Evening star., 1937-08-02
RECESS FILLING
Of COURT VACANCY
MEETS TS0PPOS|T|ON
Vandenburg Would Force
Appointment During Ses.
sion of Senate.
STUDY OF JUDICIAL
REFORMS is URGED
Cummings Rules President Can
Name Van Devanter Successor
at Any Time.
PATECPNTNn

BACKGROUND
Fact that Supreme Court Justice
Willis Van DeUdnter retired uhtIe
Senate uas in session formed basis
for uncertainty in official quarters
as to When the uacancy should be
filed.
Anxious to clear up the problem
IN his oUn mind, President Roose-
relt sought opinions of Attorney
General Cummings regarding the
time uhen an appointment to the
high court should be made to CON-
ply ,1tth the lnU
By the Associated Press
Senator Vandenberg, Republican
OF Michigan offered resolution to-
day asserting 1t was the sense of
the Senate" that Supreme Court ap-
pointments should be made only
when the Senate could act before
nominees began service.
He acted after it became apparent
that President Roosevelt might not
appoint successor to Justice Van
De Vanter, retired, until Congress had
adjourned.
Thus the Senate would have no
chance to pass on the appointment
until next January The appointee
could sit on the bench from the be-
ginning of the Fall session until
that time.
He could continue in his position
II the Senate confirmed him. but
would not be able to do 50 If it re-
fused confirmation
The question of when the appoint
ment would be made came to the
fore today when the White House
announced Attorney General Cum
mings had given an informal opinion
that the President could fill the va
cant seat at any time, regardless of
whether Congress was in session.
Vandenberg Asks Delay.
Vandenberg asked that the reso-
luton Tie on the table 20 await con-
sideration without going to committee.
Chairman Ashhurst of the Judiciary
Committee and Democratic Leader
Barkley both insisted the resolution
should 80 to committee.
Vandenberg, however, left the reso-
luton on the Vice Presidents desk.
Other phases of the court problem
concerned the Judiciary Committee
before today's Senate session began.
The committee recommended a study
Of judicial reform during the coming
recess of Congress.
Purpose Is Expla ined.
Explaining the purpose back Of his
resolution, Vandenberg said:
1T is manifest the Senate can't be
free agent to exercise responsibility
under the Constitution to confirm
Supreme Court nominees if the Sem
ate can't act until after a nominee
has put on his robes and served for
many months as an integral part Of
the court.
Its one thing to reject nominee
before he enters upon his duties and
quite a different thing to remove a
justice after he has started serving.
There's no doubt that the per-
formance of precedent justifies the
Attorney Generals ruling that the
President has the power to do this
thing if he wants to. But it's none
theless a controversial question. in
volving constitutional Interpretation.
and the Senate ought to express
itself
The fact that previous nominees
have declined to enter upon their du-
ties during recess and, instead.
waited until the Senate had acted is
judicial confirmation of the propriety
of the rule I've suggested"
President Undecided.
Following the Presidents receipt Of
the Attorney Generals opinion that
it mattered not whether Congress was
in session. in recess or had adjourned
when the successor to Justice Van
Devanter was named, 1t was an
nounced at the White House that Mr..
Roosevelt has not yet decided when
he would make the appointment.
Hatch Plan Approved.
The Judiciary Committee unani-
mously approved modified resolu-
ton by Senators Hatch, Democrat,
of New Mexico and Burke, Democrat,
of Nebraska for the creation of a
special committee to make the court
study The committee would be
headed by Ashurst.
1t would study "all matters re-
lating to the reorganization of the
courts of the United States. the ap-
pointment of additional judges for
any of such courts and the reform of
judicial procedure. with respect to
which any bills or resolutions have
(See COURT, Page A-10.)