The Waterbury Democrat., 1937-02-05
S1veepi1,g Reform or
 Courts or Justice
Continued from Page D

previously advised as to the purport of the plan-promised thorough and probably favorable consideration of the plan.
 Speaker of the House William B. Bankhead described it as a sound principle" for judicial reform and prophesied the house would act upon the program after extensive hearings, probably with few modi- f1cations.
 Speetlier Justice
 In support of his legislative pro- gram for increasinng the member ship of the supreme court, MT. Roosevelt asserted that:
 "The attainment of speedier jus tice in the courts below will en- large the task of the supreme court itself and still more work would be added by the recommendation which I make later in this message for the quicker determination of constitu- tional questions by the highest court"
 He pointed out that there was nothing new about proposals for in- creasing the number of supreme court justices.
 Tn almost every decade" he said, since 1789, changes have been made by the congress whereby the num- bers of judges and the duties of judges in federal courts have been altered in one way or another.
 Started In 1789
 "The supreme court was estab- lished with six members in 1789; 1t was reduced to five in 1901; it was increased to seven in 1907; it was in- creased to nine in 1887; 1t was 1n- creased to ten in 1863; it was re- duced to seven in 1866; it was in- creased tv nine in 1869."
 MT. Roosevelt said the supreme court was already laboring under difficulties due to the heavy press of litigation.
 "It seems clear" he said, there fore that the necessity of reliev- ing present congestion extends to the enlargement of the capacity of all the federal courts.
 "A part of the problem of obtain ing a sufficient number of judges to dispose of cases is the capacity of the judges themselves. This brings forward the question of aged or in- firm judges-a subject of delicacy and yet one which requires frank discussion"
 MT. Roosevelt pointed out that in "exceptiona. cases, of course, judges, like other men, retain to an ad- vanced age full mental and physical vigor. Those not so fortunate are often unable to perceive their own infirmities."
 The results of this infirmity, MT. Roosevelt described as leading "men to avoid an examination of com- plicated and changed conditions" New Facts Blurred
 Little by little, new facts become blurred through old glasses, fitted as it were for the needs of another generation; older men, assuming the scene is the same as 1t was in the rast, cease to explore or ir- quire into the present or the future.
 "A constant and systematic addi- ton of younger blood will vitalize the courts and better equip them to recognize and apply the essential concepts of justice in the light of the needs and the facts of an ever- changing world"
 MT. Roosevelt's address was frank ly critical of present conditions on the judiciary and in many passages observers read scarce-veiled criti- cism of the reaction of the courts in declaring unconstitutional many new deal acts.
 Of delays in court, MT. Roosevelt said:
 "It makes lawsuits luxury avail able only to the few who can af- ford them or who have property in- terests to protect which are suff1- cientlv Ia tn reDav the c0St