The Waterbury Democrat., 1937-05-11

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 ity of the old age pension provi- sions of the social security program The ruling is expected next Mon- day.
 2. Senator Edward R. Burke democrat, Nebraska, opponent o1 the administration reorganization plan, proposed a compromise re- quiring retirement of justices at 7s and 2 to 2 vote to invalidate acts of congress.
 3. Four senators attacked the presidents program at Philadel- phia mass meeting sponsored by the citizens supreme court committed of defenders.
 Senate Leaders Anxious
 Senate leaders, meanwhile, out wardly were confident but privately were anxious over the fate of the judiciary plan. Senate judiciary op- position raised mighty hurdle Any resignation from the bench might become a precedent for others. Departure of even a single conservative justice probably would retire the Roosevelt court bill to the darkest corner of the most ob- scure senate pigeon hole. Justice Brandeis is 80, the oldest member of the court. Early in this session con- gross enacted retirement legisla- tion permitting justices to retire on full pay, $20,O0O, annually for as- SociateS.
 The United Press learned today of campaign to hold the court bill in senate committee pending court adjournment. Interested legislators said that strategy would avoid em- barrasSment for all concerned if the court problem ultimately is to be solved by resignations instead of legislation.
 Heard Weeks Ago
 The capital heard weeks ago that two or three justices had discussed retirement with their intimateS One or more were represented as feeling that enactment of guaran- teed retirement pay law would per- init them to leave the bench. But those discussions were prior to Feb ruary 5 when MT. Roosevelt startled congress, the court and the country with his plan to add six justices to the bench to supplant or assist the half dozen members who are 70 or more years of age.
 After that message reached con- gress, the capital heard that the justices-at least some of them were angry and would sit right where they were. Revival of resig- nation talk is judged to mean that there is hope among legislators that determination to fight it out from the bench is weakening among some of the justices.
 There were three associate jus tices usually identified last winter with resignation rumors. They were Associate Justices Willis Van De- vanter, James Clark McReynolds and George Sutherland, all of the anti-New Deal or conservative court bloc and all over 70 years of age.
 Past Seventy Mark
 Chief Justice Charles Evans Hughes who has divided his votes about evenly for and against the New Deal, and Associate Justice Pierce Butler, a confirmed anti New Dealer, also are beyond the 70 year limit suggested by President Roosevelt for judicial service.
 Brandeis' retirement and appoint ment of like-minded liberal justice would not alter the alignment of the court with respect to problems brought before it by the Roosevelt administration. But the opinion was expressed on Capitol Hill that if Brandeis resigned 1t might be less difficult for other oldesters who have opposed MT. Roosevelt to leave the bench.
 It appeared reasonably certain that any resignation which enabled MT. Roosevelt to replace . conserva- tive justice with liberal would just about end the proposal to ex- pand the court