The Waterbury Democrat., 1937-02-10

WlCu the FTeSlQeIlC OH HIS Congress say that it was thought-out steps he has ev
 It was generally admitted around the White House. even by the President himself, that his "hOrse and buggy" tirade against the Supreme Court was a boner.
 THEREFORE, HE WAS ES- PECIALLY CAUTIOUS NOT TO GET OUT ON A LIMB TWICE.
 Many Roosevelt advisers urged him to propose a constitutional amendment, and for a time this was very seriously considered. An amendment limiting the power of the Court would pass Congress easily, it was believed, but one very important development influenced Roosevelt in deciding against this. State Legislatures
 Word came to him from various sources that drive was already under way on the part of Liberty League forces to influence state legislatures. In fact, the reports were that big business interests were raising money to buy up legislatures, if necessary, to kill such an amendment.
 Buying up legislatures is not 50 difficult in certain states. It has been done in individual cases in the past, and to defeat an amendment would require only 13 states.
 These reports were checked, and Roosevelt finally became convinced that a constitutional amendment would be too risky and in any event would take too long. He is anxious to get legislation re- garding minimum wages. maxi mum hours, and-if possible this spring.
 Therefore, the plan of enlarging the court finally was decided upon. Hidden Dynamite
 The message to congress which followed contained lot more hid den dynamite than appeared on the surface. The President very cleverly worked into 1t quotations and reform plans which had been advocated by the very Justices now sitting on the Supreme Court.
 One of these was Justice Mo- Reynolds, bitterest enemy Roose- welt has on the Court. Mo- Reynolds twice has deliberately turned his back on the Gridiron Club dinners when the President passed him. All other guests were standing in tribute to the honor guest.
 So without mentioning names Roosevelt wove into his message to Congress the fact that McRey- holds, as attorney general in 1913 and "A, recommended to Congress that when a judge did not retire at the age of 70 "an additional judge be appointed in order that the affairs of the Court might be adequately discharged.
 Mc7eynolds, who proposed to retire judges after 70. celebrated his 18th birthday last week.
 Quotes Hughes
 Roosevelt also worked in some quotes from Charles Evans Hughes, who once delivered a series of lectures in which he em- phasized the manner in which judges clung to the Supreme Court beyond the age of useful ness. Hughes felt that 70 might be too early to retire, but that "a compulsory retirement at 75 could be more easily defended"
 Hughes will be 75 in April.
 Hughes agreed however, that "the risk, of having judges who are unable properly to do their work and yet insist on remaining on the bench, is too great to permit chances to be taken"
 Brandeis Exception
 White House advisers say that one sentence in the Presidents Supreme Court message was de- liberately inserted as tribute to Brandeis, now aged 30. This pas- sage read:
 'Tn exceptional cases, of course, judges, like other men, retain to an advanced age full mental and physical vigor."
 NOTE-Brandies, however, ex- poets to resign if the bill passes. He does not want to appear to be clinging to the bench.
 Too Many Lawyers
 Judge William Denman of the Ninth Circuit Court of Appeals has some interesting ideas on the need for more federal judges throughout the country. He says in brief
 "All over the country there are lawyers almost starving be- cause the big law firms. because of their prestige and contacts, get most of the business.
 "These big firms have more work than they can take care of, and constantly are forced to ask the courts for postpone ments, which the judges, being 0verw0rked themselves, are all too willing to grant.
 ''But if there were enough judges so that cases could come