Evening star., 1937-03-30
COURT T|SPRA|SED
FOR REVERSAL OF
WAGE ACT RULING
Harvard Professor Lauds
Action Before Senate
Judiciary Group.
AMENDMENT PROPOSED
TOFIX BENCH AT NINE
Statement From Clerk of Tribu-
nal Shows Justices Are Well
Up With Docket.
BY G. GOULD LINCOLN.

The supreme court Snould DC
given credit for changing its opinion
on the minimum wage legislation"
Prof. Erwin N. Griswold of the Har-
ward Law School told the Senate
Judiciary Committee today.
Prof GrisWold, who appeared as
witness in opposition to President
Roosevelt's bill to increase the men,
bership of the Supreme Court, was
under cross-examination by Senator
Dieterich Of Illinois.
THE Supreme Court has changed
its mind regarding the minimum wage
law, has it not?" asked Dieterich.
Yes, apparently" said the witness.
1T has done away with the no
mans land which existed" persisted
Dieterich.
Prof Griswold agreed it had, al
though he maintained that a no
mans land" continued to exist and
was intended to exist in other direc-
tions, for example, in connection with
freedom Of speech and freedom of re-
ligious belief.
DO you think" said Senator Diete-
rich, that President Roosevelt's state
ment pointing out this no mans land
influenced the court and caused it to
change it's opinion?"
Declared Existing for 13 Years.
The witness said he had no way of
knowing. He added, however, that the
statement that no mans land existed
had been made "for the last l3 years"
after the first opinion of the court in
the Adkins case relating to the mini
mum wage law for the District of
Columbia.
Prof Griswold suggested as sub
stitute for the Presidents court bill
constitutional amendment fixing the
number of Supreme Court Justices at
nine and their terms of office at l8
years. He would have the amendment
retroa ctive.
Earlier, detailed statements from
the clerk OF the Supreme Court, show
ing that the tribunal is we'll up with
its docket and listing rules recently
adopted to speed procedure, were sub
mitted to the committee.
The committee, by resolution, re-
Gently called for this information.
Testimony Resumed.
Chairman Ashhurst placed the
statements before the committee to-
day as testimony in opposition to the
court bill was resumed after a week
end recess.
Charles Elmore Cropley, clerk of the
high tribunal in his statement, set
forth the rules governing petitions
for writs of certiorari. The rules of
the court afford a period of 10 days
within which the petitioner may make
service on respondents and the latter
is afforded 20 days. and in distant
States 25, after service, to file brief
in opposition to the petition. Unless
there is voluntary shortening OF
these periods, it was pointed out, it
is very unlikely that petitions for writs
OF certiorari filed within approximate
ly one month of the adjournment OF
term can be presented to the court
In time for action before adjournment.
During the term petitions for writs
of certiorari are usually acted on by
the court within a period of 10 days
to two weeks, the clerk said. He point
ed out there is a large accumulation
of these petitions and other applica-
tions during the Summer vacation,
approximately 300 in each year. These
are distributed to the members of the
court during vacation and considered
by them, with the result that this large
accumulation of business is acted upon
Immediately following the conferences
held by the court during the first week
of each term.
All Gases Decided.
The clerk of the court pointed out
that since the October term Of 1929
the Supreme Court has decided all
cases argued or submitted to it during
the term and has carried none under
advisement into subsequent term.
A tabulation showing the state of
the docket of the Supreme Court from
1925 to 1886, inclusive, was submitted
to the committee. This tabulation
showed that the total cases remaining
next term, taking for example the
October term, were 80 in 1885, 96 in
1884, 88 in 1888, ITO in 1882, 100 in
1881, 1913 in 1880, 172 in 1929; 125 in
1928, ITS in 1927, 283 in 1925 and 438
in 1925. This tabulation also showed
that since 1929 no cases argued or
(see JUDICIARY, Page A-2)