Evening star., 1937-08-01
TEST
ON COURT IS SEEN
Attempt to Obtain Record
Ballot on Enlargement
Plan Indicated.

An attempt may be made to obtain
a record vote in the Senate on the
| addition Of two more justices to the
Supreme Court when the judicial re-
form bill is taken up, it was learned
yesterday.
A similar attempt it was learned,
will, in all probability, be made on
the floor Of the House. In fact, it
| seems possible that through motions
to amend the bill as it has been
reported favorably by the Senate
Judiciary Committee the attempt will
be made to put the members of both
Houses on record on several alterna-
tive proposals for instilling fresh blood
into the judiciary.
Some of the more ardent advocates
OF increasing the size of the Supreme
Court, including several Of the Demo-
cratic freshmen" Senators, have
made it plain that they do not regard
themselves as bound in any way by
the agreement between Vice President
Garner and the leaders of the opposi-
ton to the court reform bill on
compromise" measure which makes
no provision for new judges anywhere
i'll the Judiciary.
Two Objectives in Mind.
They are disposed to force the issue
with two objectiveS in mind: First,
to put on record colleagues who man
aged to stay on the fence throughout
the judiciary fight, and second. to
show that, despite all reports to
contrary, q sizeabie group Of Senators
are genuinely in favor Of enlarging
the court and that agitation on this
issue will not come to an end with
enactment Of the present bill dealing
with procedural reforms
There is hardly a shadow OF
doubt that any amendment proposing
TO enlarge the Supreme Court would
be rejected by the Senate. Several
of the Democratic leaders who stood
with the President in his unsuccessful
fight probably are bound by the agree
ment to a compromlse-althoug the
number Of Senators who assented to
that agreement seems to have been
very small. Other Democrats inter-
ested in party harmony and never
too enthusiastic about the court bill
might vote against amendments to
the bill, however, with the explana-
ton that they felt bound by the
agreement. But most Of the mem
oers of the Senate unquestionably re-
main free Of any obligation, moral
or otherwise. And persons close to
the President, when asked about the
matter, have indicated that the Presi-
dent is in no way committed to the
compromise worked out by Vice
President Garner. In fact, close as
sociates of the President have been
accusing the Vice President of ne
gotiating a complete surrender" when
he was authorized to negotiate q
compromise
Attitude Of President.
Whether the President would like
to have the Senate forced to record
vote on enlarging the court under ex-
istlng circumstances is open to con-
lecture. 1t is assumed that his at
titude would depend largely on the
probable outcome in votes. II, at
this late date, after the fight has
been dropped by Democratic party
leaders and an agreement has been
struck in the Judiciary Committee, a
proposal to enlarge the Supreme
Court should receive even as many
as 80 votes, the White House should
not be embarrassed by the test. in the
opinion of those who are considering
forcing the issue On the vote to re-
commit the Hatch-Logan compro-
mise there were 20 negative votes cast
even though Senator Alben Barkley,
majority leader, and other party lead
erS voted in the Affirmative
Some of the Democratic 'fresh-
men who openly supported the
Presidents court reform plan and
remained loyal to the end are known
to be especially resentful of the &C
ton of group of their colleagues in
agreeing to vote to reconlmit the bill
thus avoiding an open stand on the