The Washington times., 1937-05-19
VAN DEVANTER
SUCCESSOR
SOUGHT
President to Make
Choice From Ten
Candidates
By GEORGE r. HOLMES
InternatiOnal Nova service


Two more retirements, possibly
three, from the Supreme Court
during the June-to- October recess
were confidently predicted in
Washington today as the Admin
iStration recovered from its sur
prise over the voluntary eftace-
ment Of Justice Willis Van De
vanter, as ardent an anttNew
Dealer o. there has been on the
bench.
Speculation concerning addi-
tional retirements centered about
Chief Justice Charles Evans
Hughes, and Associate Justices
George Sutherland and Louis D.
Brandeis. All are past rs, an age
which Chief Justice Hughes once
observed was a plausible figure for
compulsory retirement. Brandeis
is past 80.
It is considered unlikely. how.
ever, there will be any further
retirements until the Roosevelt
plan for enlargement OF the
court to Is members il decided.
Retirement "Timed"
In Justice Sutherland's case
it was specifically stated there
was mo foundation" for reports
that he would retire. 1t was
recalled, however, that q few
months ago Justice Van De-
vanter's friends were making
the same denialS.
There are many curious reports
circulating about the Capital con-
corning the intentions of the re-
naming aging justices on the
bench. One Of the most persistent
is that Justice van Devanter timed
his retirement appropriately on the
day the Senate Judiciary Commit
tee voted on the Roosevelt enlarge
ment program with the plain In
tent Of weakening the Roosevelt
case. Two or more additional re-
tirements as the Senate debates
the bill would be calculated to fur
ther weaken the support for the
Presidents program.
Likely Successors
Meanwhile, there is widespread
speculation concerning the ap-
pointment of Justice Van De-
yanter'S successor. The names that
are figuring most prominently in
this speculation for the present
are:
Judge Joseph c. Hutchinson
CTexas) Of the fifth circuit
court. ~ - - ~ 40
Senator Robert r. Wagner
Cd Of New York, author Of
much New Deal legislation, in
Guiding the National Labor Re.
lations act.
Assistant Attorney General
Robert H. jackson, who has
argued successfully q number Of
New Deal cases.
Judge william Dennan Cali
formal of the ninth circuit
court, who favors the Presidents
court plan.
Solicitor General Stanley F.
Reed of Kentucky, who has also
been successful in some New
Deal cases before the high court.
James M. lands, chairman
of the securities and exchange
commission.
Judge Samuel Sosenman, Of
New York, long a close personal
friend and adviser Of the Presi-
dent.
Judge Ferdinand Pecora, Of
New York, who directed the SEN
sational banking investigation
for the Senate q few years ago.
Judge Sam G. Bratton New
Mexico, Of the Ninth circuit
court.
All save Judge Denman, who is
g., are on the sunny side Of 80.
Mr.. Roosevelt said some months
ago that he was diSinclined to
nominate for the Federal bench
men who were over go.
Is Wagner Eligible?
In the case Of Senator Wagner,
who is So, there is some dispute
between constitutional lawyers as
to whether he is eligible. The
Constitution provides that no
member Of Congress can be ap-
pointed to a Federal office which
has been created, "or the emolu-
ments thereof increased" during
his term.
The retirement act Of last
March permitted justices to retire
at full pay, which some constitu-
tionalistS argue, has the effect Of
increasing the emolumentS of the
office. Even though the base
salaries Of $4,000 a year Gin the
case Of Supreme Court jIsticeS)
were not raised.
It is a fine point, upon which
the constitutional experts dis.
agree, with the majority, however,
believing that Wagner or any
other member Of Congress is
alj0ihIe