Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-05-11
bRANDE|S REFUSES
RUMOR COMMENT.
Van Devanter Says Report
He Might Retire Is
News to Him.
BY G. GOULD LINCOLN.

Rebirth Of reports that Associate
Justices Brandeis and Van Devanter
would retire at the close Of the present
Supreme Court term stirred new in
terest today in the contest over the
Presidents judiciary program. JUS
tice Brandeis is the oldest member of
the court, 80, and Justice Van De-
vanter is a close second in point of
age, 10.
Tho rumor is to the effect that they
will take advantage Of the recently
enacted law authorizing voluntary re-
tirement Of members of the Supreme
Court at 10. after 10 years service on
the bench. There has been no state
ment whatever from the justices
themselves, although it is also ru-
mored that announcement Of their re-
tirement may be made when the court
meets next Monday to hand down
opinions. The following day the Sem
ate Judiciary Committee is to vote on
the Presidents bill.
Justice Brandeis declined today to
make any comment on reports that
ne planned to retire when questioned
by the Associated Press
News to Van Devanter.
Justice Van Devanter, commenting
on reports that he might leave the
bench, said:
ITS all news to me don't know
anything about it."
members of the court has been posi-
bility for some time. There are six
over 10. Opponents of the Presi-
dents bill said today they believed
the retirement of the two justices il
such retirement materialiZes would
make 1t even more difficult for sup
porters Of the Presidents bill to get
ever they added that they hoped none
OF the justices would retire while the
bill was pending. They insisted the
measure should be defeated on its
lack of merit.
The arrest Of two officers of the De-
lenders, Inc, in Philadelphia last
night, just before mass meeting at
tackled the Presidents court bill, was
the subject Of wide comment at the
Capitol. The meeting was held under
the auspices of the Defenders, Inc
The charge against the two officers, L.
M. Bailey, national director, and j. B.
Carr1gan. vice president, both of New
York, was that the organization had
solicited funds In Pennsylvania with
out State permit
Meeting Held Anyway.
Senators Gerry of Rhode Island,
Copeland of New York, Bailey OF
North Carolina and McCarran of Ne
vada addressed the meeting, which
was held despite the arrests. Op-
ponents Of the court bill said it looked
as though the supporters were getting
'jitRry."
Senator Burke of Nabraska, q men,
Der of the Judiciary Committee and
strong opponent OF the court BILL
said today he had discussed with sew
eral members of the committee his
proposed constitutional amendment
providing for voluntary retirement of
justices Of the Supreme Court at 70
and compulsory retirement at IS; for
a fixed number of Justices Chief
Justice and eight associate justices
and making To votes in the court
necessary to hold law unconstitu-
tional.
Burke said he had obtained IA
vorable reaction. There was some
opposition to fixing the number of
the court, he said. Congress always
has had authority to change the num-
Der of justices and has exercised the
power six or seven times in the past.
Senator Burke insisted, however, that
the number should be fixed by the
Constitution or else a situation SIM
liar to that of today might arise again,
with . demand made to pack" the
court.
Committee Hears Andrews,
The Judiciary Committee today
heard Senator Andrews Of Florida,
who spoke in support of a bill and
an amendment to the Constitution,
offered as substitutes for the Presi-
dents plan. The Andrews constitu-
tional amendment provides for vol
untary retirement of justices at 10
and compulsory retirement at U.s. 1t
also provides that the court shall
be composed OF Chief Justice and
associate justices from each of the
judicial circuits OF the United States.
Under present conditions, this would
mean a court of IL members
Andrews amendment also provides
that only natural-born Americans
shall be appointed members of the
Supreme Court. The bill is similar
to the proposed amendment.
Senator McAdoo Of California will
appear before the committee tomor-
row In support Of substitute he has
prepared.
Final Vote in Week.
The committee will vote a week
from today on whether to recommend
the Roosevelt bill to the Senate. At
present q majority Of the 10 COM
mittee members opposes both the bill
and any compromise.
Senator Burke in radio address last
night said constitutional amendment
would end 1.-THE bitter struggle that
otherwise will rage on indefinitely"
The bill, he declared, has brought
Congress to a virtual standstill and
has retarded recovery because of
uncertainty and fear.
Burke spoke in the National Radio
Forum, arranged by The Star. The
full text of his address appears on
page Bio.
Highhghts from the speeches of the
Tour senators who spoke in Philadel-
phia follow:
Copeland: THE President doex not
allay suspicion of dictatorship when
he refers to 'three-horse team
which he would make pull together.
giving us to understand that he
would crack the whip over all three
branches Of government"