WASHINGTON REPORT
Congressman Edwin D. Eshleman flip
Public attention has turned a
critical eye on the judicial sys
tem in our nation, and pait.cu
lady on die Supreme Court
Many people have written ire or
asked me to do something about
the Court The general sc ntiment
seems to be that some recent
decisions have undermined the
nation’s strength and have stray
ed from the principles that we
feel are most important
I, too’ have been gravely con
cerned by some of the actions of
the Court I have tried to re
flect this concern in some legis
lation that I introduced in the
past few weeks One bill was de
signed to limit' the tenure of Su
preme Court Justices, and an
other w as an attempt to reverse
a Court decision that could al
low Communists to be employed
in \ital defense plants However,
I think the really basic need is
perhaps a reappraisal of the
xole of the Federal judiciary in
modern America
The Courts play an. important
part in our scheme ol govern
ment Ours is a government of
laws and not of men The court
system is essential to our derao
ciatic way of life because it is
the principal guardian of our
liberties. The function of the Su
preme Count was conceived to
be the balancing wheel of the
constitutional system the ulti
mate interpreter of the written
document. There is little doubt
that this function continues to be
of vast importance
The problem area in the ju
dicial structure has risen from
another power granted the Su
preme Court under the Constitu
tion The Court has the power to
declare state and federal stat
utes as unconstitutional, a pow
er that has certain political im
plications In the modern era,
the Justices have used this pow
er to act in a legislative man
ner They have established legal
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principles that in many instan
des do not reflect the wishes of
the majority of Americans
and/or their legislative repre
sentatives
The Constitution gives no au
thority to the Supreme Couit to
take unusual actions because the
President or Congress chooses
not to act in problem areas.
Congress is th° sounding boaid
for the mood cf the people and
the pulse of tie times Where
the people are indecisive, action
is necessarily slow However,
when the majority of the people
clearly define the direction, their
elected representatives will
move In Court decisions, that
element of democracy has been
missing
The growth and development
of legal principles is purposely
slow Law is not law if it in
tends to keep pace with the ever
increasing progress of science
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Outbreaks Of
Hog Cholera In
USA Total 854
There were 854 confirmed out
breaks of hog cholera reported
during 1967, the filth year of the
cooperative State-Federal hog
cholera eradication campaign,
the U S Department of Agri
culture leported
This is up from the 534 out
bieaks reported duung 1966, but
down from the 881 and 1,117 in
The cuirent situation with the
Supreme Court and the increas
ed public opinion against some
of its recent findings stems from
the thought that these decisions,
besides being legislative in na
ture, are ci eating precedents
that may not be conect for the
future The Court must refrain
from the miection of the person
al philosophy of its members
The law itself will move forward
when the people are ready for it
to change The administration
of justice will always be what
the people make of it
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1965 and 1964, and far lowei
than the estimated 5,000 to 6,000
outbreaks occumng annually
befoie the start of the eradica
tion progiam
Both progress in some States
and lack of progiess m others
is reflected in last yeai's in
crease, an official ot USDA’s
Agricultural Research Seivice
said
Dr Milton J Tillery, in charge
of hog,,cholera eradication for
the ARS Animal Hehlth Dmsion,
explained that adiancement of
some States into the “stamping
out” phases of the eradication
program where faimeis aie
reunbuised for hogs which must
be destroyed because of hog
cholera has stimulated lepoit
ing “This means we \e been
able to find moie outbreaks
which has caused an apparent
inciease in the late of hog chol
era infection,” he said
‘ Paradoxically,” he contin
ued, "laxity of repoiting in some
States which have not advanced
in the piogram has allowed the
disease to spiead Outbreak
numbers, therefore, have in
creased ’
A total of 37 States and Puer
to Rico are now in the final
“stamping out” phases (111 and
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IV) of the progiam These States
contain 85 peicent of the Na
tion's hogs Eradication meas
ures m these final phases call
fen piompt and complete dispos
al of all infected heids, with in
demmty payments for hogs de
stroyed
“Several ma)Oi hog-producing
States i ecentb mo\ ed into
Phase 111 ” Di Tillery pointed
out “These included Indiana,
Nebraska, and Ohio So we
might very well see an increase
in outbieaks before incidence
begins to tapei oft
' But finding the infection and
stamping it out is f a i better
than letting it smolder unnotic
ed, breaking to the surface only
occasionally ”
One indication ol improved re
poiting is the steadily declining
cnnlnmation rate In 1967, 854
or only 27 peicent of 3 143 sus
picious leports weie contained
as hog choleia Rates foi the
preceding 3 yeais were 37 52,
and 67 peicent, lespectively
The ability of investigating
veterinanans to deteimme the
cause of outbreaks has also im
proved In 1967, a probable
souice was established for 80
peicent of all confirmed out
breaks
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