Evening star., 1937-09-29
CUMMINGS HALLS
JUDICIAL REPORT
AS "CAP|TULAT|0N"
More Judges to Speed Up
Cases Held Big Point in
Roosevelt Plan.
CONFERENCE PAPER
ADMITS CONGESTION
Signed by Hughes, 1t Recon-.
mends 16 Additional Jurists
Be Appointed.
BACKGROUND

Announced basis for President
RooseUelts proposal for reorgani-
cation Of Federal judiciary, with
Supreme Court to be increased to
is members, tOds claim OF conges-
ton OF dockets. Defenders OF Su-
preme Court, hoiOeDer, insisted its
Dork t0ds current, that any cura-
tine measures should apply to lower
courts.
By law, annual conference OF
senior circuit court judges is held
tor purpose OF repieDin0 condition
OF courts.
Attorney General Cummings today
interpreted the judicial conference re-
port released this morning as COM
plete capitulation and q welcome one"
on the part of judiciary influences
which had been opposed to the court
reform plan OF President Roosevelt.
The conference report, prepared by
senior circuit judges and signed by
Chief Justice Hughes, admitted con-
gestion in some lower court dockets
and recommended appointment of IL
additional district judges and four
extra circuit judges Three of the ex-
ira judges were asked for the District
OF Columbia
Declaring himself intensely inter-
ested and extraordinarily gratified'
at the report, Cummings told a press
conference that the decisions of the
conference were in concurrence with
nearly every point he had made when
appearing before the group last week.
Chief Points of Interest.
The major points of interest
acknowledged in the report, he said,
we're the necessity of speeding the
process of the courts, relieving conges-
ton, providing methods for prevention
OF delay in disposition of cases and
the supplying of additional judges.
Incidentally" he added, this let
ter was q principal part OF the Presi-
dents plan for reorganization Of the
Federal judiciary"
The recommendation Of the con-
ference for additional judges, the At
torney General said, "is the most
drastic ever made by that group.
There is no question about the
need OF these judges. Why? Because
the courts are behind in their work.
And that is what We have been
saying all along.
Called Complete Capitulation."
The conference recommendation is
complete capitulation and a well
come one"
Cummings declined to answer when
asked II his reaction to the report por-
tended introduction of new court bill
in the next session of Congress.
Wen cross those bridges when we
come to them he replied
Discussing the delays occurring in
disposition Of cases before the joinder
OF issues while all kinds of dilatory
pleas, demurrers and motions to dis
miss are made; then in the interval
between joinder of issues and actual
trial, and, finally, in the interval pre-
ceding the handing down of decision,
Cummings continued:
L would like to say most earnestly
that we are confronted in this coun-
try with q problem growing out OF an
archaic and inexcusable judicial sys-
tenn. We are behind modern thought.
Report Held Step Forward.
This report is step forward be-
cause 1t recognizes the delays and calls
for more judges. All of this talk about
no need for additional judges Just
disappears as everybody acquainted
with the circumstances knew it would. 4"
Pointing out that the conference
last year had suggested the appoint
ment OF only four additional district
judges, Cummings laid great stress on
the fact their new proposal for l6 new
judges almost comedies numerically
with what would have been the effect
OF the Presidents plan in the lower
courts, namely the naming Of 18 new
members.
The great difference in the confer
ence suggestion and that of the Presi-
dent, he continued, is that the con-
ference proposes appointments for
specific posts, while Mr.. Roosevelt's IS
plan would have been more flexible in
allowing the movement Of new judges
from one area to another.
They'll come to that some day."
he added smilingly The bill passed
and signed by the President represent
ed progress toward that hexibility and
this report Is further encouragement. u
In the conference report, Chief JUS
tice Hughes said that a tabulatior
submitted by the Attorney General
indicates important progress has been
made" in expediting the work OF
Federal district courts.
This survey" he added, Indicates
clearly that the question of delays In
(See CUMMINGS. Page A-7)