The Washington times., 1937-02-17
COURT REFORM
BILL STRIKES
NEW SNAG
Continued from Page u

(COnLlnueu from rage ~
s. Supreme Court to perform
judicial duties in a lower court.
There is no reason on earth why
we should attempt to lower the
dignity of q Supreme Court
Justice"
1t was the first attack on the
retirement bill.
Borah favors passage Of the
retirement act, if the age limit
we're increased to rs. Borah is II.
There was new agitation on
Capitol Hill for submission Of a
constitutional amendment, calling
for mandatory retirement of all
Borah (R.) of Idaho, and Edward
Federal judges at either 70 or IS.
Congressional advocates of the
Presidents plan to enlarge the
Supreme Court by a legislative act
have advocated the constitutional
amendment as well. Many of its
opponents likewise have urged
such an amendment.
Senator Ellender CD Of Louisi-
ana, friendly to the presidential
plan, already has introduced a
proposed amendment, calling for
mandatory retirement of Supreme
Court justices at 10. He is willing
to include all Federal judges in
his amendment, raise the manda-
tory age tC rs and grant per-
missive retirement at 10 If the
jurist sought it. Ellender said:
zone phase of the Presidents
plan 1 want to make perma-
nent. 1t is to provide for COM
pulsOry retirement of Supreme
Court justices after they have
served their usefulness. His plan
Is optional"
House Marks Time
In the House, Administration
leaders indicated they expected
Senate action first on the Presi-
dents program. The House Judi
ciary Committee adjourned until
February 25. Public conversions
to either side of the controversy
were few, with the opponents re-
ported to be gaining slowly. Two
newcomers to the opposition ranks
we're Representative Burdick, q
New Deal Republican from North
Dakota, and Representative Gray
CD Of Pennsylvania.
The cross-fire of oratory con-
tinued unabated.
Senator Van Nuys CD of In
diana, leader of the Senate op-
position, in a radio speech assailed
the presidential plan and de-
manded any such proposal be sub
n1itted to the people in the form Of
a constitutional amendment. He
was followed by Senators Thomas
CD of Utah and McAdoo CD of
California, who praised the presi-
Dental plan and urged public sup
port of it.
He Quotes Washington
Van Nuys said:
"In a few days we shall all
Fe-read or listen with reverence
to the farewell words of the i'm
mortal Washington. May we
ponder his admOnitiOn in which
he said:
aft, in the opinion of the
people, the distribution or mOdi-
ficatiOn of the Constitutional
power be in any particular
wrong, let it be corrected by an
amendment in the way the Con-
stitution designateS-but let
there be no change by uSurpa-
tiOn.'
at may be that modern eco
nOmic and industrial develop
ments demand an enlargement
Of Federal legislative posts. But
If so, let it not be accomplished
through Subterfuge or indirec-
tion. Let it be done in the regu-
lar, constitutional, American
way-by the people themselves
just as it always has been
done and 1 pray God always will
be DONE"
Thomas Endorsed the essence Of
the Presidents plan and implied
strongly it was made necessary
"by abuses which the judiciary
has inflicted upon the other
branches of Government"