Evening star., 1937-02-06
Member OF the Associated Press.
The Presidents Plan.

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President Roosevelt's proposed reor-
ganiZation of the Federal judiciary seeks
primarily to revamp the Supreme Court
of the United States. This purpose is
wrapped up in strong plea for more
adequate judiciary in order to assure
prompt justice for all. In his message to
Congress the President presents real
case for additional judges He shows that
the dockets of the district courts are
tremendously overcrowded and that
many Of these courts are far behind in
their work.
Instead, however, of proposing directly
to increase the number of judges. the
Presidents bill empowers the Chief Ex-
ecutive to appoint an additional judge
only where Judge has reached the age
Of seventy and one-half years and has
failed to retire. In other words, if all
Of the judges eligible for retirement
should take themselves of the BENCH
the total number of Federal judges would
remain the same as it is today. The
gain, presumably, would be found in
having younger judges-and, presum-
ably, judges with newer ideas.
At present there are six of the nine
Justices of the Supreme Court of the
United States who are over the age
limit set by the President in his bill. If
the bill becomes law, either these judges
will retire, or if they remain on the
bench, the. membership of the court
will be increased by six new justices,
bringing the personnel of the court up
from nine to fifteen. Should the six
justices retire, the effect would be not
to increase the size of the court, but
merely to change the personnel. The
change in personnel of the Supreme
Court is one that has been ardently de-
sired by advocates of administration
measures, since the court has ruled eleven
times against the New Deal laws and sus-
tained them only five times. If, on the
other hand, the six justices seventy years
of age and more remained on the bench,
the President would be in position to
add a half-dozen new members of the
court, which presumably would be more
than enough to swing the court to sup
port of New Deal laws.
The President, in his message to Con-
gress at its opening, clearly expressed
the opinion that what was needed was
more liberal Interpretation of the Con-
stitution and not its amendment. To
that proposition he continues to adhere
in his message proposing a reorganiza-
ton Of the judiciary. He warns, how
ever, that in the event his proposed bill
is not enacted into law, either constitu-
tional amendment or legislation to cur
tail the powers of the court to pass upon
the constitutionality of laws Of Congress
will become necessary.
The Supreme Court-whatever may be
the case with the inferior courts-is to-
day well up with its work. So well up,
indeed, that only eight cases await
argument, and there is question whether
the court will have enough to do to
keep 1t busy throughout March. This
does not look as though the Supreme
Court itself needs enlargement. Whether
1t needs justices with more elastic or
"liberal" opinions regarding the Consti-
tuition Is another matter.
So much for the proposal to revamp
the Supreme Court With regard to the
Presidents plea for more speedy justice
in the lower courts, there seems no slight
est doubt that he is correct. The facts
set forth by Attorney General Cum
mings regarding the overcrowded dock
cts Of the lower courts are undeniable.
The delay Of justice in the United States
has been unfortunate for years. Not all
Of 1t, of course, Is due to the small num-
Der Of Judges. The practices permitted
lead to long delay, and often to mis-
carriage of justice simply because
litigant is unable to meet the expense
Of a protracted proceeding.
The bill sent to Congress by the Presi-
dent provides that "the number Of judges
Of any court shall be permanently in
creased by the number appointed there
to" under the provision directing the
President to appoint additional judges
when judges of retirement age fail to
retire. This, unless all the judges Of
retirement age promptly leave the bench,
would necessarily increase the total
number Of Federal judges and increase
the size of the courts, including the Su-
preme Court, within the limits pre-
scribed by the bill. The presumption
is that not all the judges would retire
and therefore the courts would be en-
larged. The provision for appointment Of
additional judges does not run alone to
the judges who may now be Of retire.
ment age. It will run also to every
Judge who later reaches the retirement
age.
The purpose of the President to bring
about more speedy and more adequate
handling of litigation is admirable. His
evident purpose, however, to deal with
Supreme Court which does not see eye
to eye with him wiis>be debated the