The Bismarck tribune., 1937-06-14
PRESIDENTS BILL
BRANDED NEEDLESS,
futile, DANGEROUS
Seven Democrats and Three
Republicans Recommend
Rejection Of Measure
FINALLY REACHES FLOOR
Opponents Threaten Filibuster
II Proponents Attempt to
Modify Act

Modty ACT
Warrington, June Il -(R- Thf
senate judiciary committee recon-.
mended rejection Of the Roosevelt
court bill in blistering language
Thursday, branding 1t = needless,
futile, and utterly dangerous aban-
donment of constitutional principle
1T should be 50 emphatically re-
jected that its parallel will never
again be presented to the free repre-
sentatives Of the free people Of Am
erica" said the report, signed BY
seven Democrats and three Repub-
ucans.
The 10,OO0-word report echoed vir-
tually all the objections raised to the
measure in seven weeks Of hearings.
It said the bill would not accom-
plish its purpose. would destroy the
Independence Of the judiciary. and
would make the government zone Of
men rather than one Of law"
Fear Capitalization
TT contains" the majority said,
'the germ Of q system Of centralized
administration Of law that would en-
able an executive 50 minded to send
his judges into every judicial district
in the land to sit in judgment on
controversies between the govern.
ment and the citizen"
As the controversial measure IL
nally reached the senate after
more than four months Of nationwide
debate. administration senator's said
they virtually had abandoned ~
proposal for adding five new judges
to the supreme court at once.
They were trying instead to work
out q compromise whereby adeeU
justices could be augmented q ~
placed at the rate Of ono . year. o.
ponents, however, declared they
would filibuster against any 1noM'
fled proposal.
Submission Of the committes1 re-
port made 1t possible to call up the
bill for debate at any time. but
leaders gave no indication when thy
might do 10. They were expected A
walt at least until the senate passes
the relief bill.
No Minority Report
The eight members Of the judiciary
COMMITTEES who voted for the bin DID
not submit minority report
Senator Hatch Oem. N. MI
signed the majority report, but said
In . separate statement that the
arguments were against the BILL ~
its present form.
Never before has q Roosevelt bill
come from COMMITTEES with such .
as the committees re-
port. Il was prepared chiefly by three
nemocrats-senators King Of Utah,
NcCarran Of Nevada. and O'Ma-
honev a. wyoming.
Thev recommended rejection Of the
,ill for these "primary reasons:
"rhe hill does not accomplish any
me of the obiectiyes for which 1t
vas oripinallv offered.
sApulies Force
1T applies force to the judiciary
md IN its initial and ultimate effect
would undermine the Independence
Il The courts.
ut violates all precedents In the
history of our government and would
n itself be q dangerous precedent
or the future.
ut tends to centralize the federal
district judiciary by the power Of as
Iieninr Judges from one district to
.nother at win.
Attackine President Roosevelt's
nessaee Recommending the bill. the
enators said:
at should be pointed out here that
substantial portion Of the message
nd deyoted to . discussion Of the
.vils 81 cnnflictine decisions by In
erior co,,rts on constit,itional u,,es-
ions and to the alleged abuse Of
he power Of Injunction by some Of
he federal courts
CITY Lax of Reference
@These matterx. however. have no
,earinr ON the bill before us. for Il
ontains neither = line nor 4 Sentence
lealinr with either of these nroh-
ems"
Thev described the bill As total,
nadenuste" to meet any of the othe,
,biectives ~ thu nresident ma de-
lied that n would relieve coneestinn
q the co,,rts
The renort opnosed the bills uro.
,ision for assier1ine Judges to crowded
'istricts instesd Of ieeislattnR direct
' to provide more Judges where
'eTTsu' T.rs r.nor+ turning n II. rr..,.