Evening star., 1937-02-06
Lincoln
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of its work With but eight cases on
file for argument before the court,
there was some doubt that the court
would be kept as busy as it could
readily be during the next month or
two. This led opponents of the Presi-
dent and supporters Of the court to
charge that the Presidents plan, so
far as the Supreme Court is concerned,
is merely to obtain different person.
mel more favorable to New Deal
legislation.
Other Points Obscured.
The controversial proposal regard
ing the Supreme Court obScured the
other vital presidential recommended
tions that:
A similar procedure be followed In
lower courts when judges fail to re-
tire at 10.
A Supreme Court proctor be ap-
pointed to relieve lower court conges-
ton by advising the Chief Justice
where additional judges were needed.
Federal courts be required to notify
the Attorney General and give him
opportunity to be heard, before ruling
on any constitutional question.
There should be an immediate and
direct appeal to the Supreme Court
from lower court decisions on con-
stitutionality of any law.
Justices Get Copies.
Copies of the Presidents message
were distributed to the nine members
of the Supreme Court yesterday aft
ernoon as they sat on the bench. One
or two of them read it, while others
laid it aside, apparently for future
consideration.
bill to carry into effect his recommen-
dations was referred to the Judiciary
Committees of the House and Senate.
Although the President submitted
this bill, no one had introduced it in
the Senate. 1t was offered in the
House yesterday by a comparative
newcomer, Representative Maverick,
Democrat, of Texas, almost before
many realized the full purport. Both
branches were in recess today.
Chairman Summers of the House
Judiciary Committee, another Texas
Democrat, studied the Roosevelt pro-
posal to see whether he would sup
port it. Despite his hesitation, not a
single Democratic Representative
openly opposed the suggestions. Men,
bers of the liberal bloc spoke en-
phatically in favor.
While many Senators declined to
commit themselves, about two-thirds
of those who did stood by the Presi-
dent. Among the dissenters were
such Democrats as King of Utah,
Burke Of Nebraska, Glass and Byrd
of Virginia and Gerry of Rhode Is
land.
Senator Robinson of Arkansas, DEM
ocratic leader, issued a statement in
which he said sit appears likely that
the bill will receive favorable consider
alton by the Senate" Senator Ashurst
of Arizona, chairman Of the Judiciary
Committee. likely sponsor Of the bill
unless 1t should be offered by Senator
Robinson, as leader, announced his
approval of the Presidents proposal.
Vandenberg Hits Packing"
Most ourspoken was Senator Van
denberg of Michigan, Republican, in
his opposition to that part OF the
Presidents plan dealing with the
Supreme Court. Said Vandenberg:
II agree with some Of the things
said in the message, particularly the
Intervention of the Department of
Justice in case between two private
citizens where a constitutional ques-
ton is involved. I also look with favor
on the proposition for an immediate
appeal to the Supreme Court when a
lower court holds a law unconstitu-
tional. most emphatically do not
agree to packing the Supreme Court
no matter how adroitly the proposal be
described in multitude of words. The
entire Nation conceded that the late
Justice Oliver Wendell Holmes grew
In wisdom with the years and when
he retired at 81, if that was his age,
the whole world regretted his. deci-
sion"
Taking cognizance of charges by
Hoover. Senator Vandenberg and
other Republicans that such legisla-
ton would mean packing" the high
est court, Senator Robinson reminded
that the bill proposed enlargement of
courts only "in the event a Judge or
justice continues to serve after he has
become eligible for retirement"
IF a justice feels the court should
not be increased in number" he said,
"he can contribute to that end by
retiring"
Robinson also used an argument the
President employed in his message,
and other Democrats planned to rely
on later, that similar proposals had
often been made.
Urged by McReynolds.
81 remember" he told reporters.
"that both former Attorneys General
McReynolds and Gregory recon-
mended that, in the event a Judge
continued to serve after he became
eligible to retire. authority be granted
for appointment of an additional
judge.
IF the principle should be appli-
cable to District and Circuit Courts,
there appears no reason for refusing
its application to the Supreme Court"
The McReynolds to whom Robinson
referred is now the Roosevelt admini-
stration's most consistent opponent ON
the Supreme Court, and one Of those
to whom the new program would
apply. He was rs years old on
Wednesday.
The five other justices now past 70
who would get the option Of retiring
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