The Washington times., 1937-05-14
HUGHES T0QU|T
IS NEW RUN0R
0FH|GHC0URT
BY GEORGE R. HOLMES
international News Service

international News Service
Rumors abound in Washington
of retirements from the United
States Supreme Court as soon
as the die is cast, one way or an
other, in President RooSevelt's
fight to enlarge the courts mem
berShip.
Heretofore these rumorS have
concerned principally three OF the
aging juSticeS-LouiS D. BrandelS,
who is in his eighty-first year; Will
lis Van Devanter, Is, and George
Sutherland, just passed rs.
Brand New RumOr
But today a brand new rumor
gained currency in the capital
that Chief Justice Charles Evans
Hughes is contemplating stepping
down from the bench some time
after the High Court recesses in
June.
Like the others, the rumor con.
corning Chief Justice Hughes
self-effacement was impossible OF
confirmation-or, for that matter
of positive denial. The Chief
Justice. like his associates, keeps
his own counsel. But it is sig
nificant that several highly
placed persons who know, or used
to know, Mr.. Hughes rather well
are inclined to credit it.
The Chief Justice has been
sorely tried and not a little cha-
grined by the storm which he
finds beating around "his" court
in his 10th year, after six years
of diligent effort to reform court
procedure and to keep it abreast
of its docket.
Letter to Wheeler
Indication of his feelings was
apparent in the only two public
utterances which the Chief Jus
tice has made since the Roosevelt
reorganization scheme was put
forward-his letter to Senator
Wheeler, in which he refuted the
Administrations contention that
the court, as now constituted, is
unable to keep up with its work,
and his address to the American
Law Institute a few days ago, in
which, as delicately as he could.
he bespoke a free and indepen-
dent judiciary as democracy'S
greatest bulwark.
Those who are inclined to credit
the rumor of his retirement re"au
enty.fifth birthday on April IL
last. They recall, too, that during
the IA years intervening between
his retirement from the court in
1915 to accept the Republican
presidential nomination, and his
reappointment by esd en- t
Hoover as Chief Justice in 1880,
Mr.. Hughes wrote and lectured at
considerable length concerning
the court and its work.
Opposes COmpulSiOn
In the course of these lectures
and writings, Mr.. Hughes opposed
the compulsory retirement Of
judges at 20. But in so doing, he
observed significantly that a
more plausible case could be made
out for compulsory retirement at
IS. He has now crossed that line.
And Mr.. Hughes has always been
noted for consistency throughout
his long and distinguished public
career.
So far as can be ascertained,
the Chief Justice has made no
plans for the summer recess,
which runs from June until o.
tober. His associates nearly all
have made such plans. Justice
Sutherland sails for England in
a few weeks; Justice Stone is 60
ing to Mexico, and the others
plan to vacation at their various
summer retreats.
Wait End of Battle
Whether the rumors be true or
false, no one believes that any
of the members of the court will
make a move of any sort until
the termination of the present
court battle in Congress. AS mat
tiers now stand, it does not ap-
pear the issue will be determined
until well along in the summer
or early fall.
The Senate Judiciary Committee
starts voting on a score of amend
ments next week, with all indica-
lions pointing to an adverse COM
nittee report on the Roosevelt en-
largement bill. Thereafter will
come weeks of floor debate and in
all probability a filibuSter.
Amid all these rumors, President
Roosevelt returned to Washington
today to take command of his
court campaign-the hardest and
bittereSt fight of his entire Admin
iStration.