The Daily Alaska empire., 1937-02-15

Servicespf the nation and Of many states by compelling retifement on pay at the age of 70. We have recognized it in the Army and Navy by retiring officers at the age of 64. A number of states have recognized it by providing in their constitutions for compulsory retirement of aged judges
 Life tenure of judges, assured by the Con- stitution, was designed to place the courts beyond temptations or influences which might impair their judgments. It was not intended to create a static judiciary. A constant and systematic addition of younger blood will vital ize the courts and better equip them to rec ognize and apply the essential concepts of justice in the light of the needs and the facts of an ever-changing world. A 5
 Is It. is, obvious therefore from both reason and experience, that some provision must be adopted which will operate automatically to supplement- the work of o1den judges and ac- .y celerate. the1work of the court. e @ I, therefore, earnestly recommend that the necessity 7of an increase in the number of judges be supplied by legislation providing for the appointment of additional judges in all federal courts, without exception, where there are incumbent judges of retirement age who do not choose to retire or to resign. If an elder judge is not in fact incapactated, only good can come from the presence of an ad- ditional judge in the crowded state of dockets; if the capacity of an elder judge is in fact impaired, the appointment of an additional judge is indispensable This seems to be a truth which can not be contradicted.
 also recommend that the Congress pro- vide machinery for taking care of sudden or long standing congestion in the lower courts The Supreme Court should be given power to appoint an administrative assistant who may be called proctor He would be charged with the duty of watching the calendars and the business of all the courts in the federal sys- tenn The chief justice thereupon should be authorized to make temporary assignment of any circuit or district judge thereafter ap- pointed in order that he may serve as long as needed in any circuit. or district where the courts in arrears M
 I attach carefully considered draft of proposed bill, which, if enacted, would, I am confident, afford substantial relief. The pro- posed measure also contains a limit on the total number of judges who might thus be appointed and also a limit on the potential size of any one of our federal courts.
 These proposals do not raise any issue of constitutional law They do not suggest any form of compulsory retirement for incumbent judges. Indeed those who have reached the retirement age but desire to continue their judicial work, would be able to do so under less physical and mental strain and would be able to play useful part in relieving the growing congestion in the business of our courts. Among them are men of eminence and great ability whose services the government would be loath to lose
 If on the other hand any judge eligible for retirement should feel that his court would suffer because of an increase in its membership he may retire or resign under already existing provisions of law if he wishes so to do. In this connection let me say that the pending proposal to extend to the justices of the Supreme Court the same retirement privileges now available to other federal judges has my entire approval. A ',