Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-07-09
WHAT'S THE IDEA?

bill is now pending in congress providing TOR
the appointment of a number of additional federal
judges in various states including for New
Mexico. There has been considerable comment
among lawyers and others regarding the object Of
this move the consensus of opinion being that New
Mexico does not need another federal Judge at this
time.
1t probably is not generally known that under
the provisions of the bill New Mexico will get an
additional fudge only for the lifetime of the ap-
pointee, the bill modified by house and senate
conferees reads:
"A vacancy occurring, more than two years
after the passage of this act. in the office Of
any district Judge appointed pursuant to this
act, except for the middle district of Tennessee,
shall not he filled unless congress shall so pro-
vide and if an appointment is made to fill such
a vacancy occurring within two years va
cancy thereafter occurring in said office shall
not be filled unless congress shall so provide;
provided, however, that in case of a vacancy
occurs occurs in the district of New Mexico at
any time after the passage of this act. there
shall thereafter be but one Judge for said dis
trict until otherwise provided by law"
When the bill was discussed in the senate on
Juno 80 Senator Cummins of Iowa, explained that
the senate conferees had two alternatives finally
ito accept this provision it now appears in the
conference report, or yield the district of New
Mexico entirely
Senator Jones of New Mexico discussing the
bill, said: Regardless of the merits of the stua-
ton, it seemed to me to be very peculiar piece
of legislation. New Mexico has one federal Judge
now. He is a man of middle age. In fact think
he is little under middle age. At any date his life
tenure presumably will be something like twenty
five or thirty years. do not know of any decrepu
person who is a candidate for the new judgeship
In all probability will be appointed who
will live out at least twenty-five thirty years and
why the congress of the United States in this bill
should be anticipating what the situation regarding
the public business in New Mexico may be twenty
Or thirty years from now is little beyond my con.
ception. 1 could not understand why anyone in the
house should insist on such a provision that.
cannot see why that should have been any induce
ment for the appointment of additional judge
for New Mexico; and If the senator from Iowa was
able to convince the conferees the part of the
house that that important legislation that that
very substantial inducement to warrant the
creation of judgeship in New Mexico now,
want to compliment him upon his ability ana
finesse in working spell over the conferees
the part of the house. because I cannot from
any logic in the situation why such a provision
should have been an inducement for anybody in
this generation to try to put in a special proviso
regarding something which may occur twenty or
thirty years from now. when everybody knows that
II there Is any demand for an additional judge now
there certainly will be a greater demand twenty or
thirty years from now"
Senator Cummins in reply to question to
how the present bill would operate, said: 1.-The
Judges appointed under this act will have sue
cessors unless otherwise directed by congress So
far as New Mexico is concerned If there is any va
cancy either in the office of the newly appointed
Judge or in the office of the existing Judge there
will be appointment. the idea being that If either
of these two Judges dies resigns, then New Mex
leo will have but Judge until congress otherwise
orders"
In other words the bill seems designed to give
somebody lifetime Job at this time when accord
ing to the best authorities, another Judge is not
needed. and twenty thirty years hence when, II
the natural order OF things court business will be
much heavier than it is now and another Judge is
actually needed the state will be deprived of his
services,
The Journal commends Senator Jones for his
stand.