The Waterbury Democrat., 1937-02-22
BEHIND THE SCENES
 WASHINGTON
Democrat Washington COrrc-
 spondeut
WN RODNEY puTchEE

Democrat Washington Core
 sp0ndent
 ROOsevelt's Court Reform
 Plan Evolves, on Last
 Analysis, Into Fight Be-
 tween Young Men and Old
 Men in Political Life; Re-
 tirement Plan Will Knock
 Elderly Senators Out of
 Hopes for Federal Court
 Place.
 Washington, Feb. 22-The bitter ness of older men against the tnl- pile insults of a young man, is a real factor in the supreme court struggle.
 There are young men on both sides and old men on both sides, but the fight is one between old men and young men. If you average se- parately the ages of the outstanding protagonists and an tagonists, you will find the disparity as great as that between the 75-year average age of the six justices over 70, and the age of Roosevelt, who is only 55.
 Numerous reasons actuate sen- ators and others who have de- clared for or against the proposal to appoint additional supreme court justices in cases where sit- ting judges over 70 don't retire. These include party loyalty, fears of Fasclsm, greed for patronage, innate conservatism, innate pro- gressivlsrn, and so on.
 But everyone here on the ground realizes that when Roosevelt-With grin-asserted that judges over 70 often served beyond mental and physical capacity while unable to perceive their infirmities, he enn- bittered many of the old timers. They otherwise might have been able to take his proposal more calmly. Age Line Doesn't Set We'll
 The age line of demarcation in this fight seems to be about 60 years. Men over that age have been advised, in effect by the president at a press conference, that he would appoint no sexagenarians to federal judgeships. That doesn't set well with some who had hoped to end their careers on the bench, or felt they might depend on judgeship in cese constituents voted them out of office. Also the supreme court retirement would permit justices to retire with full pay at 70, only If they had served 10 years.
 Aside from the five conservative justices over 70, whom Roosevelt wants or the bench, most con- s eicuous figures in the opposition battalionS include Senators Will liam E. Borah, 7l; Hiram Johnson 70; Carter Glass, 79; George w. Norris, 75; Frederick Van Nuys of Indiana, 62; Ava Adams of Col orado, 6l; Ellison D. Smith of South Carolina. 72; William II. Ring of Utah, 72; Walter r. George of Gcrgia, 59; and Josiah Bailey of North Carolina, 6S. " Outside the senate one observes such opponents as Hatton Summers, 61, chairman of the house Judiciary committee, who might easily have expected to wangle 8 judicial ap- pointment. He has been distinctly luke warm to the Roosevelt pro- gram. The Morgan lawyer, John w. Davis also had reasons to hope he would wind up as supreme court justice, or perhaps even chief jus tice. under any conservative admin istration. He is now GA.
 Youngsters" for Roosevelt
 Now as to the men who have thrown themselves conspicuously in- to this fight for Roosevelt. A req sonably complete list in the senate would include Senators Bob La Toilette of Wisconsin, 42; Hugo Black of Alabama, 50; Lew Schwel- lenbach of Washington. 42; Ed Johnson of Colorado, 53; Sherman Mi1ton of Indiana, 46; Jimmy Byr- nes of South Carolina, 57, and Bob Wagner 10 New York, 59.
 The outstanding protagOnist in the house is Congressman Maury Maverick of Texas, Al. And a list of those who helped Roosevelt work out the plan, or are now plugging for 1t, probably would include Assistant Attorney Gener- al Robert Jackson. 45; Solicitor General Stanley F. Reed, 52; Charles West, White House liaison man with Capitol Hill. 42; Jimmy Roosevelt, 29; Donald Richberg, 55; Ben Cohen, 39, and Thomas G. Corcoran, 37. These ages stand out i'm marked contract against those of the six oldest justices.
 There are certain exceptions, but the list is small.
 Answering complaints that Roose- welt slurred men over 70 as a class, his friends reply that establishment of the age principle was the only way he could rejuvenate the court and It's philosophy without brazenly packing 1t. Just the same, there are many proud old hearts here that will continue to hold 1t against him.
 (r!onvri0ht 1N37 NEA Service. Inc. ]