Evening star., 1937-05-23
BY MARK SULLIVAN.

deals with one part OF 1t, the
part which concerns the Su-
preme Court. About that, about the |
proposed appointment by the Presi-
dent OF six new justices Of the Su-
preme bench, there is abundant in
formation.
The present article deals with an
other part of the measure, the part
that would change the lower Federal
courts. This part of the Presidents
measure has been intently studied by
few persons especially competent to
do 50. The conclusions of the two
of these studies that have seen are
startling, so startling that the coun-
try should be familiar with them.
One Of the studies is report, OBJ
viously painstaking, made by the As
sociation Of the Bar Of New York
City. The other Is testimony given
before the Senate Judiciary Commit
tee by Federal Judge John C. Knox
of New York. Judge Knox Is Demo-
crat; he voted for President RooSe-
welt: his appointment to the Federal
bench was made by Democratic Presi-
dent Wilson in 1918. From his nearly
20 years experience on the lower Fed
eral courts, Judge Knox should know
changes President Roosevelt proposes.
System Is Now Employed.
To understand what the President
proposes about the lower Federal courts,
the reader should have some informa-
ton about just what the lower Fed
eral courts are and how they work.
The so-called lower Federal courts"
consist of 10 circuit courts and 81 dis
trict courts These. especially the
district courts, are part of the Fed
eral system that the average citizen
ordinarily comes into contact with.
To be litigant in district court, or
witness or juryman, Is an 1ncreas-
ingly frequent experience.
Some of the district courts some
| times have more cases brough be-
| fore them than the judges can try.
| This crowding of the docket occurs
mainly in those districts where there
are large, growing cities-the district
embracing Los Angeles and Detroit,
and few others.
To take care Of this occasional
crowding. there is at present a system
that works quite well. To illustrate
In New York there is a congestion
of cases Thereupon the senior dis
trict Judge in New York tells the
Chief Justice of the United States
that he needs temporary help. The
Chief Justice looks about and notices
that in some other district, let us
say, Northern Ohio, there are not
many cases at the moment-the Ohio
district might be able to spare a
| Judge for while. So the Chief
Justice asks the senior judge of the
Ohio district If he would be willing
to let some one Of the judges in that
district go to New York and try some
cases there.
Collusion Impossible.
1t will be observed that under the
present system, transfer of judge i
done by consultation among three
men. There must be Cd application
| Wy UAAC oCAAAOA JuOeC VI OAlC NASVk lSV
CD consent Of the senior judge of the
other district; go superintendent
Of the transfer by the Chief Justic.
of the United States.
In addition, there must necessar-
lily be fourth consent, consent Of thu
judge who is temporarily transferred
from one district to another. Finally
the transferred judge, when he goes tt
the other district, simply takes hi
turn with the other judges and trie,
such cases as come to his turn on tn,
calendar.
BY no conceivable possibility coule
any improper collusion arise unde
the present system. In no way coult
this existing system be made to worl
10 as to throw" q particular case
BY no means could any court b'
stacked" 50 as to cause q particula
case to be decided In particula
way. No htgant today need fea
that his suit is going to be decide.
In a way predetermined by anybody
There can be no planned verdicts.
That Is the existing method o
transferring judges. The President
measure would change it in severa
ways. And the sum Of the change
proposed by the Presidents measure
and what those changes seem t.
contemplate, Isl quote Judge Knox
"of sinister aspect to every man VIII
upon principle Is opposed to the us
Of stacked decks Of cards"
BY the Presidents court measure
the sending Of judge into anothe
district would be done by ono mar