Evening star., 1937-02-06

on top Of several @
decisions Of the M u
Supreme Court
declaring his leg
islation unconsti- ~
tutional, the most
heard comment Is n.,,sr.xr.r.e-
that because Mr..
Roosevelt does not like the decisions OF
the umpire, he has decided to change
the umpire.
For any change in the number OF
justices means a change in the COM
posite umpiring tribunal Mr.. Roose-
welt, by appointing justices VINO agree
with his political point Of view, can
directly change the decisions of the
Supreme Court.
The message has in it many good
parts and some that will evoke pro-
lonred controversy. That which re-
lates to congestion in the lower courts
and the need for additional judges
there will be approved by lawyers gen.
erally. But it will be disputed that
there is any congestion in the work
of the Supreme Court requiring any
additional judges.
Will the law pass?
Many Facets Mirrored.
The answer may depend on the
following points:
First, the Presidents proposal auto
matically makes ineligible for appoint
ment as additional justices of the Su-
preme Court Of the United States or
for any other Federal judgeships any
member of the House or the Senate Tor
q period of at least two years. TINS is
because the Constitution forbids any
Senator or Representative from being
appointed to any office created during
the term for which he was elected.
Secondly, if 10 years is the precedent
established for usefulness OF puohc
officers, then members of the House
and Senate who are approaching that
limit and feel themselves capable OF
running for reelection will have DIN
cultv facing their constituents with
plea for reelection.
The proposal therefore. becomes
one that will become intermingled with
political considerations and may,
therefore, be allowed to lapse unless
Mr.. Roosevelt insists on cracking the
whip over the heads Of members OF
his party in Congress.
Inconsistencies. Seen.
The measure has in it many in
rIl,, tHa Drpc1Hnnt
makes out case against the con-
tinuance on the bench OF Supreme
Court justices or other judges who
have reached the age of 10, yet he
submits a law which will make it
possible for him to appoint a judge
60 years old who can remain for 10
years, namely till the age OF 7s, with
out being substituted for under the
proposed plan.
Another puzzling point relates to
the expansion and contraction OF the
Supreme Court. The President says
that for each of the older judges who
does not retire, there shall be ap-
pointed q new Judge to match him.
Yet II the older Judge resigns or dies,
the alternate Judge remains on the
bench. Conceivably, if all six OF the
present nine justices of the Supreme
Court who are above 10 years Of age
resigned, Mr.. Roosevelt could appoint
six others and the membership would
remain at nine. Then what becomes
of the argument that the work OF
the court has increased and that
more judges are needed?
What Mr.. Roosevelt may mean Is
that the present six justices who are
over 10 are in his way and that once
they are eliminated the court will
function with marked satisfaction to
him.
Bill Not Clear on Total.
It Is not clear from the language
Of the bill whether the President can
refrain from appointing an alternate
Judge under certain circumstances.
Thus, supposing all six justices now
over 10 choose to remain and Mr..
Roosevelt has appointed six other
justices to match their alleged in
trinity with youth and vigor, the
total membership of the Supreme
Court would be Is But If after the
court Of IS has been functioning for
awhile and one of the original ap-
pointees dies, does this give the
President power to appoint another
Judge or does the membership OF the
court then remain IA?
Clearly, the proposed bill only refers
to certain specified conditions under
which additional Judges may be ap-
pointed and 1t does allow for the
possibility of IA or IL or some other
even number in which case the
chances for an equal division and
deadlock are Just as numerous as they
are today.
Many questions are being asked that
indicate the far-reaching nature OF
the profound problem raised by Mr..
Roosevelt's avowed desire to alter our
historic judicial system. If nine men
are not to be trusted to handle the
judicial power In the highest court,
will one man continue to be entrusted
with the executive power, or will the
Nation insist on a cabinet OF or Is
men, as in Britain, and an opportunity
for the people to vote out Of Office an
administration which on specific meas
ures fails to win popular confidence?
Another thing-who Is to be the
Judge Of what cases shall come up for
review2 Shall 1t be statute of Con-
gress or rules of the court? The nine
members of the present court, liberals
and conservatives alike, told a COM
mittee of Congress about two years
ago that 1t wasn't necessary to pass
legislation permitting appeals to 60 di-
rectly from the District Court to the
Supreme Court, because the present
rules provide for such appeals in cases
deserving review.
May Slow Up Justice.
Mr.. Roosevelt's plan may have the