Evening star., 1937-04-29
Judiciary
Continued From First Page.)

would not be offered as a substitute, but
merely as supplement- The Supreme
Court would be left at liberty by a
5-to-4 decision to hold State law un-
constitutional
The Nebraska Senator was asked
how he stood on the Presidents plan
to increase the Supreme Court by 4
maximum OF six new members.
Private checks Of the close Senate
lineup were as inconclusive as be-
fore, because of the number Of Sena-
tors unwilling to talk publicly about
how they would vote. The number
of publicly committed opponents was
81. seven more than was counted
openly for the bill.
If 1 can't get anything better" re-
piled Norris, Il will support it,
He was asked whether the proposal
of Senator McCarran for a nat in
crease of two new justices OF the Su-
preme Court would be preferable to
the Presidents plan for six
Senator Norris said he had reached
no decision as between the McCarran
proposal and that Of the President, and
that he wished to hear further discus
sion of the McCarran amendment.
Notwithstanding the fact that yes
terdays developments have made
impossible favorable report by the
Judiciary Committee on the bill, there
was no indication that the committee
would vote before May l8 on the bill
and amendments thereto.
Amendment Debate Ordered.
Senator Ashurst and other mem
bers Of the committee have pointed
out that only by unanimous consent
could the committee advance the
date of voting. At least one Sena-
tor indicated no such unanimous con-
sent could be obtained. The commit
tee was instructed to debate various
amendments, including those of Nor
rls, McCarran, Hatch and Senator
McGill, Democrat, Of Kansas until
the day of voting arrives.
Ashurst admitted there was no pros
pect OF adoption of cloture when the
bill reaches the Senate, since it takes
q two-thirds vote to invoke such a
rule.
Il am against cloture myself" he
added.
However" he continued, ''time is 4
great softener. believe that after
two months of debate in the Senate We
will get to vote. Anyway, II the
bill does not pass this year, it will pass
next year, and there will be more votes
for it in the Senate next year than
this year"
Ashurst Queried on Poll.
When Ashurst said the bill would
be supported by so Senators on the
floor of the Senate, he was asked
If he had made a poll himself.
Il have never made a poll of the
Senate" he replied. "The poll to
which refer was made by Senators
opposed to the Presidents bill"
Notwithstanding the show of con-
f1dence by Ashurst and other admin
lstration leaders, the sudden an
nouncement yesterday caused no lit
tie stir at the Capitol It is expected
that other Senators who have been
on the fence will now declare them
selves in opposition to the court bill
Adverse Report Seen.
Unless the supporters Of the Presi-
dents program change their attitude
which has been against any amend
ment or compromised seems entire
ly probable that the bill will be re-
ported adversely in its present form.
That is what the dyed-in- the wool
opponents Of the bill desire, for they
believe that the bill will be weakest
in its original form.
II the administration supporters in
the committee should prefer to join
with Senator McCarran in support Of
his proposal for an increase Of two
justices in the Supreme Court, the
bill might be 50 amended and re-
ported favorably, although the count
would be close. There has been MOTH
ing to indicate, however, that the
administration forces in the commit
tee will yield to such a compromise.
Mr.. Roosevelt Is away for 4 vaca-
ton for the next two weeks. He will
return to Washington in time to get
into the fight before the bill is re-
ported by the committee, If the vote
is delayed until May 10.
Senator oMahoney, . former First
Assistant Postmaster General, and
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