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ED AMS | Py ORB BILL Mr. Def Mr. te S$ Bench-Qught te Have ur ae reoaau / ast Word? Generally to [bain * End ‘Unsettied Gonfllot’ jf Mr. Ta... { Mr. Tr - ‘ Special te ‘The New Tort Times. Mr. Chi oon WASHINGTON, May T —- Tele. 2 oom Judge Learned Hand came out Mr. Feu ia: in opposition today to a pend-|| Miss Gundy ing Benate bill it would curb the power of t upreme Court ang overrule several of Its re- cent decisions, “Such « statutes if enacted would be detrimental to the best interests of the United States," Judge Hand sald, He expressed his views in a letter Tesponding to one of Senator Thomas C. Hennings, Democrat of Missouri and a lading oppe- nent of the bill Senator Hen- nings read the letter on the floor. The hill ts = product of pro- posals by Republican Senators’ John Marshall Butler of Mary- jand and William E. Jenner of| Indiana. It was approved by the Senate Judiciary Commit- tea by a vote of 10 to 5. The letter is significant be- cause backers of the bill had been quoting Judge Hand, who saw long service as chief Judge of the United States Court of Appeals for the Second Circuit, in support of their position, In a series of lectures at Har- vard Law Schoo! this winter r Judge Hand, who la retired, in ae : eautioned against too ready use of the court's power to review the constitutionality of Federal legislation, He aaid the Supreme Court had on occasion over- used the power and had made itself, in effect, “a third legis- lative chamber." These words have been quoted by the sup porters of curbs on the court. No Constitutions] Point In his letter to Senator Hen- nings, Judge Hand, who still sits as a judge, sald he felt he should not comment on the con- atitutional question, But he said: "It seems to me desirable that the court should have the “~~ last word on questions of the character involved, “Of course there is always the chance of abuse of power wherever it is lodged, but at long last the least contentious y / t jf ess + Oe ee d fi ate Sear ~ ~~, organ of government generally ; is the court. I do not, of course, mean that I think It is always WIP yor right, tut aoe final 3 authority { is better than isettled © con ee Ee a et aT yl _ fiiet.” pee | The BLY would prohibit the famoe, 7 ' ai : Supreme Court from : mina’ exclu nh gor RECORDED : sons fran th the bar, and it would! “ . i rohibit courts generally C 4 May 21 1958 ! From loolyng into coutne pertinence ¥, of queatidgs waked by Congres- 67 MAY O73 g , sional cominittess of witnesses oi id a later charged with contempt. The bill would also re-intet- pret the Smith Act of 1940 te cad ~ thee retlon!