Quarterback's Surprise

"We Want Lehman!'' "Lehman by a Million!" "Lehman Must Run!" "Lehman Never Failed!"

Just a year ago a shouting, prancing mob swarmed around the Democratic National Convention Hall in Philadelphia broadcasting these sentiments. The Party from Franklin Roosevelt down was engaging in a concerted move to sway Governor Herbert Lehman of New York from his intention of retiring, to run again for Governor in order to strengthen the Demo-cratic ticket in New York. The forced draft succeeded after Franklin Roosevelt had sent his old friend Herbert a personal letter urging him to make the race.

Last week a good many thousands who attended that convention could hardly believe their eyes when they read in the press: "I am writing you as a citizen of the State of New York which you represent in the U. S. Senate to voice my opposition to the Court Bill and to express my hope that you will vote against it. ... Several months ago I wrote to [Franklin Roosevelt] that I believed its enactment would not be in the best interests of the country. In the months that have passed since then my convictions have become strengthened. . . . Whatever immediate gain might be achieved through the proposed change in the Court would in my opinion be far more than offset by a loss of confidence in the independence of the courts and in governmental procedure."

The recipient of this letter was New York's Senator Wagner, its author, Governor Herbert Lehman. Incredible as this flat pronouncement was to many, it caused no real surprise at the White House. "Dear Herbert" who a year ago had been so eagerly drafted had not produced in November the votes which were expected. He failed to poll as many votes in New York as Franklin Roosevelt. Having proved a liability rather than an asset his welcome at the White House was not quite so warm, and patronage favors ceased to flow liberally in his direction. Since shortly after the last election Franklin Roosevelt and Herbert Lehman have no longer been close friends.

For a long time Governor Lehman had contemplated speaking his mind about the Court. What prompted him to do so last week was anyone's guess. Senator Wagner was not publicly committed on the Court, but Administration forces counted on the aid of his vote. As good a guess as any was that Senator Wagner, wishing to be relieved of his obligation to the Administration, had quietly prompted the letter to provide himself with an excuse for voting against the bill. An equally good guess was that Herbert Lehman, whose brother Irving sits on New York's highest bench, had long been waiting to register his heartfelt opposition to his ex-friend's attack on the Judiciary.

There is a tide in the affairs of men, and last week Franklin Roosevelt might well have thought it had set against him. Senator Robinson's sudden death was followed by the threat that his whole Court Plan might fail (see p. 10). A new fight over the majority leadership of the Senate impended, a fight in which it was likewise touch & go whether the President could have his way (see p. 12). On top of these things, the Lehman letter was a serious blow.

In a week of such adversity Franklin Roosevelt, who once likened himself to a quarterback calling signals from play to play as the football game developed, astounded the whole stadium full of politicians. Quarterback Roosevelt, having called for a line plunge on the Court Plan's three-yard line, found himself set back to the middle of the field. In the new situation he called for another plunge through the centre of the line, made a direct demand that the Court Bill be passed (see p. 10). Political observers scratched their heads, wondered what was passing through the quarterback's brilliant mind.

Three chief conjectures about his reasons were heard last week in Washington:

1) That in the heat of battle he had lost his head; that he had determined to quell once and for all the spirit of revolt that is apt to affect second-term Congresses; that he was ignorant or heedless of the fact that by his course he was permanently splitting an already divided party and risking everything to gain little, even if he won on the immediate Court issue.

2) That far from being heedless, he had determined that the time had come to split his party, to purge it deliberately of its conservative elements, so that henceforward the New Dealers could close their ranks and perform their evolutions unimpeded by the presence of old-fashioned Democrats.

3) That he knew the Court Bill was lost but believed that the moral effect would be better if instead of retreating he pressed on to take his licking; that he thought it better politics to go down fighting like a man, then start afresh with public sympathy to make a comeback.

P: President Roosevelt put his signature to eight treaties and conventions drafted at Buenos Aires last December and recently ratified by the Senate. The President's action thus solidified Pan-American good neighborliness, at least between the U. S., the Dominican Republic and Nicaragua, the only three nations which have so far ratified.

P: 32 degree Mason Franklin Roosevelt took a trowel in hand and with a dab of real mortar laid the cornerstone of the future home of the Federal Trade Commission (see p. 55), a structure known as the Apex Building because it will tip the triangle of Government buildings between Pennsylvania and Constitution Avenues.

P: Ever receptive to new plans for improving the lot of mankind, the President and his Son-Secretary James broached two new ones. After consulting with Secretary Morgenthau and a committee on housing, the President told the press of a scheme to establish institutions similar to building & loan associations for that $0% of the population who rent homes. By depositing their savings in such institutions the renters would get better interest than they can get at present from banks, would thus supply funds for the building of low-cost homes to be rented back to them. In Boston, Son James, who indignantly declared it a nuisance that every move he made was interpreted as an overture for nomination as Governor or Lieutenant Governor of Massachusetts, called a meeting of publishers (also attended by his friend Governor Hurley) and urged them to help get private jobs for 35,000 workers discharged by WPA by donating free space for "situations wanted" advertisements.

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