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0-19 (Rev, 7-10-58) hief justices of the state supreme » tourts the other day offereg-gome ‘ad-_* iwi <e ad the United StateszSupreme, ‘ ‘By ‘an » bverwhalial g ‘vote of 6 ‘to 8 fundamental purgose of having” a written constitution isto promote the” ;certainty/ and stability of the provi- siona | of: law set forth in such ' ‘a constitution .~., Pee ge Ty ah Our ‘system of féderaliom, Onder | the Seagee3 4 Revi EW. and Ol s te re pita Sable langiage, And ‘what ‘should. the —— Court do in order to restore the balance the chief justices find?. The. “Snstver to that was alsp a polite but; plainly put condemnation: ‘“Bixercise’ ‘one of the greatest of all Judicial; tthe members of the” iorence pywers the POWSr | of. ‘ju jal self- hief Justices, meeting in Pagade: sta restraint." rer righ 12. fh geo alif., had these things to say: _ “1. Now there are “two facto ‘should be remembered. about Phe Ide son in I4w and admonishiment to ‘re- ~ straint, One is that the state chief jum: tices are decidedly interested parties’ to ‘the conflict between; Federal. and: state powers. They-are the guardians: Neas Parson osen amm rotter a. an. ele. Room HoNoman —_ Gandy —__}. ' rnc control of ‘matters primarily of of what rights remain ‘to the states,, ational concern is commitied to our and they do not like to see them niba national government and control of ‘bled away for any reason. And, being matters primarily of local concern is men; they especially do not like to wreserved to the several states, is sound other men upset their doggie and 1 d should be tnore » diligently pre reasoning. - 4 rved.”. 0.5"! ae are But the other factor is “that thi is ‘ “The division of powers between. “siat just the view bf one chief justice in those granted the national government d those reserved to the. state govern-- ‘ments should be tested solely by the ‘provisions of the Constitution of. the. ‘United States and ne. Amendments cthereto.”’” ate . ;. The Conference : Ot ‘Chief’ Justices. ‘then went on to suggest where the just-_ ices think the United States Suprethe~ ‘Court has gone astray in some of its de- ” "cisions affecting the .velationships of - ‘the division of Federal and state Powers, They admonished the Supreme | Cuurt to recognize that there is a dif- erence between what the Constitution | quires or allows and what members, pirable or undesirable.” =) 0 gts 5° short, the highest legal authori. ties of the states here are tellin Supreme Court that ‘cases should be | and not by what the members think, e Con.titution should say. They are Ise warning the Court egeinst -cone i ftinved es dorm ‘of, “loc “oe tf sovemament °| e 8 stone 0 ae beralism. “continue to functi "NT DRE Y1- "wen ‘of the Supreme Court ‘ ‘may. deem de ; | one state about one case.'It is the con¢ sidered opinion of 36 chief justices wha come from al] sections of the on. and who have little else Ba foe aside from their guardianship of their’ - states against Federal encroachment¢ They.are attacking a patiorn _ they, ’ think is dangerous. - >", What they had to gay will: provide a great deal of ammunition to those who would take away some of the Supreme Court's powers. And“from those who conversely, think the Supreme Court eres thn a ean de no Wrong ‘ever, the chief ji _ tices will hear the cry that they them, ' selves are guilty of judicial unrestraing “in criticizing their higher brethren. “4 Both these results can surely be, an: ticipated.: But ‘since, like. the’ chief’ the justices, all of us are interested parties! r should be—in retaining a proper powers, one other result of this pl for sélf-restraint should be hoped fo And that da that tha Gunrema Cat WAAAY 40 MAA ES be ek will ‘read this report in the light « of ae decisions apa judge where, j ‘decided by what the Constitution’ saya, Fe ederal system of national ‘and vi l CR.ZIEF ES NOT PRCONDED 184 SEP 9 41958 ————— ee ———— Wash. Post and Times Herald Wash. News Wash. Star N.Y. Herald Tribune N, Y. Journal-_____— American N. Y. Mirror N. Y. Daily News —— N. Y. Times __--__ Daily Worker Th. Wael ae He FAD Ee New Leader —_—--__—_ Journal _.___— Date 8/27/58 “