Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-01-16
HOUSE IS BELIEVED
CERTAIN To APPROVE
FEDERAL JUDGE BILL
Webb Measure Empowers
President to Name Addition
al Circuit and District Court
Judges in Certain Instances


WASHINGTON, Jan. 15.-CongreSs-
man Webb. of North Carolina chairman
of the judiciary committee. expressed
the expectation that the house Will con-
cur in the ssnate's passage of the Dill
authorizing the president to appoint ad-
ditionsI circuit and district court
Judges in certain instances The Dill
has been reported favorably by the Ju-
dietary committee and awaits action oy
the house
CONGRESSMAN webb's faith in the
probable passage of the bill by the
house rests on two important essentials:
First. the measure was inspired by
the administration and has the warm
support of the president and the de-
psrtment OF tustice-
Second. the bill is meritorious TO the
last degree and is calculated TO appeal
TO the houses sense of fairness and pa
triotism.
Contrary so the popular impression.
the bill contains TO provision that is
intended to retire the judge who has
grown old in the service II authorizes
the president TO appoint additional
Judges only when a judge has passed
the age OF seventy years and the presi-
dent is convinced that. on account OF
these advancing years. the judge is un-
able to discharge all the duties OF his
Office
Under the law as il now stands,
Judge who has served ten years on the
bench and reached the age of seventy
years NAV retire on full pay There
are a number of judges throughout the
country eligible fer retirement, under
this provision. but who prefer TO re-
main in harness.
The bill in question seeks TO avoid
the enforced retirement Of these faith
Sui serviterS. yet at the same time fur
nish a younger judge TO help dispatch
the business of the court. when, in the
presidents opinion. such an appoint
ment is necessary.
THE BILLS ORIGIN.
Although the senate bill bears the
name of Senator Hoke Smith as its au-
thor. the legislation originated in the
department Of justice. and was first in
troduced by Congressman WEBB or
North Carolina, in the lower house OF
congress
Mr. Associate Justice McReynolds,
uho was President Wilson's first attor-
uey general, initiated the legislation.
and strongly urged its enactment in his
FIRST annual report to the president ana
congress These recommendations were
repeated by McReynolds before his ele-
walton TO the supreme bench, and re-
newed twice by Attorney General Greg
Dry
When Senator Smith first evidenced
an interest in the legislation he stated
that IL had been called to his attention
bv Judge William T. Newman, federal
Judge for the northern district of Geor-
gia, who expressed a desire that that
legislation might pass which would
free judges who had passed seventy from
the necessity Of retiring when unable
TO perform the duties OF the office, and
Vet leave them where they could con-
tribute such service TO the government
as their health and advancing years
would permit
ORIGINAL SCHEME MODIFIED.
As originally recommended by the de-
pzrtment Of justice, IL was proposed
that the bill should provide that where
the Judge had reached the age of seventy
years and failed to retire, the president
should appoint an additional judge. This
proyision was modified at the instance
Of Senator Smith so as to make the ap-
pointment discretionary with the presi-
dent IL he found the ageu judge unable
physically to properly perform the du-
ties of the Office
The need OF the legislation is recog-
uized throughout the United States.
There are fifteen or more United States
court judges over seventy years of age.
and in some instances the business In
terssts have been sadly neglected Cir
cult Court Judge Mccormack, Of Texas,
fifth judicial circuit, failed to retire al
. though he was over eighty years old
and had been physically unable TO sit on
the bench for a number Of years The
passage of the legislation will facilitate
the dtspatch of business in the federal
courts, and at the same time retain
for the benefit Of the government the
service of judges of advancing years.
Every Democratic member Of the SEN
ate, recognizing il to be an administra-
ton measure, voted for its passage, and
Senator LaFollette was the only Repub-
Iican 20 give II his support