The Washington times., 1937-02-06
0KAY LIKELY
ONLY UNDER
PRESSURE
Opponents Raise Cry
OF Effort to Pack
Supreme Bench
BY GEORGE R. HOLMES
International News Service

President RooSevelt'S startling
proposal to revamp the entire
Federal judiciary syStem-and in
crease from nine to a possible Is
membership of the Supreme
Court-faced rough going in Con-
gress today.
The opinion. however. was gen
eral that if Mr.. Roosevelt brings
pressure to bear he will get his
program. If not, then the proba-
bility is that it will be picked to
pieces by slow process, so that in
the end he will get only part of
what he recommended. In that
event the part he will get won't
include an increase in the mem
bership of the Supreme Court.
Republicans Opposed
The Presidents propoSa
cleaved through party lines like a
knife. Republicans, for the most
part, were opposed to them. The
opposition cried that he proposed
to pack the Supreme Court" In
this, they had the support, silent
or outspoken, of number OF con
servative Democrats.
On the other hand, great
many Democrats and a handful
of Progressives and Independents
who have long criticized the
court. rallied strongly behind the
President, and promised to go
through for him on the entire
program.
The tug-of-war between these
two camps promises to be bitter
one with the outcome in doubt,
but with the odds for the time
being favoring the President.
Irked by differences
Mr.. Roosevelt tread on a great
many toes in making his revolu-
tionary proposal.
Stripped of the niceties Of
phraseology, his message consti-
tuted an indirect-almoSt direct
Invitation to all Federal justices
who have passed the age of 10 to
retire from the bench, to make
way for younger men who are
more in step with the tempo OF
the times.
The oldsters in Congress, and
there are many of them who are
three-scoreand-ten or verging upon
it, didn't like that inference that
life is over at TO-"
In the Senate alone, there are
II members who have reached that
age, and who consider themselves
still to be in their prime-Borah,
johnson, Norris, Glass, McAdoo,
among others. It came as shock
to them to learn that the White
House considered age barrier to
public service.
Powers Opposed
But more than that, there de-
veloped deep-seated opposition to
giving Mr.. Roosevelt-or any Pres
ident, for that matter-the op-
portunity to appoint six members
of the Supreme Court. which the
President could do if his proposals
are carried out. 1t is around that
proposition that the fight will be
waged.
AS for the rest Of Mr.. Roose-
velt's program, the expedition Of
constitutional cases from the
lower courts to the Supreme Court,
and the creation Of a mobile Fed
eral judiciary for assignment
where it is most needed. there is
not much opposition. The con-
gestion of Federal court docketS
and the delays in Federal proceed
ure have constituted a weak link
in the judiciary system for years
recognized, deplored. but always
passed up. Little partisanship
enters this phase Of it.
The whole battle will center
around the Supreme Court, which
has been described by its friends
as the palladium Of our liber-
ties" and derided by its critics as
constituting a ball-and-chain
around the ankle of economic
progress.
Elastic Membership
Under Mr.. Roosevelt's plan, the
Supreme Court would become an
elastic institution with regard to
membership. 1t now consists of
nine members. He proposed that
he be empowered to appoint an
additional Judge for each member
who does not retire within six
months after reaching the retire
ment age of 10.
Applied to the existing court,
such a program would allow him
to name six additional judges, for
six of the present court have
passed 10. Should Congress au-
thorize this, then the membership
Of the court conceivably could be
increased to IS.
On the other hand. should the
six justices now past 70-Chief