Evening star., 1937-07-20

reorganiZe the Federal judiciary, Sen
ator George, Democrat. OF Georgia,
declared last night that the substi-
tute measure now under consideration,
like the old bill, intends to create a
Supreme Court that will approve and
validate the will and legislative pro-
gram of the party temporarily in
power"
George spoke in the National Ra-
oio Forum, arranged by The Star and
broadcast over Nationwide net
work OF the National Broadcasting
Co. His speech was, in effect, reply
Democrat, OF New Mexico co-author
OF the compromise legislation.
The Georgia Senator, who has been
sharp in his criticism of the court
bill since its introduction, also con-
demned Its provisions affecting the
bower courts. characterizing as car
pst-baggery glorihed" the section un-
empowered to transfer Circuit Court
Judges from one circuit to another.
Couple this power In the Gov
srnment at Washington with the
power now existing to choose jurisdic-
ton In the trial OF every citizen
charged with offenses overlapping
State bounds and conspiracies gen.
orally and centralization Of judicial
power Is immeasurably advanced" he
said. The philosophy underlying
this so-called reform is hostile to the
philosophy Of the right OF the citi-
zen as guaranteed in the Bill Of
Rights-his right to trial by an i'm
partial jury"
Defense Time Held Passed.
Senator George, who denied that
opponents of the measure are fighting
the President. declared that If at
any time defense of the original or
substitute bill might have been made,
certainly that time has passed"
He pointed out in this connection
that legislation has been passed pro-
viding for retirement for Supreme
Court justices. and that one-Justice
Van Devsnter--had retired. He re-
called also that the social security
and labor rela tions acts had been
validated by the court.
The text OF Senator Georges ad-
dress follows:
The original bill for the remaking
OF the Federal judiciary was intro
duced into the Senate February, 1887,
After full hearings before the Sen
ate committee. during which many
of the most eminent turists ministers,
professional men and laymen were
called to testify, the bill was adversely
reported, Seven Democrats and three
members of the minority party Joined
In this adverse report Seven Demo-
ccrats and one member of the minor
ity party favored the bill and did not
sign the report. The report of the
committee stands alone, unanswered
BY any minority report. Whatever
criticism may be leveled against the
temper OF the report of the commit
Tee, the simple truth remains that
the statement OF fact and argument
marshalled in the report are unan-
ewered, so far as the Senate Judiciary
Committee is concerned and the coun-
try has rightly concluded that the
facts stated and arguments advanced
are unanswerable
On July 6, 1887. there was intro
duced into the Senate the Logan
Hatch substitute. Upon that substi-
fute. so-called, debate in the Senate
u now In progress. Notwithstanding
the positive statement, made upon the
considered Judgment of the distin-
gushed chairman OF the House Ju-
dietary Committee as late as the 18th
day OF the present month that the
bill could not receive favorable con-
slderation by the House committee
and should be laid aside; notwith-
standing the judgment Of informed
men and women throughout the coun-
try that the bill and the so-called
substitute, or indeed any substitute
which carries with 1t the vital in
hrmities and obvious threats 50
clearly pointed out in the hearing
before the Senate Judiciary Commit
tee and the press of the country.
should now be withdrawn, the pro-
pon<nts OF the bill in the Senate an
nounce their purpose to carry the
Eight TO the bitter end.
Van Devanter Not Replaced.
II, at any time, defense of the
original or substitute bill might have
been made, certainly that time has
passed. Since the introduction OF the
original bill, the Congress has au
thorized the retirement Of Justices
ol th~ Supreme Court and justice
OF that court has retired. HIS place
has not been filled. Also. the Supreme
Court has sustained the social s.
curity act and has upheld the labor
relations act These decisions and
the legal and constitutional princi-
piss upon which they are predicated
demonstrate beyond the peradventure
OF doubt the futility and uselessness
OF further consideration of the bill
now before the Senate. Nevertheless,
e1nce We are warned that the fight
must go on to the bitter end regard
less OF consequence. we must assume
that the consequence to the solidarity
OF the party in power and to the
country has been subjected to that
same scrutinizing care which pre-
ceded the sudden springing Of the
original court bill upon the American
people.
A brief analysis OF the important
provisions of the substitute now be-
fore the Senate is necessary 1t pro-
videe for the reorganization Of the
Supreme Court. The size OF the Su-
prer1s Court shall be fixed at nine
Al introduced, the substitute gave the
power to the President, In his dis
cretton, to increase the number OF JUS
tices OF the Supreme Court by the ap-
pointment of new justices at the rate
OF one each calendar year for every
justice who has reached the age Of IS
and failed to resign. or retire After
tho appointment obEeuch additional
justices. no vacancy caused by the