Evening star., 1937-07-20

death, resignation or retirement OF a
justice except the Chief Justice, who
has reached the age of rs, shall be
filled unless the filling of such vacancy
is necessary to maintain at not less
than nine the number OF justices who
have not reached the age OF IS. 1t
will be noted that the retirement age
in the substitute bill has been raised
from 70 to IS years. Counting the
vacancy already existing in the court.
the substitute will give the President
power to appoint three additional JUS
tices by January z next. He may fill
the existing vacancy He may imme-
diately appoint an additional justice
After January l, when a new calendar
additional appointment.
May Accumulate Appointments.
During the first day of the debate
in the Senate. the proponents OF the
bill were forced to announce that the
discretionary. permissive power OF the
President to make additional appoint
ments to the court would be made
mandatory. AS the bill actually stands.
the President may accumulate ap-
polntments. He may in effect say to
a justice who has reached the age of
rs. as long as your decisions are sat
isfactory no additional justice will be
named to sit by your side" Under
the substitute, the perma nent size Of
the court will vary in any event, de-
pending upon the number of unre-
tired justices over rs.
Like the original bill. the substitute
provides for the appointment of addi-
tional judges in the lower Federal
courts TO replace or supplement those
having reached the age OF 10 years,
but limit OF 20 instead OF so is i'm
posed as the aggregate number of ad-
ditional judges who may be appointed.
The substitute. in the language Of
the original bill. provides for designa-
ton and assignment OF judges TO
courts other than those in which they
hold their commission, both district
and circuit. The assignment is to be
made by the Chief Justice of the su-
preme Court alone.
The new bill introduces a new sub
Ject, to wit: The right of interven-
ton by the United States in suits
in which the United States is not a
party in cases where the constitu-
tlonalitv Of statute is questioned
There are other minor provisions of
the bill, Of more or less importa nee
relating to the appointment of a
court proctor and providing for the
appropriation Of sums OF money nee
essary to carry out the provisions
OF the act without specific limita-
ton. which may not be discussed In
the brief time assigned.
Bills Held Same in Thought
In reality. the proposed substitute
is the old bill in principle and con-
sequence. The President is given
power to add justices to the Supreme
Court and judges to the lower courts.
"Congested dockets and aged judges"
are out OF the picture In view OF
the whole history Of the bill and In
the light of the arguments adduced.
especially the admissions made by the
proponents OF the measure, the pur-
pose Of adding justices to the Supreme
Court and judges to the lower courts
is to affect. il not to control. judicial
decision and determination. The Con-
stltution, they declare, is what the
justices say it Is. Therefore, the Con-
stitution must be interpreted, 1t must
be construed in manner satisfac-
tory to the Congress and to the Ex-
ecutive.
Democrats are warned that they
cannot look Beyond the present Demo-
cratic administration. The Congress
must give the power At once to the
Executive to add Justices to the su-
preme Court and judges to the lower
courts. II Democrats raise the cues
ton that the next administration may
be Republican. Socialist, Communist
or peculiar combination OF two or
more political breeds; and If this
next administration chooses to follow
the easy precedent which We are now
called upon to make. and to make
at once. we may not inquire into the
consequences to the country. the lib
critics OF the individual is to opnose
the President and In view Of som.
OF the able exponents Of this doetrin.
stranee to America. to oppose this
measure is to destroy the President
indeed, some of our DISTINGUISHED
friends on the other side look be-
yond our own declarations OF pur-
pose into our motives, into the hidden
recesses OF our hearts and declare that
We are endeavoring to destroy the
DemocrAtlc party. Let that arpu.
ment pass. 1t is sufficient to sav
that while We stand in the s.nats
and in the country as Democrat.
many OF Us, we nevertheless recognize
the issue as above party lines and
II We may be pardoned, we humblv
believe We represent Americanism IN
our opposition to this bill
the substitute, like the old bill in.
tends to create Supreme Court that
will approve and validate the vii, and
legislative program OF the party tenn
porarlly In power. II the party IN
power may create its own court n
approve its own program and policies
however wise and right. stability In
government is threatened. The Con-
stltution is the basis Of stable govern.
ment and the Constitution cannot
long survive without the aid OF an
independent, uncqntrolled court.
Centralising Of Power.
This bill does not touch the question
OF divided decisions, 20 prominently
advanced in February. 1t does MOTH
ing to prevent five-to-four opinions
1t is still bill to centralioe power in