The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1937-02-08
-B BEHIND SCENES IN WASHINGTON
Supreme Court Reform F DR. S
Challenge To New Deal Foes
Saving Wagner
Act Is Key to
Situation
BY RODNEY BUTCHER
Democrat Washington
CORRESPONDENT

Correspondent
Washington, Feb. 8Here are the
chief angles of the inside story be-
hind Roosevelt's sudden recon-
mendations for revamping the SUI
preme court, the rest of the federal
judiciary, and certain phases OF
judicial procedure insofar as they
can be revealed at this time:
l. The presidential message
was rushed to congress at a cri-
teal moment in the General Mo-
tors strike, and, whether inten-
tional or not, 1t was so carefully
timed as to be an assurance to
labor and to the economic royal
lists that the New Deal did not
intend to permit its guarantees
of industrial democracy to be
torn to pieces by the supreme
court"
2-The president himself had
gradually evolved this scheme,
and finally went the whole hog
for it after reports had reached
Washington that his Wall Street
opposition was raising a war
chest to use in state legislatures
against ratification Of any conSti-
tutional amendment which would
curb any powers now asserted by
the court. The alternative which
he finally decided to drop was a
constitutional amendment proposal
which would have given Congress
a final veto over the supreme
court on questions of constitution
atty.
3-Justice Harlan Fiske Stone,
barring extremely unlikely acct
dent, will be the next chief justice
probably before the end of the
year.
According to secret calcula-
lions high in the New Deal,
Chief Justice Charles Evans
Hughes, Justice Willis Van De-
vanter and Justice Louis D.
Brandeis will promptly resign if
congress votes to permit Roose-
welt to appoint an extra federal
judge for every sitting federal
judge over 10 years old. 1t is be-
lieved that Justices Sutherland
and Butler would soon feel COM
PEELED to follow them.
New Dealers think Justice Nc
Reynolds, bitterest and most i'm
placable foe of progressive legis-
lation, would stick to the bitter
end.
Thus, the only liberal resigna-
ton would be that of Justice
Brandeis the oldest member, at
80 years. The five conservative JUS
tices eligible for retirement have
refused to quit.
administration leaders feel
tremendously reinforced from a
strategic standpoint by the fact
that McReynolds himself, as at
torney general, urged appointment
of an additional federal judge to
serve with each one who refused
to retire at 70, that the late
Chief Justice Taft urged automa-'
tic retirement at 70, and that
Hughes has written in favor of
retirement at 75-an age he will
reach in April.
6-Chief danger to the admin
istration proposal will be found in
the senate, where many supreme
court ambitions bloom. The pros
pect of six possible jobs from
which the occupant, after few
years service could retire for
life on $4,000 a year is of course,
certainly attractive.
Came Without Warning
Details of the histroic Roosevelt
while in preparation, were
rs carefully guarded a secret as was
ever preserved in Washington.
The president had been studying
the possibilities of charging the
court for at least year and was
by the election result
to concentrate upon it.
When seven members of the court
attended the annual supreme court
dinner at the White House Tuesday
night preceding the message, they
we're bliSsfully unaware of what was
coming. But there were at least
three or four other dinner guests
who knew, and their feelings can
only be imagined.
Brandeis, who always stays home
on such occasions, may also have
known. Roosevelt had been work.
ing on the plan earlier in the day.
Key to Decision
1t is important to remember that
Roosevelt remains deeply impressed
by the mandate" of last November
and that he regards himself as an
elected representative of the masses