Evening star., 1937-07-13
JUSTICES QUOTED
ON COURT ISSUE
Hatch, Co-Author of Com.
promise Bill, Urges Pas
SAGE in Radio Forum.

Utah. and Justice McReynolds, when
he was Attorney General were cited
by Senator Hatch of New Mexico last
night in advocating passage of the
substitute court bill for Supreme Court
reorganization
Senator Hatch, who is co-author of
the compromise bill, spoke on the
National Radio Forum, sponsored by
The Star and broadcast over Nation
wide network of the National Broad
casting Co.
Il think" said Senator Hatch sit
may clarity the discussion Of the sub
stitute proposal If We look little into
the history of that statute retirement
or appointment of new Federal Dis
trict and Circuit Court judges al
ready on our books. In his report for
the fiscal year ending June 30, 1918,
nearly Is years ago, the then At
torney General of the United States
(today an associate justice of the
Supreme Court of the United States),
Mr.. Justice McReynolds, made this
recommendation:
Judges of the United States courts,
10 years, may retire upon full pay
In the past many judges have availed
themselves Of this privilege, Some,
however, have remained upon the
bench long beyond the time when
they were capable of adequately dis
charging their duties and in conse-
ouence the administration Of justice
has suffered
Would Take Precedence.
Senator Hatch quoted the then At
torney General as recommending an
act providing that when any judge be-
low the Supreme Court fails to avail
himself of the retirement privilege
the President be required Ito appoint
another Judge, who shall preside over
the affairs of the court and have prece-
dence over the older one"
This will insure" McReynolds was
quoted as saying, the presence of d
Judge sufficiently active to discharge
promptly and adequately the duties of
the court"
Senator Hatch quoted Justice Suth-
erland. who spoke as Senator IN
1916, as asking the late Senator Cum
minis of Iowa whether he does not
think the reason would be stronger in
favor of such legislation as to the Su-
preme Court"
The proposed law affecting retire
ment Of Federal district and circuit
Judges or appointment of new Judges
to replace those incapacitated was
+oS iv, 10 tph
Text of Address.
The text of his address follows:
Tonight 1 hope to discuss, calmly
and dispassionately the substitute pro-
posal for the reorganization Of the
Federal courts now pending before the
Senate
In the controversy over the original
proposal. evil forces of hatred, suspi-
cion and distrust have been loosed
bringing to many of our citizens un-
warranted fears and apprehension. l
r1ope that the spirit of this evening
will be to lay aside that suspicion and
iistrust and accord to those who do
not agree with us the same respect
for pa atriotic motive and purpose which
We WOuIQ WANT lTO1Il lllSlH.
The original plan providing for the
immediate appointment of six justices
of the Supreme Court without setting
up a permanent plan to make con-
structive and lasting reform was OPP
posed by many of us who believe there
Is vast difference between leglslatlng
for the immediate present and estab-
fishing a range permanent pro-
gram.
I have always believed the Presi-
dents plan to provide a constant and
systematic addition of younger men
to the court was a wise correction OF
known evils in our judicial system.
Under the life-t tenure clause of the
Constitution. Federal judges remain
on the bench as long as they live. Even
though they become totally incapacl-
tated, physically or mentally, or both,
there is no power vested in any
branch of the Government to correct
the situation except the appointment
Of additional judges-or a cruel and
humiliating power Of practical re-
n1oval for inca pacity vested In the
President with respect to lower court
Judges only.
Static Judiciary Not Goal.
The danger that might result was
pointed out by the President in his
message of February S, when he says:
"Life tenure of judges. assured by the
Constitution. was designed to place
the courts beyond temptations or in
fluences which might impair their
judgments; it was not intended to
create a static judiciary. A constant
and systematic addition of younger
blood will vtalize the courts and bet
ter equip them to recognize and apply
the essential concepts OF justice in
the light of the needs and the facts
d an ever changing world
It was this Well-knoWn and we'll
understood imperfection in our laws
relating to the judiciary which caused
me first to look with favor upon the
suggestion of the President to provide
q plan for the constant and syste-
matte Addition Of younger men to
the court.
When I looked further into the
matter, in accordance with sugges-
tions in the Presidents message,
found that the best minds in Con-
eress and the Department of Justice
had for many years agreed with the
Presidents position. and that as fal
as the lower courts were concerned
the principle was not new at all, but
was already on the statute books, al
though In form too cruel for any
humane President to use. In othel
words. President Roosevelts propose
did not express a new idea; 1t wa.
merely a refinement and an extension
to the Supreme Court Of a principle
that was already adopted by Con.
gress.
I think it may clarity the discus
sion Of the substitute proposal if w
look a little into the history of thai