Evening star., 1937-02-05
Draft of Courts Bill
Methods of Appointment and Rules of Service
Involving Many Changes Are Provided
in New Measure

Inc QfaIt OF bne prOpOScu Oil u
increase the size of the Federal judi
ciary follows:
Be it enacted by the Senate and the
House of Representatives Of the United
States of America in Congress assem-
bled, That
(a) When any Judge Of court Of
the United States, appointed to hold
his office during good behavior, has
heretofore or hereafter attained the
age of 10 years and has held q COM
mission or commissions as Judge Of
any such court or courts at least 10
years. continuously or otherwise, and
within six months thereafter has
neither resigned or retired, the Presi-
dent, for each such Judge who has
not 50 resigned or retired, shall nomi-
nate, and by and with the advice and
consent Of the Senate shall appoint
one additional judge to the court to
which the former Is commissioned.
Provided, That no additional Judge
shall be appointed hereunder If the
judge who is OF retirement age dies.
resigns or retires prior to the nomina-
ton of such additional Judge.
(b) The number Of judges of any
court shall be permanently increased
by the number appointed thereto un-
der the provisions Of subsection ta)
of this section. No more than so
judges shall be appointed hereunder.
nor shall any judge be so appointed
If such appointment would result In
Cd more than IS members of the SUI
preme Court of the United States, (2)
more than two additional members
so appointed to Q circuit court Of ap.
peals. the Court Of Claims, the United
States Court Of Customs and Patent
Appeals, or the Customs Court. or (3
more than twice the number of judges
now authorized to be appointed for any
district, or. in the case Of judges ap-
pointed for more than one district,
for any such group Of districts.
(c) That number Of judges which
Is at least two-thirds Of the number
Of which the Supreme Court Of the
United States consists. or three
nfths Of the number Of which the
United States Court of Appeals for
the District of Columbia. the Court
OF Claims or the United States Court
Of Customs and Patent Appeals con-
sHts, shall constitute . quorum Of
such court.
(dD An additional Judge shall not
be appointed under the provisions Of
this section when the Judge who is
of retirement age is commissioned to
an ONCE as to which Congress has
provided that a vacancy shall not be
filled.
Designated and Assigned
BY Chief Justice.
Section 2. (a) Any circuit judge
hereafter appointed may be designated
and assigned from time to time by
the Chief Justice of the United States
for service in the Circuit Court Of
Appeals for any circuit Any dis
trict judge hereafter appointed may
be designated and assigned from
time to time by the Chief JUS
tice of the United States for serv-
ice in any district court, or, sub
ject to the authority of the Chief
Justice, by the senior circuit judge
Of his circuit for service in any dis
trict court within the circuit. A dis
trict judge designated and assigned to
another district hereunder may hold
court separately and at the same time
as the district judge in such district
All designations and assignments
made hereunder shall be fled in the
ONCE Of the clerk and entered on the
minutes Of both the court from and
to which a judge is designated and
assigned. and thereafter the Judge so
designated and assigned shall be au-
thorized to discharge all the judicial
duties Except the power Of appoint
ment to statutory position or of
permanent designation Of a newspaper
or depository Of funds) of . judge of