Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-04-15
Court
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further and eliminate the age and
retirement provisions of the Roosevelt
bill, under which the increase in the
court would be conditional on failure
OF justices over 10 to retire.
McCarran said he hoped" the adj
mlnStration would be sympathetic to
his proposal, but administration
spokesman made it clear that the
President was campaigning for his
own bill with as much determination
as before the Wagner act decisions.
McCarran said he was prompted to
introduce his plan by the Wagner de-
clsions, the increased business of the
high court and the increased popula-
ton OF the country. He described it
as the product "of my own thought
without consultation with any one"
Present Members Would STAY.
1T Is fair" McCarran added, and
would remove all criticism No
legitimate charge of packing the court
could be made. because the present
membership would remain. 1t would
give President Roosevelt, who has ap-
pointed no members of the court, an
opportunity to appoint two"
His amendment would also clarity
the language of the Roosevelt measure
with respect to additional judges in
the lower courts.
1t would retain the provision for the
appointment of up to so additional
judges, but provides that the increase
would be permanent and not drop back
as the older judges retire.
Smith Called Before Committee.
Smith was called before the Judici-
AIRY Committee by Senators opposed
to the bill after three members of the
cabinet had made it clear there would
be no let-up on the part of the admin
Stratlon to secure passage without
compromise.
AS chairman of a special committee
designated by the association to con-
vey its views to the Senate, Smith said ::
The true objective of the measure
is to force the judiciary to adopt the
constitutional views of the Executive
and Legislature. The effect is clearly
to defeat the balance of powers essen
tial to constitutional government. The
real reason for the proposed measure
must be the selection of justices whose
views on known or future legislation
are different from the views Of justices
now sitting.
The Presidents advisers are per-
fectly willing to keep the Supreme
Court, but they insist that the court
interpret the Constitution in accord
ance with their views"
Advances Objections.
Smith advanced the following three
basic objections to the bill:
l. The proposal, in the manner pro-
posed, is in a moral and spiritual
sense unconstitutional.
2. The effect of the proposal is to
appoint to the Supreme Court. last
refuge of the oppressed, men whose
broad views will be known before they
accept appointment.
3. The proposal will not obtain its
objective and the changes proposed
can be made by amendment to the
Constitution.
Discussing his second objection,
Smith told the committee:
NO decent, reputable lawyer has
ever tried case who would accept, In
the most important litigation, a Juror
whose views with relation to the case
were known In advance. Both law
yers and laymen condemn and fear
packed Juries or partial ju. res. In
practically all cases of presen, impor-
lance the Federal Government is a
party and a citizen the adverse party,
If the people know in advance of
O hearing that the administration has
selected q judge who will be presumed
to favor the Governments contention,
respect for his decision must be gone"
1895 Returned Ballots.
The detailed results of the bar asso-
citation poll. Smith said, showed that
OF the 29,6l6 members OF the associa-
ton 1885 returned ballots. Fights.
six per cent were opposed to the plan
and Is per cent In favor of it. A total
OF l42,320 non-member lawyers were
sent ballots and 44,021 returned against
the plan and 1l.770 were In favor Of 1t
OF the total lawyers voting, 56,15a
were reported against and 1883 in
favor.
Paul F. Hannah Of Washington,
secretary Of the Junior Bar Confer
ence, told the committee 80 per cent
OF his organization had voted against
the Presidents plan. The conference,
he said, Is q national organization Of
members Of the American Bar Asso-
citation who are under IS.
Right Rev. James E. Freeman,
Bishop Of Washington, has been In
vitcd to appear before the committee
tomorrow morning to discuss the bill.