The Bismarck tribune., 1937-07-23
HIGH court Will
NOT Be MENTIONED
IN LATEST DRAFT
Vote Thursday Called Complete
Defeat for Roosevelt Judi
ciary Proposal
PATCH DEMOCRATIC PEACE
Roosevelt Fails to Disclose
View on Senate Vote to
Sidetrack Bill
PATCH DEMOCRATIC PEACE

Washington, July 23.-(R-senators
Who fought for five months over the
Roosevelt judiciary bill joined amic-
ably Friday In drafting q skeleton
measure to speed up lower federal
courts.
They predicted that congress. clam-
oring for adjournment, would enact
il quickly. The bill will substitute for
the administration proposal which the
senate discarded Thursday 10 to 20.
Thus the legislative battle Of .
century" ended. Opposition leaders
coled the senate vote complete re-
lection Of President Roosevelt proposal
for revising the supreme court.
The new measure will not mention
that high tribunal. It will authorize
increasing the number Of lower court
Judges on the basis Of need rather
than age.
Direct appeal Of constitutional cases
IT, the supreme court will be permit
ted, and the attorney general win be
empowered to intervene In cases In
yolving the federal government.
MAY TAKE 10 U4y1
The senate judiciary committee may
take up to 10 days to write the sub
stitute.
In the meantime, Vice President
Garner and other administration lead
ers set to work to mend party har-
mony, which Mr.. Rooseveltx court
reorganization proposal bad shat
tered. ss s-,,.es
Senators who.had opposed the presi-
dent on the issue forecast, however.
there would be no reprisab.
Mr.. Roosevelt's views on the over
vhelming senate decision to shelve his
bill were not disclosed.
legislators noted, however, that
Majority Leader Barkley and other
administration stalwarts voted with
the opponents to send 1t back to the
committee.
Senator McCarran (Dem.- New, an
opponent, said he was gratified he
and his colleagues had brought to
the attention Of the president Of the
United States and to the attention
Of the people Of the United States
the fact that he was led into error,
and being led into error, he Is big
enough and strong enough to admit
his error, and the country is now
safe"
Followed Meeting +ss
The senate ballot followed . meet
ing Of the judiciary committee with
Garner and Wheeler at which an
agreement on procedure was reached.
Senator Logan (Dem.-Ky), whose
name was on the administration
compromise bill offered earlier In
July, made the motion to sidetrack
1t.
Then the supreme court Is out Of
the way?" asked Senator johnson
(Rep. -Calif.).
The supreme court is out Of the
way" Logan replied.
Glory be to Godp johnson ex-
claimed. The galleries applauded.
Vice President Garner raped for
order.
Then, without another word Of de-
bate, the roll was called.
The 70 ayes" included SO Demo-
Gratis, shipstead. Farmer-Laborite.
and the l6 Republicans. The nays
we're registered by 10 Democrats;
Lundeen, the other Minnesota Farm
sr-Laborite, and LaFollette Prog.-
Wis.,.
It was still possible that out of the
Judiciary committee would come some
constitutional amendment for COM
pulsory retirement Of supreme court
justices at certain age.
A high administration official said
Friday that despite the senate's EN-
phatic rejection Of supreme court en-
largement, President Roosevelt felt
some Of his original objectives had
neen achieved.
This was coupled with . hint that
lne chief executive believed. . more
complete and permanent attainment
OF his goals would require court legis-
latlon beyond that which the senators
VINO virtually killed his court bill have
oeen willing to accept.
PRESIDENT Roosevelt said at his press
conference he has not yet considered
tne appointment Of . new supreme
court justice to fill the place made
vacant by the retirement Of Justice
Van Devauter.