Evening star., 1933-04-13
JUDICIARY SALARY
REDUCTIONS TAKEN
TO SUPREME COURT
Arguments Challenge and
Defend Authority of Con-
greSs to Reduce Salaries.
TRIBUNAL ALSO REVIEWS
WHARF PERMIT FIGHT
Lucian H. and Rebekah Great
house Seek Construction Above
Key Bridge.

The United States Supreme Court
yesterday heard arguments challenging
and defending the authority of Congress
to reduce the salaries of judges of the
District Court of Appeals, the District
Supreme Court and the Court of
Claims.
The power of Congress to order the
reductions turns on the question of
whether the tribunals are constitutional
or legislative courts.
Listens to Wharf Fight.
The Supreme Court also listened yes
terday to arguments on the fight of
Lucien H. and Rebekah Greathouse to
compel the Secretary of War to issue a
permit for them to construct wharf
into the Potomac River above Key
Bridge from land they own in Virginia.
Spencer Gordon, counsel for the land
owners, said the Secretary of War re-
fused to issue the permit on the ground
the wharf would interfere with park
way plans and contended that his dis
L2Ct4Oil woo AlhlbC0 W tiiC Vic AACot~OAA
of whether the wharf would obstruct
navigation.
Seth w. Richardson, former Assistant
Attorney General, who still represents
the Government in connection with this
case, argued that the -owners Of the
land had failed to show they had
riparian rights to warrant them in con-
structing the wharf and that the courts
of the District had properly refused to
issue a mandamus to compel the Secre-
tary of War to grant the permit.
The first case, to determine the status
of the local courts, is considered of
the utmost Importance to the District.
Congress in the economy act provided
that all judges, except those whose
compensation could not be diminished
under the Constitution, should receive
not more than $4,000 per annum.
Under ruling by Controller General
McCarl, all members of the courts
named were reduced, the justices of
the District Supreme Court being cut
10 per cent, those of the District
Court of Appeals 20 per cent and the
judges of the Court of Claims being
taken of basis Of sl2,500 year.
Voluntary Cut Agreed.
All of the judges affected expressed
willingness to make voluntary con-
tribution in the existing emergency Of
as much of their time, money and
services as they could afford, but pro-
tested that Congress, under the Con-
stitution, had no power to compel them
to accept decreased compensation
during the period for which they were
appointed.
John W. Davis, John S. Flannery
and George A. King argued for the
ir1dnnc ruI1i1o Cnlinifor ~ ,I1o
supported the ruling Of the controller
general
The question reached the High Court
on a certificate from the Court of
Claims, which asked instructions in
suits brought by Justices william Hitz
Of the District Court of Appeals and
Daniel w. O'Donoghue of the District
Supreme Court and Judge Thomas S.
Williams of the Court of Claims, to test
the validity of the action of the con-
troller general in behalf of themselves
and their associates.
Counsel for the judges contended that
while the High Court had declared the
powers of the three courts legislative in
deciding a recent case, 1t did not affect
the fact they were also constitutional,
created by Congress under authority Of
section one of article three of the Con-
stitution, providing for Supreme Court
and such inferior courts as Congress
may establish.
Thacher's Opinion.
Solicitor General Thacher insisted
the decision referred to in the Bake
lite Corporation case holding the courts
Of the District and the Court of Claims
to be legislative ended the dispute. He
declared they could not be both legis-
lative and constitutional as counsel on
the other side had commended The
courts affected by the cut were estab-
lished by Congress. he asserted, under
paragraph nine of section eight of arti-
Gle one of the Constitution which en-
powered Congress to constitute tri-
bunals inferior to the Supreme Court.
Such courts were strictly legislative,
he argued, and in no sense constitu-
tional SO far as prohibiting Congress
from reducing the salary Of the judges
was concerned.