Evening star., 1937-06-14
BY G.. GOULD LINCOLN.

BY G. GOULD LINCOLN.
The Senate Judiciary Committee to-
day recommended the rejection Of
President Roosevelt's court reorgani-
zation bill as "a needless, futile and
utterly dangerous abandonment OF
constitutional principle
The report Of the committee was
concurred in by 10 members. 7 Demo-
Gratis and Republicans. The minor
ity, Democrats and Senator George
W. Norris Of Nebraska, has so far
failed to file a report.
The bill now goes to the Senate
calendar with an adverse report. It
can be taken up on motion or by
unanimous consent. Present plans are
to let it rest until after the appro-
priation bills and the relief bill have
been disposed Of.
Rarely has any piece of legisla-
ton been so criticized by congress
sional committee as was the court
bill today and never before, any pro-
posal submitted by President Roose-
yelt The judiciary Committees ex-
haustive report took up every argu-
ment advanced in favor of the pas
sage of the bill and riddled it; took
up every argument made against the
bill and amplifed it.
King Submits Report.
The report was submitted by Sen
ator King of Utah, Democrat, who
with two other Democrats, Senators
McCarran of Nevada and O'Mahoney
Of Wyoming. were in charge of draft
ing it.
The committee recommended the
bill be not passed for the following
primary reasons.
Il, The bill does not accomplish
any one Of the objectives for which
it was originally offered.
%. 1t applies force to the judi
clary and in its initial and ulti-
mate effect would undermine the
independence of the courts.
3. 1t violates all precedents in
the history of our Government and
would in itself be dangerous pre-
cedent for the future.
a. The theory of the bill Is in
direct violation of the spirit of the
American Constitution and its en-
ployment would permit alteration
Of the Constitution without the
peoples consent or approval; it
undermines the protection our con-
stltutiOnal system gives to minori-
ties and is subversive of the rights
Of individuals.
''5. 1t tends to centralize the
Federal district judiciary by the
power of assigning judges from one
district to another at will
IS. 1t tends to expand political
control over the judicial depart
ment by adding to the powers of
the legislative and executive de-
partments respecting the judi
ciary"
Hatch Files Separate Report.
Senator Hatch of New Mexico. one
of the Democratic Senators who con-
CURED in the adverse report, filed
separate statement with the Senate in
which he said he planned to offer
amendments to the Presidents bill
which would meet" the objections set
forth by the committee. One of the
Hatch amendments, and the principal
one, would be his plan, offered in COM
mittee, to authorize the President to
appoint one justice year to the
Supreme Court when justices remained
on the bench after retirement age had
been reached.
This Hatch proposal is likely to be
the basis of compromise sought by
the administration forces for the Pres
ident's original plan to increase the
membership of the Supreme Court to
possible maximum of IS Other op-
ponents of the bill will resist any
compromise. A reading of the Senate
committee report would make any
compromise, looking to an increase in
the court membership, seem to be
impossible.
Senator Hatch in his separate
statement, however, said: 1T should
be noted that the recommendation
and arguments advanced by the ma
jority are directed against the bill
in its present form. 1t has been my
thought that the principal objections
set forth in the majority report can
be met by proper amendments to 6he
bill; that with sufficient safeguards.
it can be made a constructive piece
of legislation, not designed for the
immediate present, but to provide a
permanent plan for the gradual and
orderly infusion of new blood into
the courts. Intending to offer
amendments which it is believed will
accomplish this purpose, I desire to
(See JUDICIARY. Page AID