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Testifying yesterday before the Senate Judiciary Committee, Erwin N. Griswold, professor of Law, attacked the Roosevelt court plan on the grounds that it would open the way to dictatorship. The 32-year-old professor recommended a constitutional amendment as the proper means for desired changes.
"Break down the barriers which have protected the independence of the Supreme Court, and the way will lie broad and open for the first man who would be dictator, whatever his name may prove to be," declared Professor Griswold. He asserted that there had been a "no man's land" between Federal and State authority, but that Monday's decision by the Supreme Court, reversing its stand on the minimum wage act, completely altered this "twilight zone."
Law Review President
An alumnus of Oberlin College, Professor Griswold was a member of the Law School Class of 1928, at which time he was president of the Law Review. After working in the Attorney General's office for five years, when Washington circles declared that the Supreme Court would rather listen to him and John W. Davis than any other barristers, Professor Griswold came back to the Law School to give courses on tax cases and conflicts of laws.
After signing, on March 7, the "round-robin" protest against the court change, Professor Griswold, participating in a symposium, decried the proposed judiciary legislation. Although he has been a constant opponent of court change, his sympathies have tended to agree with those of the minority of he court.
Urges Amendment
Advocating an amendment proposed by Samuel H. Ordway, civil service commissioner of New York City, Professor Griswold contended that such a measure, providing for nine justices with 18-year terms, would not be subject to "constitutional or political objections."
"There are a least two ways of getting rid of judges," he declared. "One is to take them out and shoot them, as they are reported to do in at least one other country. The other way is more genteel, but no less effective. They are kept on he public payroll but their votes are cancelled."
Speaking before a huge crowd in the Senate chambers, Professor Griswold went on to emphasize the seriousness of the crisis. He insisted that, "it does not follow that it is good government for the President to be made a super-court."
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