The Waterbury Democrat., 1937-02-05
Message On Judiciary Reform

peals In only l0e cases out OF 803
applications.
Many Of the refusals were
doubtless warranted. But can It
be said that full Justice Is achiev-
ed when :. court is forced by the
sheer necessity Of keeping up with
Its business to decline, without
even an explanation, to hear 81
per cent Of the cases presented to
1t by private litigants?
Relieves Congestion
It seems clear therefore, that
the necessity Of relieving present
congestion extends to the enlarge
ment Of the capacity Of all the
federal courts.
A part Of the problem Of OBJ
tanning q suf1lcient number OF
judges to dispose Of cases in the
capacity OF the judges themselves.
This brings forward the question
Of aged or infirm judges sub
Ject Of delicacy and yet one which
requires frank discussion.
In the federal courts there are
In all 237 life tenure permanent
judgeships. Twenty-Five to leave
the bench on full pay. Originally
no pension or retirement allow
ance was provided by the con-
gress. When after 80 years OF our
national history the congress made
provision for pensions, 1t found a
well-entrenched tradition among
judges to cling to their posts, in
many instances far beyond their
years Of physical or mental capac-
ity. Their salaries were small.
AS with other men, responsible
ties and obligations accumulated.
No alternative had been open to
them except to attempt to per-
form the duties Of their offices to
the very edge Of the grave.
Exceptional Cases
In exceptional cases, Of course,
judges. like other men, retain to
an advanced age full mental and
physical vigor. Those not so for
tunate are often unable to per-
ceive their own iEfirmities. They
seem to be tenacious Of the APP
pearance Of adequacy" The vol
untary retirement law Of 1869 pro-
vided, therefore, only a partial So
luton. That law, still in force,
has not proved effective in induc-
ing aged judges to retire on a
pension.
This result had been foreseen
In the debates when the measure
was being considered. 1t was
then proposed that when Judge
refused to retire upon reaching the
age Of 10, an additional Judge
should be appointed to assist In
the work OF the court. The pro-
posal passed the house but was
eliminated in the senate.
With the opening Of the Goth
century. and the great increase Of
population and commerce, and the
growth Of more complex type Of
litigation, similar proposals were
introduced In the congress. To
meet the situation, in 1913, 1914,
1918 and 1916, the attorney gen.
cral then In Office recommended to
congress that when a district or
circui: court judge failed to retire
at the age Of 10. an additional
Judge be appointed In order. that
the affairs Of the court might be
promptly and adequately dis
charged.
1919 Law Passed
In 1919 law was finally
passed that the president may"
appoint additional district and
circuit judges, but only upon q
finding that the incumbent Judge
over 10 us unable to discharge
efficiently all the duties Of his Of
flee by reason Of mental or physi-
cal disability Of permanent char
acter." The discretionary and in
definite nature Of this legislation
has rendered 1t ineffective. No
President should be asked to de-
termine the ability or disability
of any particular Judge.
The duty Of a Judge involves
more than presiding or listening
to testimony or arguments. 1t
is we'll to remember that the mass
of details involved In the average
of law cases today is vastly great
err and more complicated than
even 20 years ago. Records and
briefs must be read; statues, de-
cisions, and extensive material Of
a technical, scientific. statistical
and economic nature must be
searched and studied; opinions
must be formulated and written.
The modern tasks Of judges call
for the use Of full energies.
Modern complexities call also
for constant infusion Of new
hlnod In tha cni,rfs iiist aq n iS