The Waterbury Democrat., 1937-03-10

M A3W T WY W ~"NF@--~~~~ - USHn1leluts have complained of the 1efects of our judicial system and have sought to find remedies. Surely AIi thoughtful perBons desire cone Btantly to Improve our institutions, to adapt them to OUT needs as time advances, and to secure the best government that intelligence and wisdom can provide.
 sWhat we differ about, if we differ e all, is the means of accomplishing the purposes we hold in common. That our judicial processes and the administration of justice are in need of improvement b hardly open to debate.
 'sT'he presidents plan rests upon four pillars, based upon the follow
 SThe impossible situation cre- ated by the reckless use of injunc- tens in restraining the operation of federal laws.
 'srhe presence on the federal bench of aged or infirn judges.
 'sThe crowded condition of the federal dockets, the delays in the lower courts, and the heavy burden imposed upon the supreme court.
 'sThe need of an effective system for the infusion of new blood into the Judiciary.
 "Ail of these matters are inter- related, inter-woven, and interde- pendent. Moreover, they are part of the general problem of improving our democratic processes.
 'aThe president, In his message of February fifth, called the attention of the congress to the fact that the processes of government are brought to complete stop from time to time by injunctions issued almost automatically and continued in effect while counsel maneuver, debate and appeal.
 Uncertain state of Laws
 'srhis situation arises in part from the uncertain state of our constitu- ti0nal law. Tn part, the condition is due to the failure of judges to exercise care, discrimination, and 6elS.restraint in the use of this dras- tic remedy.
 Since the Civil war attention has been turned from time to time to the problem of the aged or infirm judge.
 "In 1889 the house of representa- lives passed measure requiring the appointment of an additional judge to sliy court where a judge of retire. fnent age declined to leave the bench. It failed in the senate. This is the same remedy proposed by President Roosevelt today. I. "All that is required 0or social and economic legislation) is an en- lightened interpretation of the con- Stitution.
 Some Not Impressed
 sof course, there are those who are not impressed by the need of these reforms. There are others, and I dare say vast majority, who recognize these needs and hope to Ineet them.
 T submit that the presidents plan is tllc most effective remedy that has been suggested It aims at the resto- ration of the full legislative power so that the congress may perform It's constitutional function. What We desire to avoid is n tortured con- StEUction of the constitution
 sour governmental machinery has gotten out of balance and that bal aricc must be restored before 1t can effectively function"
 First COngPeNeiOnn1 Ri0w
 Enc attorney generals testimony in the crowded, marble -columned senate caucus room, was the admin istrations first congressional blow in the campaign formally launched by President Roosevelt in his radio appeal for public support of his su- preme court enlargement plan.
 Cummings sat in front of the long table at which the evenly divided members of the Judiciary committee sat under chairmanship of Henry F. Ashurst, democrat, Arizona.
 Among those he faced, were such leaders of the opposition as Senator Edward R. Burke, democrat, Ne. braska; Senator Frederick Van Nuys, democrat. Indiana; and Senator William Y. Borah. republican Idaho. But the most active foe of the plan, Senator Burton K. Wheeler, demo- crat, Montana, was enroute to Chi- cag0 where tonight he will answer the presidents appeal in Q nation- wide radio speech.
 Need Flexible system
 we not only need more judges but we also need @ flexible system" 1" Cummings said.
 "Our laws already provide, under certain limitations, for the special assignment of judges to congested areas. This system is sadly in need or renovation. It is haphazard and unbusinesslike. There should be one responsible public official who works at nothing else. Hence the suggestion of a proctor, operating under the control of the chief jus tice and the supreme court.
 By limiting the number of cases heard, the court has been able to keep abreast of It's self determined docket. By thus inverting, as 1t were, the usual situation. the court hears and decides not what is pre- scented but only what 1t can handle.
 '"The question is not whether the court is up with the docket but by what means 1t keeps up with the docket; and whether the burden that it must sustain is too great to warrant the careful consideration to which these petitions are entitled and whether assistance. by the ap- pointment of additional judges, is indicated.
 Stupendous Task
 However, we may look at 1t, 1t is fl akllnef1dOig task.