(8 of 8)
Gradually the opposition to the President's proposal began to take form, the Republicans generally leaving the leadership to Democrats in order not to make it a partisan issue. Democratic Senator Burke of Nebraska described the bill as ''the most direct attack on the independence of our judiciary which the country has seen." Democratic Senator King of Utah declared, 'T most certainly do not approve. . . ." Democratic Senator Glass, at home in Lynchburg. Va., snorted at newshawks, "I thought it was generally understood that I was opposed to any tinkering with the Supreme Court."
Nor was there any doubt on which side the stentorian logic of Senator Borah would be heard. He said the President's message was too important to comment upon ex tempore, but four days before it was delivered the Independent from Idaho had put himself emphatically on record as opposed to letting the New Deal overrule the Supreme Court except by a Constitutional amendment: "If the people desire that the Federal Government shall have control over their local affairs it is for the people to say so . . . in the manner pointed out by the Constitution."
With the huge Democratic majorities in Congress, all odds were that the President would get what he wanted. But with a big block of Democrats squirming uncomfortably on the fence, and the calibre of the leaders who openly opposed the bill, it became certain that there would be a good squabble in the House, a battle royal in the Senate before Franklin Roosevelt could have his way.
*The titillated press soon found out, of course, that Charles Evans Hughes had said it in a lecture delivered at Columbia University in 1930. Other quotations from that lecture: "I agree that the importance in the Supreme Court of avoiding the risk of having judges who are unable properly to do their work and yet insist on remaining on the bench, is too great to permit chances to be taken. . . .
"Men who take good care of themselves and live the protected and regular life of a judge are more likely now to be fit at 70 than were their predecessors at 65 under the conditions of 50 years ago. . . . Compulsory retirement at 75 could more easily be defended. "The community has no more valuable asset than an experienced judge. It takes a new judge a long time to become completely master of the material of his court. Contrary to general opinion, the work of the court tends to keep a man keen-witted and earnest."
*The Constitution says, "No Senator or Representative shall during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time."