Evening star., 1937-02-13
Court
Continued From First Page.)

- CllhIlSc, WIuCll llc lcIIucO IlcCCSodI y.
But to say that such a need exists, !"
he said. "is not to condone the pro-
posal Of measure which violates the
spirit Of the Constitution itself"
Opponents continued bipartisan
cooperation in drafting arguments
against the measure. Some observers
interpreted ALI M. Landon's declara-
ton in New York that this grave
matter" should be treated without
partisanship as indicative Of Repub-
lican policy to avoid making the pro-
gram party issue.
One Republican Senator-Davis of
Pennsylvania-suggested in a Lincoln
day address at Gettysburg, Pa. that
action be delayed until after the 1888
congressional elections
Mayor Fiorello La Guardia of New
York expressed the belief that If
Lincoln were alive today, he would
find himself like Mr.. Roosevelt
blocked by the Supreme Court" La
Guardia has supported many of the
Presidents policies.
Leaders of the opposition TO the
Supreme Court plan of the President
insisted today that If as many as "a
or IS Senators decline to support the
measure In that particular, it can never
pass the Senate as it now stands. Their
prediction is predicated on the power
which group Of Senators OF such
proportion could use to prevent a vote,
If necessary to kill the measure.
The Senate Judiciary Committee is
to meet Monday morning. Presum-
ably the committee will then make
plans for dealing with the Presidents
bill. Also it will have before it the
House bill for voluntary retirement of
Supreme Court Justices after they
reach the age of 70 years. There Is
much support for this measure and
it may be reported to the Senate with
out further delay. Some of the Sena-
tors believe that if this bill Is enacted
into law-and two or three of the
justices now over 10 take advantage
of it and retire, the Presidents plan
to increase the membership of the
SOu4t WILL VIC dllOWCu W Qlc.
Senator Clark prefaced his an
nounced opposition to the Presidents s
Supreme Court plan with a state
ment Of his own admiration for Presi-
dent Roosevelt He said that he had
not only respect but admiration and
personal affection for the President
and for that reason he had been slow
to make up his mind to oppose him
in this legislation.
President "Undisputed Leader"
HE Is the undisputed leader Of the
American people," said Clark. "In-
deed by the free and untrammeled ac-
ton Of free people he Is the fore
most figure in the world today, en-
joying by his own achievements and
the favor Of his fellow citizens greater
prestige than has any President within
the memory Of any one now living.
Nevertheless Representatives and
Senators are still sworn on their own
oaths and under our theory of gov
ernment are responsible alone to their
own consciences and the constituents
who elected them.
II have always been in favor Of per-
mitting Supreme Court judges to retire
upon the same terms as other Federal
judges-that is upon full pay at the
age of 10, provided they have served
10 years. They are entitled to the
same protection that other judges have
against the reduction Of salary after
retirement either by legislative action,
increase of income taxes or other
wise.
IT have always been in favor Of
the compulsory retirement Of judges
at q specified age, even though 1t
requires an amendment to the Consti-
tuition. am not convinced that the
voluntary retirement age Of 70 should
be also the compulsory retirement
age. This doubt is strengthened by
the fact that of the two greatest
liberal judges of modern times, Mr..
Justice Holmes served with unim-
paired faculties until nearly 90 and
then resigned without compulsion,
and that Mr.. Justice Brandeis, now
80. Is still probably the greatest
ornament of our bench.
See Danger Of Unwieldiness.
."I would have no ineradicable feel
ing against an increase In the size
of the Supreme Court, even to Is,
provided the necessity for such In
crease could be demonstrated upon
the basis of the inability Of the
court as at present constituted to
handle its business, although in a
court of last resort sitting as q
single tribunal there might be grave
danger of making it unwieldy and
impairing the facility for consultation
and deliberation necessary to the
speedy administration Of justice.
'But there has been no showing
whatever that the age Of the Supreme
Court justices has caused that high
tribunal to be either negligent or
dilatory in its work. The court high