Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-02-13
PROTEST ON FEDERAL
JUDGES BILL CAUSES
SURPRISE AT CAPITOL
Senator Smith Outlines Pur-
pose of MeaSure-Judge
Newman, He Says First
Suggested Legislation
. BY RALPH SMITH.

Georgia to the administration bill au-
thorizing President Wilson to appoint
additional federal district and circuit
court judges in certain contingencies.
Their perplexity concerning the activ-
ity of certain Georgians to the measure
is all the more pronounced in view of
the fact that Georgia gave to Presi-
dent Wilson the second largest plural
ity he received in his reelection, and
the largest plurality ever given a candi-
date for any office in Georgia.
The leaders, however, are not serious
ly disturbed over the outburst because
they feel sure, from its character that
the opposition will fade away when the
people fully understand the provisions
and purposes of the legislation. They
do not question, from the kilograms
and letters that have come to Wash
ington, that the opposition rests ON a
misapprehension, since the measure is
not local in it's character but is applica-
bic to the whole country.
The legislation, which already has
passed the senate by the concerted and
united action of the Democrats and Sem
ator LaFollette, is pending in the house,
awaiting action. 1t originated with the
administration, and had the warm sup
port of President Wilson and Attorney
General Gregory.
II duIIOTlZeS- the TO appoint
additional circuit and district court
judges where the incumbent has reach
ed the age of seventy years and failed
TO retire, provided, in the opinion OF
the president, the requirements of the
public service justify it. 1t will apply
to twenty-six circuit and district court
judges, and if passed by the house, will
enable a Democratic president in his
discretion, to make the appointments
to fill these additional judgeships. The
measure will not operate to retire the
judges who have passed the age of sew
enty years. 1t will not deprive them
of either dignity or emolument, but
will tighten their burden Of work and
enable them still to serve the govern
ment.
Since it, is apparent to every Demo-
crat in either house of congress and to
practically every Republican also that
legislation of this kind is so impera-
tive as to make it's passage inevitable,
sooner or later, the Democrats naturally
feel an interest in eXpediting it's enact
ment, sc that the appointments may be
made by President Wilson during his
term; indeed, the only opposition besides
that developed in Georgia has come
from Republicans, who hope to delay
the enactment of the law, believing that
possibly the appointments may be made
by a Republican president
After having been recommended by
Attorney General McReynolds, the leg
islation was first called to the atten-
ton of Senator Hoke Smith by Judge
William 7. Newman, of the northern
district of Georgia. The administration
bill previously had been introduced in
the house by Representative Webb. of
North Carolina, chairman of the ju-
dietary committee. At the request OF
Judge Newman, Senator Smith Coop
Grated with the department of justice,
and in December, 1914, introduced the
legislation. Before it finally passed the
senate, It was thrice recommended by
Attorney General Gregory, who sue
ceeded McReynolds.
Between the date of its introduction
in the senate December, 1914, and the
date of it's paesage, December, 1916 not
one word of protest was raised in Geor-
gia against it's enactment. The only OPP
position came from Republicans for
partisan and obvious reasons.
Senator Smiths attention today was
called to the excitement in Georgia re-
specting the bill. and asked for a state
ment. He said:
81 am surprised to learn that a mis-
apprehension exists in Georgia about the
administration bill to relieve the con-
gested condition of the federal courts.
/ am especially surprised to learn that
any one supposes this bill has reference
to Judge Newman.
"It is a bill authorizing the presi-
dent, during the next four years, to
name an additional judge who will car
ry the burden of the work where he
finds a circuit or district court judge
has passed seventy and on account of
advancing years is unable to perform
efficiently all of the duties OF his Office.
leaving the older judge still with his full
salary for life and in a position to re-
ceive assignments for special work
which he may desire to do where his
wisdom and experience will bring to the
government the highest class of service.
The subject was first brought to my
attention by Judge Newman. In No
vember, 1914, he called at my office in
Atlanta and told me Judge Burlington.
of Pennsylvania, had written Judge
Pardee with reference to proposed leg
islation by which circuit and district
court judges who had passed seventy
years of age might remain partly at
work. but be largely relieved by the ap-
pointment of a new judge, who would
carry the responsibility of the office,
while the judge who had passed seventy
might be assigned for special work.
"As Judge Newman was interested to
have legislation of that kind passed, on
my return to Washington / inquired
about 1T and found that Attorney Cen
eral McReynolds in 1913 had made the
following recommendation:
Judges of the United States court
al the age of seventy after having
served ten years. may retire upon full
pay. In the past many judges have
awaited themselves of this privilege.
Some, however have remained upon the
bench long beyond the time when they
were capable of adequately discharging
their duties and IN consequence the adj
ministration of justice has suffered.
81 suggest an act providing when any
judge of federal court below the SUI
preme court fails to avail himself of
the privilege of retiring now granted
by law, that the president be required
10 appoint another judge to preside over
the affairs of the court and have precc-
dence of the older one. This will in
sure at all times the presence OF a judge
sufficiently active to discharge prompt
ly and adequately the duties of the
court.
"I found also that Attorney General