Evening star., 1937-05-11
WOULD RETIRE
JUSTICES At 75
Senator Burke Advances
Compulsory Measure in
Forum Speech.

to revamp the Supreme Court-a pro.
osal calling for compulsory retirement
OF justices Of the high tribunal a
the age of 75-was advanced las
night by Senator Burke, Democrat, O
Nebraska.
Burke's suggestion was made during
the National Radio Forum, broadcas'
over a Nationwide l3ook-up Of The
National Broadcasting Co. and locally
through Station WRC. The forum
WAS arranged by The Star.
Salient features of the substitute
plan are: Cd Concurrence of al
least seven justices to invalidate ar
act Of Congress; (2) optional retire
naent of justice who reaches II
after serving 10 years as a Fedora
Judge, and 90 continuation of the
full pay OF justices during retirement
Would Provide New Blood.
Such a plan, explained Burke, who
has led the opposition to President
Roosevelts proposal to increase the
court, would do away with flve-to-foul
and six-to-three decisions on con.
stitutional questions and also make
possible an orderly infusion Of new
blood into the court.
Holding that the Presidents plar
will throw Congress-now at q prac.
tical standstill-into long debate with
the final outcome in doubt, the
speaker declared the whole contro.
versy can be promptly settled by
adoption by the Judiciary Committee
OF g. constructive substitute in place
OF the make shift now under consid-
Grafton"
Text Of Address.
The text Of Senator Burke's address
follows:
Whatever views the individual may
hold concerning the Presidents pro-
posal to increase the number of Judges
ON the Supreme Court, he should vel
come an early termination Of the bit.
ter controversy that is raging. II
will be my purpose tonight, before ]
conclude, to suggest = program and
urge its adoption, by which that de-
shable end may speedily be accom-.
plished.
We are about to celebrate, with ap-
propriate ceremonies. the conclusion
OF $50 years of life under the Consti-
tuition. 1t was in May, 1887, that a
little group of men began deliberations
in Philadelphia that were to result in
the submission of a proposed frame
work of Government for the new Re-
public Of the Western World. I dc
not agree with Secretary Wallace when
he says:
Doubtless the delegates of the con-
stitutional convention would be
amazed to find the product of their
labors still the fundamental law OF
the land" I do believe they would be
amazed to find responsible public off,
cials advocating measure, the neces-
sary result Of the adoption Of which,
would be to seriously weaken that
fundamental law. They would nc
doubt be gratifled to find that by close
adherence to the principles they wrote
into our basic law, the 13 weak and
troubled States, fringing the Atlantic
Seaboard, have expanded into 4
mighty empire, stretching from sea tc
farthest sea. They would rejoice il
they were made aware Of the fact that
with phenomenal increase in popu-
lation. there has come, also, q wider
diffusion OF wealth and greater meas
ure Of happiness and well-being, than
any people has ever known-or
dreamed Of this side Of Utopia.
r. NO 6evolon ovl ociv
this anniversary celebration . firm de-
termination to press forward along the
beaten path our fathers 50 we'll marked
out for U.s. there is every reason to
hope that we will continue to pros
per. Our danger lies, chiefly, in be-
ing led astray by some brightly painted
and plausibly presented immediate
good to be reached by following an
alluring short cut, that may seem to
the unwary to offer more rapid ap-
proach to desired goal. Experience
shows how frequently this means, at
the least, weary retracing Of steps.
Alas, if the wandering should take us
80 far that the old way, the tried and
true way, cannot again be found.
Finds pill Bitter"
1t is such a proposed short cut that
has so deeply stirred the country dur
ing recent months. You will nnd it
set forth in the message and accom-
panytng papers submitted to Congress
by the President on the 5th OF Feb
ruary, under the tll-chosen title Of
judiciary reform. We brush aside all
secondary matters, and come at once
to the heart of the proposal. The
sugar coating has been removed. An
ever-increasing number Of people, in
and out Of Congress, are finding the
pill very bitter. 1t becomes daily more
doubtful whether sweet inducement.
stern command, or even rouRher
treatment, will suf1ioe to force the un-
willing patient to swallow that for
which he has no liking at all.
We refer to the proposed increase
In the number Of members Of the Su-
preme Court. The Presidents pro-
posal may be stated thus. Whenever
a justice Of that court reaches the age
Of 10, after 10 years service, and does
not resign or retire within six months,
the President shall name an addi-
tional judge, until the total reaches
IS. Since every one knows that six
OF the present nine member have
already passed that arbitrary age
limit, and have shown no present
need or inclination to cut short the
duties, which they are performing, it
should not be forgotten, In strict ac-