◆ SpookStack

i} By DA aamment on the allaim: Comment on &ne all most famous in the way i 0-19 (Rev. 10-29-57) ( . in National Affairs -—— Judge Hand Seen Debating Court’s ‘Legislative’ Role WASHINGTON, Mar. 8—~Perhaps the mest Teemerkable rant teen of how far important lemme of how far the the United States shail be permitted to develop Into a legislative chamber" hes come from Judge Learned Hand, retired. 1 3- on os . He is one of the most respected and mem of the Federal bench. The three lectures he recently delivered be- for the Harvard Law School have just been published by the Harvard University Press, and they leave no doubt that in his opinion the Supreme Court overstepped its powers it ruled in the “segregation” age Sone op vor-| tures have been the s biect of much favor- the Capitol here among’ P Senators who all along have felt that the , Supreme Court bas been usurping jegiala- MESS TSS oee ey Supreme Court because of their persuasive fnterpretation | of the “law of the land.” Judge Hand finds himself iperplexed by the decisions in ‘the “segregation” cases. He aeys it is “curious” that the Supreme Court failed to men- ‘thon Section Three of the Pourteenth Amendment, “which offered an escape from inter- vening, for it empowers Con- gress to ‘enforce’ aM the pre- ceding sections by ‘appropriate legislation.’ ” On Court's Role Judge Hand, after endeavor- ing to anabge the Supreme Court’s 1954 opinion in the “segregation” cases, says: | “I must therefore conclude’ this part of what I have to say by acknowledging that I do bot know what the doctrine Is as to the scope of these clauses. ._ I cannot frame any definition that will explain when the court will assume the role of a third legislative chamber and ‘when it will limit its authority states within thelr uthorit?."* i Known as “Liberal” Judge Hand sat for many years on the David Lawrence United States Circuit Court of Appeals in New York City, He is known as s “liber@," but he is also known as a fearless judge who did not all considerations of political expediency or emotional feelings impair his reading of the Constitution or his study of the baftc precedents established br the courts in crevisus years — tom urts im previous years. In fis day, Judge Hand’s opinions were usually accepted by the Judge Hand sayz, r thal he “has never been abie ine ndersteand” on what adds: and then _ it we do need a third ehamber, it should a) what it is, and not us the wo terpreter of inscru . ciples.” prin Not by Appointment Judge Hand, however, doubts: whether any judge should Judge Hand says ect that the Court eee days is not following the Con- stitution or th “foun ¢ precepts of the is a“ , _ bo keeping Congress and the} ber.” J third legislative cham- fathers udge Hand doean’t want a appoint- gt be most a bevy en if I them, not. If should miss the stimutus of living in: a society where I have, at least. theoretically, some part the; direction of public affairs. — “Of course I know how illu- “supreme law of the land.* Congress is today face to face with the issue of whether the Supreme Court ag a “third leg- plative chamber” ae ee LD cin tinue to nsurp power. Bills are pending and hearings are be- REP g9e oS NOL BECoRT a Tolson a oly fy ease Parson. im ter 71 Clayton — Tele. Room Holloman Gandy Xx Wash. Post and Times Herald Wash. News Wash. Star N.Y. Herald Lt Tribune N.Y. Journal-___.__ American N. Y. Mirror T W Netley AI N. Y. Daily News —— N. Y. Times Daily Worker The Worker New Leader —_—_—_-—_