The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1937-02-11
NEWSPAPERS OPINIONS
SPEcIOuS PREMISES


,hesfedera! Cpur,s is simply TOO shrewd. Sec:ad
reading Of this astonishing state paper -en:oEcss
the krs, feeling ina, j, was oye-plsgsib!e. This
impression is strengthened ore examines some
Of The premises on which IS based ne adrc! scheme
for packing the Supreme Court.
Practically everyone. Of course, Is :o- speeding
% the processes OF justice Relieving congestion =
court docke,s and fastening :he decision Q: co-s:;
tut;onal questions As genera::.es these haTe ~
mediate appeal. and ere message leaves a. easy
assumption ,ha: the implied criticisms apply 20 'hs
Supreme Court as well as 20 re inferior fedora.
c9Srts.
But DO they? What are TIE facts:
STANLEY Reed. United States Solicitor General.
reported last month that in the Jas; e.. ;s-r q:
IN 2upreme Court every case argued o. submit
tet-at the term was disposed Of before adjourn
m hi" OF the 90 cases carried over 20 the pIesen:
&c IN one half had been docketed within month
Of ne close Of the previous term and only two ha6
been on the docket more than three months. So
actually the justices are remarkably well Up with
their work.
The President implied that there was denial o:
justice because the Supreme Court in the last fiscal
year refused to hear III Of the s5T cases present
cd 70 il on applications for wrts OF certiorari
Again. what are the facts? This procedure Of en-
ablng the Supreme Court TO keep control OF It's
own docket BY declining 70 hear cases which j:
finds on preliminary examination 10 have been fair
IL tried in the district and appellate courts E one
of the chief mechanisms approved by liberals IN
the study of judicial procedure for the SpeeGey sd
ministration Of justice.
Actually quicker justice is on the side az the
present procedure. When litigsr: has been
through the district and circuit courts and Wit
Of certiorar is then refused by the Supreme Court
the case is closed. He has had the decision %
district judge and three appellate judges and e
knows their decision is final. Would !: hasten JUS
tice for the Supreme Court 20 90 through weeks %
hearings and consultation before telling him :5s:
Limitation of frivolous appeals is one Q; zee major
steps gained in Speeder administration o; justice,
and 10 kick il away would De strange reform.
Where Mr.. RooSevelt's Recommendation ;o- sd
ditional judges TO supplement those oeyo2t retire
ment age seems most reasonable Is u sns i-fs-io-
federal courts, especially ,he district courts. Ysc
even there. Franklyn Wa,tmar points out in ths
Washington Post that vacancies exist cow in Eve
federal district juGgeshirs which rSGtt De Sled
more promptly If court congestion = pressing
problem 20 the Administration. Four OF these were
created by Congress last June 20 facilitate business
IN Kentucky. Missouri. Oklahoma and West Viz
GINA, but appointments have not gee been made.
Political rivalries have kept two posts the in-
diana IRnois-wiscorsin circuit untitled for nearly
year.
In the case Of New York State. Congress Great
ed additional iudgsship early in 1885. but no
appointment was made until \ year later. when
two more iudgeShpS were created and the positions
reputedly divided between endorses vi three pc
Htical factions Patronage sauabbleS often hold ny
such appointments Is the delay Of justice any less
serious when oecasioned by the msneuvering OF
politicians for plumss
Another premise in the message is belied by the
proposed legislation which accompanies il. II add
tional appointees 20 the Supreme Court are merel,
to assist supposedly supersnnuated members beside
whom they work. then there should be no need 4
make u further appointment when that older mem
Der finally does retire. The court shoaid ahrin'
back to its original numbers. and this was the I'M
preston gained by many newsmen at the presi
denta conference. Yet the draft legislation spsei
Rcally provides that each increase IN the nan'be
II the court shall be permanent,
The effect Of this increase IN numbers might b
10 hamper rather than expedite the work OF th'
highest tribunal Unless the eoph sh"uld be bro
ken up into divisions all papers Would have q" e.
around "a rs judges instead % nine, The tact
that such an increase might easily became pfsee
dsnl for fsflhsf expansion sRd the tribunal ~0ui'
bsgin o. isss lie character as falst, hse6mi"l
instead . Kind IT additional dsiitsfsiiFs tHdg,
Delay 10 sbg s.sr results 10 injustice" say
tfssiasst Roosevelt bslsss ~ svamsiaa ag'
srisiAst ssp,sms ce.tt vim Bss gsmEs.s fss pa
i'iSsi tsSbesss ssa Making its processes H,aFs eG#
ss,sa14 rss!a - - sSestt's.. = Esisiisa seieRe
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