The Washington times., 1937-02-23
HOUSE LEADERS
INC0NFERENCE
ON COURT
CONTINUED from Page y

House.
Speaker Bankhead, Majority
Leader Rayburn, House Judiciary
Chairman Summers and Demo
cratic Whip Boland were the quar-
tet which went into consultation
with the Executive today.
Warn Against Changes
Meanwhile, a warning from
House leaders that they will kill
the bill authorizing Supreme
Court Justices to retire at the age
of 10, if it is amended by the Sen
ate. appeared to insure its early
enactment into law without
change.
The bill, passed two weeks ago
by the House, would grant retire
ment privileges at full pay to any
Justice reaching 10 after 10 years
on the bench. Thereafter, the
Chief Justice could assign any re-
tired justice to light duties in the
circuit court of appeal, if the re-
tired justice was willing to as
sumo that work.
Reasons for the Houses warn
ing were undisclosed. President
Roosevelt was reported friendly to
the legislation, and the proposed
amendments, non-political in char.
acter. touched fundamental legal
questions.
Borah Leads Drive
Senator Borah (R) of Idaho,
led the drive for one amendment,
to strike out the provision per-
mitting retired justices to serve in
the lower courts. He denounced it
as insulting" to the dignity of a
retired Supreme Court justice, and
said:
1--WE cannot abolish the office
of a Supreme Court justice. We
cannot take away his salary. We
cannot take away his duties.
We can only tighten his duties
if he is agreeable. There is no
necessity to provide new duties
in retirement"
Other Senators desired to re,
draft the entire bill to obtain the
same goal proposed in the original
House measure. They condemned
the House bill as poorly drawn,
since it proposes to amend an
existing law instead of setting up
a new statute.
Thorough Study Urged
All amendments previously were
defeated in the Senate Judiciary
Committee. Members said this
result was due to the House ulti'
matum.
Meanwhile, friends and foes of
President Roosevelt's proposal tc
enlarge the Supreme Court coun
seled thorough study of the pro
gram before permitting Senate
action. The Senate judiciary
Committee will start public hear
ings on it March 9, hearing Gov
eminent officials first. Chairman
Ashurst CD of Arizona said:
81 think 1 am favOring this
bill when l say 1 want it
thoroughly explored. 1 believe
this bill can and will stand
analysis and investigation. I
believe it would be harmful to
this measure to attempt any
hasty consideration of it,"
Senator Van Nuys (DJ Of In
diana, leader of the opposition
agreed that the hearings should
be thorough, saying:
eve, who oppose this bill,
shall wish to call a number of
prominent people as witnesses.
We want to hear from judges
on the bench, from students
of constitutional government
and from leaders of public
opinion"
Several months may elapse be
fore the bill reaches the floor OF
the Senate. House leaders insisted
they would not consider it until
after the Senate had acted.
Justices to Get Chance
The Supreme Court justices will
be given an opportunity to be
heard if they request it. The jus
tices, however, have remained
aloof from the legislative activities
of Congress, making but one ap
pearance before a congressional
committee within memory of Capi
ol officialS-and that was on a bill
effecting simplification of appel
late procedure.
Fresh floods of oratory and bule
ing mail sacks accompanied tn
under-cover battle over the Pres
dents proposal. Senator Barkle
CD of Kentucky, in radi
speech, declared the reforms net
essary if New Deal goals were t
be achieved. Senator Burke Cd.
of Nebraska, asSailed the propose
as "the most insidious attack o.
the Federal judiciary since tn
Constitution was written" Ash
urst's office reported:
Eve are receiving thousands
of letters on this issue. They
are about evenly divided pro
and con-"
Van Nuys' office reported:
eve have received 6,S03 letters
against the plan and 377 favor
ing it. In the last "a hours, the
count was 664 against and only
20 in favor"
AnVEpTtsEuENr