The Washington times., 1937-03-22
HUGHES FLAYS
PRESIDENTS
COURT PLAN

Continued from Page II
ton 1 of the Constitution that
the judicial power of the United
States shall be vested lin one su-
preme court and in such infe-
rior courts as the Congress may
from time to time Ordain and
establish. The Constitution does
not appear to authorize two or
more supreme courts or two or
more parts of a Supreme Court
functioning in effect as separate
courts"
Then the Chief Justice added:
"On account of the shOrtness
Of time, 1 have not been able to
consult with the members Of
the court generally with respect
to the foregoing statement, but
1 am confident that it is in
accord with the views of the JUS
tees. 1 should say, however,
that I have been able to con-
suit with Mr.. Justice Van De.
vanter and Mr.. Justice Brandeis,
and I am at liberty to say that
the statement is approved by
them"
The Chief Justice declared
several times he would not com
ment upon the policy" OF the
presidential plan.
Court Up in Work
He said the court is current"
in it's work. boasting that when
we rose on March Is for the pres
ent recess, we had heard argu'
ment in cases in which certiorari
had been granted only four weeks
before-February 15." He added
the court has heard argument on
the merits in $50 cases (180 mum
bers) and we have 28 cases (3O
numbers) awaiting argument"
Then, answering the Admins
tration charge that the court re-
fuses to hear many cases, Hughes
pointed out that the Supreme
Court hears some cases on appeal
as q matter of right" and others
on petitions of certiorari-in
which the court can use its discre'
ton. In the present term, he
added, the court has disposed OF
666 cases.
Pointing out that Congress itself
laid down the rules under which
the court acts on writs Of certio
rari, Hughes added:
'No single court Of last resort,
whatever the number of judges,
could dispose of all the cases
which arise in this vast country
and which litigants would seek
to bring up if the right Of appeal
were unrestricted.
ghosts Of Iitigants will take
appeals so long as there is a tri-
bunal' accessible. In prOtracted
litigation, the advantage is with
those who command a long
purse"
The Chief Justice declared writs
of certiorari were granted only for
merit" and on sound judicial dis
cretion." He said neither the i'm.
portance of the parties nor the
amount of money involved con-
trolled the courts action.
Letter Put on Record
When Wheeler finished reading
the letter, Senator Dieterich Cd
of Illinois attempted to bar it from
the records of the committee.
Senator Burke CD of Nebraska
called attention to the fact that
statements of advocates of the
plan have been read into the record
by other witnesses. Senator Ash
urst CD of Arizona, chairman of
the committee, ruled that the let
ter is evidence" and should be a
part of the record.
A huge crowd jammed the com
mittee room to hear Wheeler.
The Montana Senator, who was
for President Roosevelt before
Chicago" and consistent sup
porter, expressed regret that he
had to "differ with the President
on this great fundamental issue
He told of his cordial relations
with the President, adding:
"But frankly, was shocked
when I read the Presidents pro-
gram"
He pointed out that many liber,
ais of advanced age have not "lost
touch with the times" He named
the late Justice Oliver Wendell
Holmes, Justice Brandeis, Senator
Borah, Senator johnson and Sen
ator Norris, all men over 10.