Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-01-27
NO END or DISCUSSION STIRRED
~ PROPOSAL TO ENLARGE
TRIBUNAL.
DEMOCRATS TO PASS BILL
WHEN THEY GET CONTROL
Court Has Become Quite Progressive
and Wilson Appointments Might
Make It More se-Ta'k Of President
Taft 70, Vacancy Not Taken ssri.
ousiy. 4|. -.
Especial Correspondence


Washington, Jan. Ex-senator Cores
bill to add two justices to the supreme
court of the United States has stirred
up no end of comment in Washington.
The probabilities are that when the
democrats get into power they Will
pass the bill. This will give Mr.. Will
son the power to appoint two associate
justices Of the supreme court. some
thing he would not be able to do with
out the Gore bill, unless two OF the
incumbents should retire or death
should make vacancies on the bench.
And when it comes to this, the history
Of the court shows that its members
are long-lived and few Of them retire
until the grim visitor comes along ana
takes them in the harness.
One Of the most interesting phases OF
the question concerns the attitude OF
the court itself. OF course. it is diff
cult to know exactly the attitude OF
the supreme court on anything until II
has handed down it's decision. But a
good story is told by a member OF
congress about conversation ne hau
with an eminent member Of the court
not so very long ago. This MEMBER
Of congress expressed the view 1t might
be we'll to increase the court IN oroer
to tighten the laborious work OF eacn
Of the Judges. Raising his HANDS, the
just said:
Don't try it. The court is enough OF
a debating society already.
The truth is that the supreme court
members, being human. are a gooo oeai
like any other nine mortals ana Wneh
they come to the final decision OF an
important case they are apt TO 90 a
lot of talking about it in the secrecy OF
their chambers, just like any other nine
men would do. These discussions
among the justices sometimes get niSh-
IL animated, If the current gossip on
this subject is true. OF course. II
there comes a time when there are
eleven judges instead OF nine the
amount of discussion will increase pro-
portionately.
TAFT 10 "Msntioned."
Some suggestions are made that II
tho hill should be passed-and In any
event it will not pass before next con-
gress-Mr. Wilson would appoint fres-
ident Taft. But this is not taken seri-
ously. The big question involved IN
the bill is this, will Mr. Wilson add 70
the court two men whose bent OF miho
is progressive or radical. Mr.. wilson
has already declared he VIII appoint
none but progressive men and In the
light Of that declaration the penel
here is that he would carry this pohcy
into supreme court appointments.
Now 1t SO happens that the supreme
court ,afterly has become a body OF
marked progressive tendencies. IL ~
not as progressive as many would ike
to Sc. 1t. Still, the court has peen
putting teeth into the Sherman law at
q rapid rate in recent months Inc
rules Of equity practice have been
overhauled and vastly improved. And
a distinct trend away from conserva-
tism has been shown. Addition OF two
associate justices Of the court would
go far to make the court one OF the
most progressive of the country's in
stitutions :
The question Of how the court Is
made up in partisan sense counts foI
little nowadays. The real question if
what is the bent Of mind OF the JUS
tees.
Court 10 Overworked.
Inat tNe COURT No" w. " VI ->>- =
generally accepted as true. The duties
OF the court are laborious. 1t is TAI
behind Its cases. To add two to the
court would help considerably in this
respect.
President Taft has had the extraor'
d,nary opportunity Of making over the
court. That is. he has appointed 9
majority Of the Justices. He has named
Lurton, Lamar, Hughes, Van Devan-
ter and Pitney. Some OF these appoint
ments have met bitter condemnation
as reactionary. But in spite of this
| the court can not be considered reac'
tIonary and there are signs that the
! sentiment the country over which II
insisting ION more progressivism IN tne
courts is having its effect on the su'
preme court :.
In some quarters. the elevation OF
Chief Justice White to the position o.
chief Justice was much criticised
Nevertheless, Chief Justice Wnite