The Waterbury Democrat., 1937-02-05


tradicted.
I also recommend that the con.
or.s, ,,-o,,,d. ,,,ao,,,,.-u Co. eat
80 $1,000 ..~SeS -01 1"
e =. cU1un " WIS
ing congeStlon IN the lower courts.
Inc supreme court snouid DC CIV
en- power 70 appoint an aominis-
tI1tlve aSslStant VINO may DC
csIieo a proctor. ne would De
charged with the DUTY OF watch
ing tne calencars ana tne DUST
ness OF an the courts N tne led
etaI system: Inc cniel Just'ce
tneIeupon Snoulo DC autnorizeo 70
make q temporary assignment Of
any circuit OF oAstt1ct !uoee mere
a1ter appointed III oroer mat ne
may serve as long as needed m
any circuit OF olstrlct Wnere the
courts are III arrears
I attach q carefully conSid-
cred draft Of q proposed bill,
which, II enacted, would, am
am confident, afford substantial
relief. The proposed measure
also contains q limit on the total
number Of judges who might thus
be appointed ana also a limit on
the potential size OF any one Of
our federal courts.
These proposals do not raise
any issue OF constitutional law.
They do not suggest any form Of
compulsory retirement for incum-
bent judges Indeed, those who have
reached the retirement age, but
desire to- continue their judicial
work, would be able to do so UNI
der less physical and mental
strain and would be able to play
a useful part IN relieving the
growing congestion In the bust
ness OF our courts. Among them
are men OF eminence and great
aplhty whose services tne gov
efnment "ouid De ioatn 10 lose.
II, on tne ot1er nano' any !uoge
ehgiDie 1or retirement Snoulo zee!
tnat ms court "ouIo surfer De-
cause OF an increase III us mem
oersnlp. ne may reteire OF resign
unoer afeaoy exsting Provis'ons
Oh Ia" ne wished so 10 40. In
tnls connectlon let me say tnat the
penang propose! 70 extend 70 tne
JUSTICES OF the supreme curt tne
same retIrement privileges no"
aValiao!e 10 otner 1eoeral JUDGES
mas my entlre approval.
One further matter requires
immediate attention. we nave
Witnessed the spectacle OF con-
1nctlng decisions IN potn tr'al ana
appeAate courts on tne consul
tutlonanty OF every form OF I'M
portant legislation. SUCH well
ter OF uncomposed dllferenceS OF
judicial opinion has Drought the
Law. the courts, and indeed. the
entire administration OF JUSTICE
dangerously near to disreputc.
A federal statute Is held legal
by one Judge in one district: 1t Is
simultaneously held illegal by an
other Judge in another district. An
act valid In one judicial circuit
is invalid in another judicial cir
cult. Thus rights fully accorded to
one group Of citizens may be de-
MED to others. AS a practical
matter this means that for periods
running as long as one year or
two years or three years-until
final determination can be made
by the supreme court-the law
loses its most indispensable ele-
ment-equalfty. .
Moreover. during the long pro-
cesses of preliminary notions, orig
inal trials, petitions for rehear-
ings, appeals, reversals on TECH
nical grounds requiring re-trials,
motions before the supreme court
and the final hearing BY the high
est tribunal--during all this time
labor. industry. agriculture, COM
merce and the government itself
70 through an unconscionable pc
Rod of uncertainty and embarrass-
ment. And 1t Is well to remember
that during these long processes
the normal operations OF society
and government are handicapped
IN many cases by differing and
divided opinions IN the lower
courts and by the lack OF any clear
guide for the dispatch Of business.
Thereby our legal system Is fast
losing another essential OF justice
certainty.
Finally. we find the processes of
government itself brought to a
complete stop from time to time
by injunctions issued almost auto
rnatically. sometimes even without
notice to the government. and not
infrequent)y In clear violation OF
the principal Of equity that in
functions should be granted only
In those rare cases Of manifest
illegality and hreparable damage
against which the ordinary course
Of the law offers no protection.
Statutes which the congress en-
acts are set aside or suspended for
long periods Of time. even In cases
to which the government Is not a
party.