The Waterbury Democrat., 1937-05-08
BEHIND THE SCENES SI
 WASHINGTON
@BV RODNEY QUICKER Democrat Washington
 Correspondent.

Compromise Seems Virtually
 Certain in Supreme Court
 Fight, With Likelihood
 Centering on Measure Mo.
 difying Presidents Pro.
 pOsal in One of Several
 Suggested Ways.
 Washington, May 8.-The field i: wide open for speculation as to the ultimate compromise which will end the controversy over the presi- dents supreme court plan.
 Although no red-hot dope is avail able for an accurate forecast, it i; possible to outline the area within which the game will be played That is to say, there are certain compromises already suggested from one side, and other compromises likely to be suggester by the other Between these is the virtual assur- ance that an agreement will be worked out sufficiently satisfactory all around to insure passage o1 some supreme court legislation.
 From the beginning nearly everyone articulate on the subject here has agreed that something should be done about the court, the Constitution or both, and now. perhaps, it is important to note that various compromise proposals have come from senators who have declared against the Roose- welt plan. Some senators com
 mitted to the plan have sought compromise, too, but the White House thus far has turned them down and has given no sign that it isn't certain of victory without compromise.
 From the opposition, the most liberal compromise proposal would permit Roosevelt to appoint two new justices to the court rather than six. It is generally believed here that if Roosevelt would agree to an arrangement giving him two or even three appointments, his bill could pass by 8 comfortable margin. Some opposition leaders in- sist this would be no compromise but just as outrageous as they con- slider the original proposal.
 
 One New Justice a Year
 It is also necessary to consider the compromise proposal of Senator Hatch of New Mexico, especially since Senator Burke of Nebraska an outstanding opposition leader says the Judiciary Committee is favorably impressed by it. Hatch would permit the President to ap- point new justice each calendar year as long as there were justices over 70 who failed to retire.
 Although no whisper of cOm- promise has come from the ad- ministration, logic compels the de- duction that it plans to bring out some proposal of the sort if only to pass its bill by better than a tiny ma jority. A compromise also would make various persons feel better. The first proposal will be designated as a face-saver for a few senators who might be willing to change their position or to declare one for the first time. If it doesn't "take," presumably there will be another, and it's not inconceivable that the eventual trade offered by Roosevelt will represent a major retreat rather than a pretense of compromise, as now planned, in which the President would make no actual ly important concession.
 The administrations logical first step toward compromise, consider ing its present frame of mind, would be in the form of a proposal for a sliding scale Supreme Court whose would in time dwindle back to nine.
 Might Get to Name IF
 The Roosevelt bill now provides for court whose justices would number nine plus a number equal to the number of incumbent justices over 70 years of age who do not re- sign before the President makes new appointments. Thus, if the bill passed and no one resigned from the court, the President would be able to appoint six justices and membership of the court. under present provisions of the bill would be permanently frozen at IS. Whereas, if the six justices over 70 resigned forthwith, Roose- welt would have six appointments to make and the size of the court would be permanently frozen at nine members.
 If no justices resigned, the President would have not only six appointments to make immedi- ateIy, but a possibility of six or more vacancies to fill by reason of resignation or death in the next three years and eight months. Inasmuch as five justices are now past their 18th birthday. it is not fantastic to suppose that the bill in it's present form, if passed, might in effect give Roosevelt the power to name 12 new justices before his term ex- pires.
 Thus the administration is in a position to compromise" by pro- posing that it be permitted to name only six justices during the present Roosevelt term, that a new justice be appointed for each one now over 70 who doesn't re- sign and that as the septuagena- rians subsequently, do resign there be no filling of vacancies until after the court gets back to its present membership of nine.
 Copyright, 1887, NEA Service, Incl