direct appeal for the backing of The dangers confronting the American people. Of his Colony in the remote event of a determination to proceed with war in the Far East are being his programme, there can no brought home to us in no uncer longer be any doubt. He accus-tain fashion. Dr. Dovey has ex- ed the Supreme Court of wilful plained, and demonstrated, the failure to pull its weight in the means that may be used to "three-horse team of the Amer counter-act the poison gases that ican system of government," and may be expected to rain down Government declared that it had created a from the skies. "no-man's land of final futility" has ordered a "black-out," and These are plain words, leaving Hong Kong and Kowloon will be no room for misunderstanding. plunged into darkness during His justification is the need for the early hours of March 21. social betterment on a tremend- "Plunged, perhaps, is hardly ous scale which he is convinced the correct word, for at the time will be hampered at every turn of night when the practice will or nullified unless his reform take place (from 2 to 4 zm.) plan is accepted.

most people will in bed and, ex-

It is a curious fact, though cept here and there, the only now of little more than academic bright lights to be seen will be interest, that the right to in those illuminating the streets. validate acts of Congress on The whole object of the prac constitutional grounds was not tice, therefore, if as is suggest- bestowed upon the Supreme ed, it is intended to accustom us Court by the framers of the to extinguishing all lights at a Constitution. It was first claim-given warning, must misfire ed for the Court by John Mar-Ninety-five per cent of the shall, the great Chief Justice, population will be unaware that there has been a practice at all. who based his claim

To be of value, the black-out

right of the Court. to inter

the Constitution,

it has long gin and although woud have to be ordered for an

been conceded hour at which most lights are on,

Doubtless, Govern

by custom, the recognition

was strenuously

time Indeed on one

feels the ment

mous duly

occasion, President Jackson, the and part

father of the

which President Roosevelt

leads, defied the Court to enforc