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BAILEY RAPS STAND ON COURT REVISION Answers Resolution Adopted by General Assembly Supporting President’s Reorganization Plan Washington. — “To the addi tion of six justices to the Su preme Court of the Unitec States, I have most serious ob jections, upon considerations which I intend herein to set oul —and I am the more moved tc do this because I am informec that the conciirrent resolutior was adopted without discussiov or debate, and without a recorc vote,” wrote Senator Josiah W Bailey to the General Assembl} of North Carolina upon receip of a copy of the joint resolutior of the General Assembly whicl proposed support of the measure by the President “making im portant changes in the Federa judicial system.” The resolution was adoptee March 22 and was delivered tc Senator Baily April 15. In hi; letter to the General Assembly Senator Bailey wrote that the changes proposed by the Presi dent in respect to the circuit anc district courts he has no serious objection. HAS BACKED if. U. K. “The preamble of the resolu tion sets out only two consider ations supporting it,” Senatoi Bailey wrote, “and neither oi them professes to touch th< merits- One of them is tha “the recommendation of the Pre sident . . . presents an issue o: great national importance t( which the people of Nortl Carolina and all other people oi the United States are vitally con cerned.’ In this I concur; anc since an issue of such import ance is presented I am sure il ought freely to >e discussed anc debated. I may add that I have upported nine out of every ten of the President's principal re commendations (about 50 in number) to the Congress — and that I have gladly honored him for his great leadership in this most difficult period. I do not disagree with him willingly or without regret. “The other consideration is that ‘the people of North Caro lina are strongly supporting the ~ 'President ~of States in his recommendations to Con gress and a great majority of the people of this State firmly be lieve that the enactment of such measure is vital to the future welfare of our people.’ Not that the General Assembly finds merit in the measure, but that it believes a great majority of the people believe that its enactment is vital to the future happiness and welfare of our people! This is the only reason stated for the General Assembly’s request.” Senator Bailey went on to say that we do not guess about pub lic opinion in America—we as certain it at the polls; this is the purpose of elections. “It is true that all questions are not sub mitted to the electorate, but the principal questions are submit ted. The Democratic party sub mitted the pending issue in the campaign and election of 1936. . This section gave explicit ,1 _ 1 _A- 1 ^ r-1 4-i T asbUldTicc men. difficulties arising upon judical decisions would be met by the accepted process of amendent to the Constitution—specifically a ‘clarifying amendment,’ such as will assure ‘the power to enact laws which State and Federal legislatures . . . shall find ne cessary.’ It also declares—‘thus we propose to maintain the let ter and the spirit of the Con stitution.’ ” SAYS OPINION NOT CHANGED Notwithstanding the General Assembly’s expression of opin ion as to public sentiment, Sen ator Bailey said that he is bound by the actual expression of public opinion in the election. November 7, in which he was elected- He said that he could not assume that public opinior had changed since February 5 and surely it could not have changed prior to that date. H< stated that he considers it hi: duty to abide by the platfom of his party, to maintain th uniy and integrity of the De mocratic party. “If the President’s proposa were o more than a plan t provide for an adequate numbe of justices,” he continued, could readily support it. But : is more. Beyond all cavil, it i more. One cannot escape th evidence. The resolution of th | General Assembly carries the evidence of this in that it de clares that ‘a majority of the | people firmly believe that it is I vital to their future happiness land welfare.’ The Presidenl , himself, having put the measure forward on February 5, as mere ly one to provide for an ade cjuate number of justices, has . since repeatedly made it knowr that the additional number is desired because he expects, b) : appointing six additional jus tices, so to reconstruct the courl as o bring about a tenor of de :!cisions upon legislaive acts dif .' ferent from the decisions hand , ed down in recent years by the [court as now constituted, differ ent likewise from the historic .[interpretation of the Constitu I'tioti, utterly different from the 'interpretation of the Presiden . himself in 1930 in a formal ad . dress to the American people.’ I'QUOTES FARLEY J “No one,” he pointed out [“now disputes that the purpose ! of the proposal is so to expanc .'the meaning of the Constitutior | as eo give the Congress practi rally unlimited power, and con i cuniiAnfKr raetri/'f m : tion the powers reserved in th< ‘Staes and righs reserved in th< . people as individuals. The Pre '1 si dent has frankly made this i plain—in his Victory dinner ad 'dress to the American people . ' And, I may add, in passing tha‘ .'since these addresses were ut tered, his political manager anc personal friend, the Postmastei Genedal, the Honorable Jame: A. Farley, has publicly boastec of the President's control ovei ■ Congress. ‘We,’ he said, ‘will 'call the roll, and all will be O K.’ Having a Congress that will enact legislation, a Supreme Court is needed to spuare the ! Constitution with it in order that the will of the President may be supreme in our republic, it i will be had whenever ‘we’ call I the roll j “Over against this I have no choice: I must exercise my of ■fieeto preserve constitutional representative democracy.” Senator Bailey explained that Congress has the power to de termine the number of justices, to provide the funds necessary to maintain the Court or to re duce them, to withold funds ne cessary to enfore the decrees of the Court—“But I know that good faith with the oath to sup port the Constitution requires of a Senator that he shall not exer cise those pawers to affect the tenor of judical determinations.’1 Manifestly it was never in tended that President and Con gress might get together for the purpose of reconstructing a court to find their acts within the powers granted by the Con stitution, he said. “For if Con gress may have the Constitution construed to suit its purposes by | enlarging the number of justices, jwhy have any pretense what ever of an independent judicial !department? Why not return to I the system against which we re voitea r SAYS ASSEMBLY FAILED “I am sure the General As sembly did not request me to support the bill referred to solely because the President re commended it,” he wrote. “This might be inferred from the first paragrahp of the preamble. But its record is far from being one of supine acquiescence. I re call that the President requested that the General Assembly rati fy the so-called Child Labor a mendment, which it refused to do; and also that the adminis tration sent five bills to the Gen leral Assembly with representa tives to urge their passage, and that of these five only one was 'enacted. No criticism is in J tended here. In the General As sembly as in the Congress, a leg islator must do his duty as he sees it. The responsibility is juoon him, and he cannot shift i 11 either to President or to wha' i1 he conceives to the populai ’ | opinion. . . . I “If the powers reserved t< 11 the State of North Carolin; Fought to be impaired, if tb r | rights reserved to the people ii L North Carolina, as individuals t are to be abridged, if the pow sjers of President or Congres e ought to be increased, there i ta way provided, and that way 1 Grasses and legumes check costly soil losses and help pro vide plenty of cheap feed for livestock the submission of an amendment to the Constitution for ratifica tion by State conventions or Sate Legislature. The State it self must act the State and none other. This is the way the De mocratic party proposed; it is the way the people approved in the election of 1936; it is the way the Constitution provides; it is the way to preserve demo . c.racy; and there is no other way 1 for me.” Dance,Theatre Party Optional at Junior Senior Banquet Affair Open To Students From All Classes ALUMNI ASKED (From The Pioneer) “Those who do not care to go to the dance after the junior senior banquet may as in years past enjoy the picture at the Capitol theatre a the expense of junior class,” stated E. K. Whitener, President of the 'unior class today. In this manner those who do not dance will have entertain ment provided for them after the banquet has ended. How ever few are expected to take advantage of the opportunity to journey to the cinema, as most of the guest undoubtedly will dance to the strains of either Jimmie Livingston’s, Freddie Johnston’s, or Jack Wardlow’s orchestra. None of these out fits have been definitely chos en as yet. The program of the affair as released today is as follows; banquet, seven to eight-thirty, dance, from nine to one, with intermission from eleven-thirty to midnight. I'lie Dance Committee hope to arrange a program dance before intermission, with the custom ary “cut” following the inter-; mission. In this manner both; the northern and southern stu-| dents will enjoy their own style of dancing. From present indications, judging by reservations to date,! this dance will be the largest ever to grace the college gym. Alumni and other outsiders have been invited to this prom, and many are expected to be pre sent. 'fhe dance will be novel in the I fVloh f rpclimon on/-? r> on 1 -1 /-» mores, who in previous years would only attend a junior senior on a bid, may now at tend the dance upon payment of script. The committee released by Mr- Whitener follow: Publicity committee, Lawrence Zeger, chairman, Charles Clark, Naomi Rendleman Elizabeth Manning; Ticket Committee, Henry Fairley, chairman, Doro thy Hedrick. Decoration committee, Caro line Groff, chairman, Lawrence Leonard, Ralph Frank:. Arthur Geschwind, Lawrence Zeger, Edgar Barr, Lorene Graham, Jerry McMillan, Ida Whise nant, Joyce Lefler, Eugenia Sigmon; Menu-Favors, Char lotte Eves, chairman, Helen Arthur, Helen Craven and Dorothy Craven. Invitations, Helen Baer, chair man, Marian Blodgett, Virgi nia Wyand Catherine Rabb, Rebecca Hedrick, Louise Snive ly, Al'ta Ruth Martin; Dance ! Committee, E. K. Whitener, chairman, Janet Brown, Brownie , Fesperman. t Tickets at dance, E. K. ; Whitener, chairman. i Tickets at banquet, Carlton , Brodbeck, chairman and Otho . Moose. 3 Arrangement commit tee s Helen Arthurs, chairman, Char s lotte Eves, Frances Hinkle, New Group Of Student Government Officials The recently elected student government officers, commit tee chairman, representatives, and editor are shown above as they posed for the Post photographer the morning following their election. They are, left to right, (front row) Lawrence Zeger, senator; Margaret Fink, senator and female representa tive to the Athletic Council; Eleanor Newman, secretary; Henry J Fairley, vice-president; Edgar Barr, president; Ida Whisenunt senator; Charlotte Eaves, senator; Arthur Seschwind, Campus Day chairman; (back row) John Lundholm, senator; Dr. Donald Dearborn, faculty advisor; Dr. Milton Braun, faculty advisor; Charles Monroe, treasurer; John Church, runner-up for the treasure) 's pos. n; Fr d Brow: , sen itor; i ad >avid Sc. iebly, 26. (Photo by the courtesy of the Salisbury (N, C.) Evening j Post.) -*! Cora Lee Propst, Gertrude Brown, Jeanne Brumback, Mary Porter. High Schools Compete In Clothing Contest (From The Pioneer) The annual clothing contest for the Home Economic classes of Salisbury and Rowan county was held in the college auditor ium Thursday, April 15, at 2 o’clock. There were 95 com peting for the three prizes which were presented by Presi dent ( hnwake. The prize winners were : Edith Lyerly, Granite Quarry, three dollars for best dress by first year student; Evelyn Linn, Lan dis, three dollars for best cot ton or linen dress by second year student; Ruth Park, China Grove, four dollars for the best silk or wool dress by second rear student. __ Negro farmers in Moore County have organized a garden club to promote the growth of a home supply of vegetables among members of their race. The county agent of Watauga ' County has assisted in a survey cf the county in regard to es tablishing rural electric line*. Senior Oass Naws Whitener As Head (From The Pioneer) E. I\. Whitener was unani mously re-elected president of the Senior Class for the coming year. Mr. Whitener is from Gas tonia and is outstanding in stu dent activities on the campus. Other officers of the Senior class for the next year are, Ar thur Ccschwind, vice-president; Ida Whisenant, secretary; Mary Frown Fesperman, unanimously elected treasurer. BUILDING GAINS 87.2 PER CENT (Continue! from page one) crease of 32.1 per cent over February anel 36 per cent over March, 1936. In the first quarter of this year as compareei with the same perioei of 1936, New York City building jumped from $40,560, S51 to $81,795,839; Boston from $1,900,011 to $8,563,062; De troit from $5,993,351 to $12,143, 711>; Chicago from $3,946,258 to $8,276,260; Los Angeles from $10,868,266 to $21,014,284, and Philadelphia from $3,213,469 to $10,913,151. *±*&Z£X\ .wa-asm 111 - — ■ ™-»~—- - _ I I MANY VALUES NOT RECORDED HERE g I ; t ^ TAKE ADVANTAGE OF THESE VALUES |’| ROYAL ASTOR Q Jj