Evening star., 1937-02-16
Judiciary Committee to Get
Measure, Approved by
Subcommittee.
NO VOTE CAST AGAINST,
BUT B0RAH DEPARTS
Minton Sees. Election as Mandate
to Go Ahead" With Presi.
dents Desires.
Full Tert of Senator Minton's
Speech in the National Radio
Forum Appears on Page Alp.
BY G. GOULD LINCOLN.

The bill authorizing voluntary re-
tirement of Supreme Court justices on
full pay at 10, passed by the House last
week by an overwhelming vote, re-
ceived favorable action today at the
hands of a subcommittee of the Sen
ate Judiciary Committee.
Senator McCarran of Nevada, chair
man of the subcommittee, said that
while the vote was not unanimous, no
one had voted against the bill. He
added he would report the bill to the
full committee at its meeting Monday.
II hope and expect that the full
committee will take prompt and IA
vorable action on the bill and that 1t
may be taken up in the Senate and
passed next week" he said.
Under the provisions Of this bill
members of the Supreme Court will
have the same privilege of retirement
which the judges OF the lower courts
now have.
Il do not think that it is fair for
the law to tell the Supreme Court
justices that they cannot retire"
Borah Leaves Meeting.
At the meeting of the subcom-
mittee this morning, McCarran said.
there was a full and frank discus.
sion of the measure. Before the
committee adjourned, Chairman
Summers of the House Judiciary
Committee joined the subcommittee.
The bill was ordered reported without
amendment.
Senator Borah of Idaho, member
Of the subcommittee, left the meet
ing before it was over. He was the
member who did not vote.
Borah said later he believed the age
of retirement for Supreme Court JUS
tees should be made IS instead of 10.
1t is his contention that some of the
ablest and wisest decisions rendered
by judges in English and American
courts over a great period of years
have been handed down by judges be-
tween IS and rs. He also objected co
that provision of the retirement bill
which would make it possible to call
on retired Supreme Court justices for
service in other courts.
When justices of the Supreme
Court retire" said Borah, they should
retire, and not be subject to being
sent around to try cases in the lower
courts. If they cannot perform their
duties as judges on the Supreme
bench, because of age. there is no as.
surance that they could perform such
duties in the lower courts. Besides, it
would be an undignified proceeding W
send these members of the Supreme
Court to serve in the lower courts"
Prefers Retirement at IS.
The Idaho Senator would prefer.
it is understood, a constitutional
amendment providing for compulsory
retirement of Supreme Court justices
at rs years Of age.
The other members of the subcom.
mittee present in addition to the
chairman were Senators Hatch, New
Mexico, and Norris, Nebraska, Sen.
ator Logan, Kentucky, was not pres
ent, but he is favorable to the bill.
There is a very definite hope on
the part of many members of Con-
gress who opposed the Presidents
plan for increasing the membership
of the Supreme Court that, if the
voluntary retirement bill is enacted.
several of the justices past the age
of 70 then will retire That, it is be-
lieved, would result in easing the
pressure for the Presidents plan,
and it might never be adopted.
While the Senate subcommittee was
at work on the voluntary retirement
bill, the House Judiciary Committee
held a meeting, but did not take up
or discuss the Presidents judiciary
bill Nor did it discuss the bill which
it reported to the House last week
authorizing the Attorney General TO
intervene in private suits where the
constitutionality of Federal laws was
involved.
Meeting Is Social Gathering
This measure was not pressed to
vote in the House last week because
of objections from the White House.
The House Judiciary Committee ad-
journed to meet a week from Thurs
day.
When the House committee as
sembled today, Chairman Summers
suggested that I'VE have a social
(See JUDICIARY, Page A-2)