Evening star., 1937-02-11

the views of the individual justices
of the high court on this subject, but
1t Is known that there was consider
able disappointment last year among
Federal judges generally when SINH
lar bill failed of passage.
Also it has been a matter of deep
regret among Federal judges that
Congress, although assuring life PEN
sion, has seen fit to take it away at
will. Thus, after Justice Oliver Wen
dell Holmes resigned, the Congress
permitted him to draw full pay until
the economy wave came along and he
had his pay cut in half. 1t so hap
pens that the late Justice Holmes
was man of means, but the signifl-
canoe of the incident was not lost on
his brethren of the court. Supreme
Court justices are not wealthy men
as a rule, and when they retire they
are much too old to go back into some
active work, and they hesitate to go
into the practice of law.
Permanent Provision Impossible.
It will be promptly suggested that
Congress ought to make the full pay
provision permanent, but no session
of Congress can bind a succeeding
session. Permanency is thus assured
only for about two years at time.
One proposal that has been ad-
vanced is that Federal judges be kept
on an inactive list, subject to call for
occasional work, and thus they would
remain Federal judges within the
meaning Of the Constitution, which
provides that compensation to Fed
eral judges shall not be diminished
for life. In other words, Congress,
once it fixes judges pay, is able TO
increase, but not diminish, the salary.
If the bill which has Just passed the
House should be adopted by the Sem
ate, which seems certain to happen,
then it would not be surprising if
at least two members of the Suprem,
Court of the United States over 10
years of age would retire.
Might Halt New Proposal.
In such circumstances, Mr.. Roose-
velt would have an opportunity to
appoint two new justices conforming to
his liberal" views of the Constitution.
Perhaps, if the Senate confirmed his
selections, the present proposal to
enlarge the Supreme Court to Is
might then be abandoned by Mr..
Roosevelt.
Such a compromise is talked about
In the corridors of Capitol Hill on the
theory that Mr.. Roosevelt would be
able to turn the balance of power in
the court to his side. From the stand
point of the conservatives, it is being
argued that even the addition of two
justices of Mr.. Roosevelts selection is
better than 15-judge court because
of the unwieldly nature of such a
number.
1t will be remembered that seven of
the nine justices who voted unani-
mously against the N. r. A. would still
be on the bench, and if an issue of
that kind arose the addition of the
Roosevelt Justices" it is presumed,
would not mean decisions disturbing
to the precedents hitherto established
by the court.
Confirmation Vote Required.
Would the Senate confirm political
Judges? If man like Senator
Robinson of Arkansas, the Demo-
cratic leader, were appointed to a
vacancy under the present law, the
chances are he would be confirmed
without any difficulty and many con-
servatives feel he would uphold the
high traditions of the court once he
left the political atmosphere of the
Senate.
Opposition to the Presidents plan is
growing rapidly, hence the belief that
the retirement bill just passed by the
House may expedite settlement OF
the issue in the form of a shelving of
the enlargement plan the moment two
Supreme Court justices take advantage
Of the ful!-pay retirement law.
tCopyright. 1879