Evening star., 1937-10-09

law providing that II 4 Supreme
Court justice is more than 10 years
old and has served 10 years. he can
resign and receive full pay for life.
Bear in mind that the word In this
old law is resign" Under this law
the late Justice Oliver Wendell Holmes
| resigned in 1882 and for 4 time re-
ceived full pay. which was $4,000
year. In 1898, however, Congress
passed the emergency economy act"
which provided that no pension should
he more than $4,000 year. Justice
Holmes pension was thereupon re-
duced.
1t WAS felt that this condition WAS
unfortunate. 1t was felt that a JUS
tice should not be put in the posi-
ton of resigning with the expectation
of receiving full paw and thereafter
seeing a future Congress reduce the
amount, or perhaps wipe it out. Con-
eress set about writing a new statute
which would make the pension OF 4
resigned justice irrevocable.
To accomplish this Congress in
vented new category Of justices
designated retired justices The
word retired" Is important as dis
tinquished from resigned" Congress-
setting up a category Of retired" JUS
tices. provided that after q justice
Ia 10 and has served 10 years he
may retire" with full pay for life
In order to make clear that the status
OF the justice would be that of re-
tirement and not Of resignation. 1t
was provided that the retired justice
should be available for any duties he
might be called on to perform by the
chief justice. such as presiding over
circuits throughout the country The
purpose OF giving justices the status
Of retirement. of still having some
kind of connection with the court,
was to bring them within that pro-
vision OF the Constitution which SAYS
that the compensation OF Justices
shall not be reduced during their
continuance in ONCE" The purpose
WAS to make it impossible for any
future Congress to reduce the pension
Of 4 retired justice.
Two Questions Raised.
After this statute was passed. after
Justice Van Devanter retired in ac-
| cordance with its provisions and after
President Roosevelt sent the name OF
Senator Black to the Senate AZ ap-
pointee to the vacancy-after that
two questions were raised about Sen
ator Blacks eligibility. One question
arose from the fact that Mr. Black
had been a Senator. The question
recites that Mr.. Black was member
OF the Senate at the time the Senate
passed the measure setting up = cate
CORY OF retired justices and giving
them full pay for life. This fact is
alleged to bring Mr.. Black under that
prohibition Of the Constitution which
says that mo Senator shall = b.
appointed to any civil once
which shall have been created or the
emoluments whereof shall have been
increased" while he WAS a Senator.
This objection to Mr. Blacks title
to his seat as A justice would seem to
have some validity. The act which
biIC ctfIhk Ph-SSCu Wilfc MI blatk
was A member Of it did increase the
emoluments" Of justices of the SUI
preme Court. It increased their
emouments by giving to them
privilege they had not had before.
the privilege OF retiring and being
guaranteed full pay for life The privi-
leee had pecuniary value-there is
money value in any right to receive
= stated amount of money avery year
until death. Any life insurance sctu-
ary familiar with annuities would be
able to figure out the exact money
value for any justice Of 4 given age.
The other question about Mr..
Blacks title to his seat in part alleges
that Congress has no right to set up
any such category AZ a retired" JUS
tice. II asserts that, by the provision
OF the Constitution. a Justice must be
either an active one in full exercise