The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1937-02-19
COMP ROMISE
FORMULA FOR
COURT SOUGHT
Summers Measure May go
to Senate Floor
Next Week

" ~ N.N, We ''' -
Senate opponents Of President
RoOScvcltS court reorganization
program sought q formula last
night into which they might fit
their substitute plans on dealing
with the supreme court and get Il
compromise on which they could
unite.
With Mr.. Roosevelt and his con-
cressional leaders still maintaining
opposition to any fundamentals
modification, Senator Edward X.
Burke, d.. Ncb., suggested chang
Is i'm the Whecler-BOnc proposal
for q constitutional amendment to
permit, in effect, popular vctoes
of supreme court decisions.
The Wheeler Bone propose!
would permit congress to re-cnact
laws declared unconstitutional by
the supreme court by q two-thrdS
vote of both houses after a ma
t,Gnal election has interviewed to
permit the nation 90 express its
Will on the issue.
Burke proposed that the states
be required TO act within one year,
and that ratification be by state
conventions instead Of by icgISla-
lures.
Senator Burton X. Wheeler. D.,
Mont, indicated willingness to ac-
cCpt the changes, except that ne
thought one year too short a time
and suggested two years. senator
Homer T. Bone, d., Wash, said
he had no objection to onc-year
clause to speed it up. The meas
urc now carries a provision re-
curing action in seven years.
Administration leaders, while
avoiding quotation, doubted that
such procedure could be success
ful. States might resent being
urged to hurry, they pointed out,
and it might be too easy for a
handful of states to block the pro-
posal.
Although the senate still is
about equally divided into three
camps for, against, and non-com-
initial on the program, leaders
claim privately that 53 senators
more than a majority-will sup
port the presidents bill. The OPP
position is strong enough, how
ever. to prevent the measure ever
reaching q vote at this session.
The opposition fire since Mr..
Roosevelt's supreme court message
has been scattered in several di-
rcctions. Burke himself has in
troduced a constitutional amend
ment approaching the problem diff
ferently. His measure would per-
nit supreme court Justices to re-
tire at 20 and compel them to quit
the bench at 70. His suggestions
modifying the Wh"clcr-Bonc rcso-
luton was the first move to fuse
opposition suggestions Of influen-
tial senators.
Senator Pat McCarran, d., New,
head Of a judiciary subcommittee,
said he would report the Summers
bill for voluntary retirement of
supreme court justices to the full
committee Monday and reiterated
his hope that it would see floor
action next week.
The Summers bill mas passed the
house.
McCalTan, who Wednesday OBJ
tanned passage on resolution
calling for government depart
ments to report on the extent to
which court writS had hampercd
operation, said his own prclimin-
any survey showed that at least
1000 injunctions had been grant
cd by inferior courts restraining
collection of AAA processing
taxes, involving financial costs of
over $l,000,000,000.
Twenty-six congressman from
16 states gathered last night to
work out a program of action
which will push the presidents
judiciary reorganization plans.
The members, headed by Repre-
sentative Maverick. said they
would make regional speeches in
support Of the proposals if neces-
Sarv.
They said they considered the
last election "a mandate to carry
out the will of the people and
they were convinced that only by
reforming the supreme court
along the lines proposed by Mr..
Roosevelt could this mandate be
! carried out.
The senate promises to be the