Evening star., 1937-04-27
CUMMINGS URGES
CHANGE IN COURT
Forum Speaker Praises Plan
as "SimpIe, Workable and
Constitutional"

President Roosevelt's plan for re-
organization OF the Supreme Court
was pictured as direct, simple, work
able and constitutional" in an ad-
dress last night by Attorney General
Cummings.
Cummings spoke over the National
Radio Forum, sponsored by The
Star and broadcast over a national
network OF the National Broadcast
ing Co.
Reviewing the present status Of
the Supreme Court battle, Cummings
contenoed the Presidents bill asking
for power to name one new Justice
for each incumbent over 70 sis the
least drastic Of all the plans sub
mitted."
1T touches no part of the Con-
stitution," he said. 1T impairs no
power OF the Supreme Court. It
entails no disheartening delay. 1t
enables our country to move forward
to the solution Of the problems that
crowd upon us, and it preserves the
courts and the Constitution as the
workable instruments of a free peo-
pie"
Even opponents of the plan, testi-
Tying before the Senate Judiciary
Committee, criticized decisions of the
Supreme Court, Cummings said,
and now, as If to make the con-
clusion unanimous, the Supreme
Court, albeit by narrow margin, has
voted itself Winter garment of re-
pentance' and has upset crucial de-
clsions Of long standing"
Text of Address.
The text Of the Cummings address
follows:
Nearly three months We elapsed
since the President submitted to the
Congress his proposal for the reor-
ganization of the Federal judiciary.
Now that the Senate hearings, after
six weeks of spirited debate, have
been brought to a close, let us briefly
survey the situation.
Those who testified in behalf OF the
plan pointed out the defects in the
existing system and called attention
to the unmistakable and improper
invasion Of the legislative field by
the Supreme Court. With few ex-
ceptions even the opponents criti-
clzed the decisions of the Supreme
Court and called for effective rene
dies-presumably by constitutional
amendment Pitifully few of those
who testified approved in whole
hearted fashion the course the Su-
preme Court has pursued And now,
AS If to make the conclusion unani-
nous, the Supreme Court, albeit by
a narrow margin, has voted itself
Winter garment of repentance" and
has upset crucial decisions of long
standing.
Manifestly these events have con-
tributed to q real understanding OF
our present difficulties The need of
judicial reform has been demon
strated. Only the method remains
open to debate.
Lest the proposals of the President
be obscured by words, it is necessary
to keep steadily in mind what they
are and what has already been done
toward carrying them into effect.
Parts Of the plan have met with
almost universal approval.
Matter Of InjunctiOns.
In the matter of injunctions and
suits raising constitutional questions
am aware Of no serious opposition
to the recommendations that the
Attorney General be given notice and
an opportunity to present the Gov
ernment's side Of the case, with the
right of direct appeal to the Supreme
Court. A measure to this effect has
already passed the House and will
shortly receive the consideration of
the Senate.
The President also recommended a
measure to permit the voluntary re-
tirement Of Supreme Court justices
at the age Of 10 upon a pension. A
bill to this effect has already been
passed and is now the law of the