Evening star., 1937-05-05
BY G. GOULr LINCOLN.

A substitute for President Roose-
velt's entire court bill was laid be-
fore the Senate Judiciary Committee
today by Senator McCarran, Demo-
crat, Of Nevada, member of the
committee
The substitute provides for a Su-
preme Court composed Of a Chief
Justice and 10 associate justices.
This is two more members than the
court now has. 1t Is in line with
the original proposal made by SEN
ator McCarran as compromise for
the Presidents bill, which would au-
thorize a maximum increase Of six
additional justices.
The Nevada Senator in his suhsti-
tute not only changes the Presidents
plan as regards the Supreme Court
but also as it relates to the inferior
courts.
No Lower Court Judges.
He makes no provision for additional
judges Of the lower courts. The Pres
ident's bill authorizes ma aximum ap-
pointment of so new judges
Senator McCarran said the Chief
Justice would be in position, as he
is now. to inform Congress when ad-
ditional district judges were needed
Also he would leave to the Chief JUS
tice the duty Of assigning district
judges already on the bench to work
in other courts when needed.
The McCarran substitute provides
that the associate justices Of the Su-
preme Court shall be appointed from
the judicial circuits. with each cir
cult having . justice on the bench.
AS retirement or death removes a JUS
tice from the present court = new ap-
pointment would be made from a tu-
dicial circuit not represented on the
court.
The Presidents bill provides for the
appointment OF proctor with impor-
tant duties to watch over the work in
the various judicial circuits and dis
trict courts.
Proctor Not Provided.
| Senator McCarran makes no provi-
sion for such an officer. He said he
considered proctor unnecessary and
that the appointment OF proctor
might result in far reaching effects.
Under his substitute each justice
Of the Supreme Court would receive
periodically from the clerks Of the
court in his judicial circuit detailed
reports Of the state OF the dockets
The associate justices would then re-
port to the Chief Justice on the state
Of the court in their circuits and the
| Chief Justice would make recon-
mendations as necessary. This Il
| somewhat similar to the system now
In existence.
| It Is Senator McCarrans opinion
that the judicial system he proposes
would work more advantageously thar
that provided in the Presidents bill
His substitute is the first attack ir
the committee on other sections o.
the Presidents bill than that relatine
to the Supreme Court. The Nevads
Senator discussed his substitute In
detail at today's session of the com.
mittee.
| 0SI1hOI oOi AL, ECpuUAICd4l, u 4OdIO
commenting on the McCarran substi.
tute, said it was interesting" but die
not commit himself Senator Hatch
Democrat. Of New Mexico questioned
the power Of Congress to pass 4 Law
directing that associate justices OF tfse
Supreme Court must be appointed
from each judicial circuit. Such 9
provision. he said, might not be con.
stitutional, and also might infrings
upon the power Of the President te
make appointments.
After today's meeting Chairman
Ashurst announced the committet
would not assemble again until Mon.
day. Although members continue Il
insist they are now ready to vote or
the court bill, Ashurst announced def.
nitely at the meeting today there VA
no possibility Of vote before thai
date.