The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1937-05-05
Last Hearing By
High Court For
Term Set Today
Argument Scheduled Deals
With Old Age Annun-
ity Plan

w ApillA\N loN, MaV y. tjI)
The supreme court. which has
passed judgment on the New Deal
for four years, will hear algu-
ment today on what may be the
last administration test presented
to the present personnel for de-
cisiOn.
Government attorneys were
scheduled to defend constitution
atty of the old age annuity pro-
visions Of the social security law
against a challenge originating in
Boston. 1t is the last case set
down for this term. When the
court cOnveneS again next Octo-
Der 1t may be a different body.
Three factors point to a pos
Siblc change in the personnel of
the nations highest tribunal be-
fore any more New Deal legiSla-
ton passes in review. They are:
/. President Rooscvclt'S request
for power to appoint six new JUS
tees in case those now over 70
fail to retire. Although the presi-
dents bill seems destined to re.
ceive an unfavorable report from
the senate judiciary committee
and its ultimate fate is still UNI
certain, cOgnreSs seems disposed
to vote some kind Of change.
.. Passage of a law permitting
Justices to retire at 20 instead Of
resigning. This law. pending at
the time of the presidents special
message and passed within a few
days of the introduction of his
bill, safeguards the Justices S2O,-
600 annual retirement pay
against reductions'by congress.
8. The age of the Justices, ag-
gregating G47 years. The present
court is the oldest in history. Al
ready it has defied actuarial Ia
bles on mortality chances by re-
naming intact through more than
four years of Mr.. ROOsevcltS adj
miniStration. Each advancing
month piles up the odds for an
eventual vacancy through death
or cnfccblcmcnt.
The ages of the Justices are as
follows: Chief Justice Charles
Evans Hughes, IS; Willis Van De-
vanter, rs; James Clark Mickey,
nolds, rs; Louis y. Brandcis. so;
George Sutherland, rs; Harlan
FiSkc Stone, Ga: Benjamin CardO.
10, G7: Pierce Butler, II; and
Owen j. Roberts, 60.
Thus six of the nine eligible to
retire on full pay and some may
do so during the summer recess.
Reports prior to submission of
Mr.. RoOScvclt's judiciary program
named Van DCvantcr and Mickey
nolds as considering retirement.
The senate Judiciary commit
tee met again Tuesday to discuss
substitutes for the presidents
bill. Senator George McGill, D.,
Kas., argued for his proposal for
retirement age Of rs; a high
court fluctuating in size between
9 and Is members depending on
age, and limitation on new APP
pointmcAtS to two per prcSidcn-
tial term.
81 think this meets all the OBJ
iections to the presidents bill as
il was introduced" McGill said.
"Under no reasonable theory
could it be said that my proposal
involves the changing on Influence
ing of judicial decisions. | think
the presidents idea Of systematic
infusion of new blood is good
one.
"My bill would furnish at least
three administrations the OppOr.
tunity to appoint IA justice. |
don't feel that would be true UNI
der the other proposals"
McGill refused to commit HIM
self on the presidents bill other
than to say he preferred his own
proposal to all others. But in the
secret discussion he Informed OPP
ponents of the six justice increase
that they already have. in effect,
voted Mr.. Roosevelt the authority
TO name six justices, since max
mum of six could retire under
this sessions law.
The bill passed both houses by
overwhelming maioritics.
"Some presidents" McGill add
ed, "have appointed three justices
some four and one president NAM
ed five members to the supreme
court. | don't think there is this
danger in six new appointments
of which some are so skeptical.'