Evening star., 1937-02-07
D.C.LAWYERSC COOL
TO COURT CHANGES
Poll Showing Only One Is for
All RooSeveIt's Pro-
poSaIs.

All hOOSeVell ) TTU'
poSaIs.
President Roosevelt's proposal for q
radical revision Of the country's judi
cial system-especially the possibility
of an increase in the number of Su-
preme Court judges-will receive little
support from the members OF the bar
In the Nations Capital.
A poll Of some outstanding lawyers
revealed only one in favor of the Su-
preme Court enlargement, while a
number of prominent Democratic at
torneys refused to express any opinion
on the recommendations.
Some of the views expressed follow:
George E. Hamilton, dean of
Georgetown University Law School.
and generally regarded as the dean"
Of the Washington legal profession:
"The Presidents message carries with
1t implications even beyond its radical
expression. 1t bespeaks the desire and
aim to center in the Executive all legis-
lative and judicial control. 1t is con-
trary to constitutional intent and pro-
vision and is an unjustifiable assault
upon the Supreme Court and its rec
ord Of useful service to our country
and its people"
Some Points Held Sound.
James j. Hayden, dean Of the Cath
olic University Law School: The
question raised by the proposal to
limit the age of justices in active
service Is a serious one. 1t might be
preferable to have an automatic re-
tirement age of 10 or y. believe the
principle of assigning justices to re-
Ieve congested dockets, requiring
notice to the Government in suits be-
tween private parties attacking Fed
eral statutes and requiring the expedit-
ing Of suits disputing the constitu-
tionality of acts of Congress is sound.
Appeals have been expedited to some
extent, but more improvement is de-
sirable."
John r. Fitzpatrick. dean Of the
Columbus University School Of Law:
"There Is no legitimate objection to
increasing the number of judges on
the Supreme Court bench. but if the
real purpose Of the proposal is tc
secure valuation Of anticipated legis.
lation it should be done through the
established channel of constitutional
amendment"
Wheatley Favors All Proposals.
Henry I. Quinn, president of the
District Bar Association: 1T Is my
personal view that the people are
justified In reaching the conclusion
that Notwithstanding the reference
made to the need of speeding justice
that the real motive behind the plar
Is to place on the Supreme bench
those who will be known to have
constitutional views favorable to the
administration theories"
H. Winship Wheatley former presi-
dent Of the Bar Association: Il favor
all provisions of the plan. 1t was q
wonderful message. 1t is an attempt
to liberalize the courts and adjust
them to modern conditions In my
opinion the courts are too stiff. This
Is a step in the right direction"
Walter M. Bastian, former presi.
dent of the Bar Association: Il an
certainly against the proposed in.
crease in the number of judges. There
is no necessity for it. The courts
are pretty we'll up in their work"
Paul E. Lesh. practicing attorney
mo lawyer can question the soundnes:
of the proposition that the superan'
nuated do not recognize their own dis.
abilities, nor can any one question
that the courts are overloaded with
work, trying to cope with increased lit
igation without increased personnel
But to enact the statute as proposed
at this time would be to attempt to re-
buke a coordinate branch of the Gov
ernment for doing what it considers its
duty. I do not believe the people have
more faith in Congress than they have
in the Supreme Court. do not be-
lieve the people thought that was the
issue they were deciding in the recent
election. The people indorsed a result
q trend toward renewed prosperity
without deciding whether it was
DIOukllG dUOuG ny WlldI SOllSlcSS udO
done or what the courts had done.
do not believe the recent election was
any mandate from the people to at
tempt to rebuke the Supreme Court
and what good there is in the proposal
is beclouded by that issue. hope the
effort will fail"
Leon Tobriner, practicing attorney:
"I think it would be entirely contrary
to the purpose of the trainers of the
Constitution and the Federal judiciary
act. 1t would seem to me that there is
an effort to pack the Supreme Court,
and with the number of judges pro-
posed it would be an unwieldy ar
rangement. Every lawyer in the coun-
try should make every effort to defeat
such plan as the President proposes. "