Evening star., 1937-07-06
Administration Wheels Up
Heavy Debate Artillery to
Force New Justices on
Supreme Bench.
STRATEGY IS SHIFTED
WITH SUBSTITUTE BILL
Democratic Leader Warns He In.
tends to Keep Measure to Front
Until Disposed Of, Filibuster or
No Filibuster-Wants No Re.
cess for Ball Game.
BY G. GOULD LINCOLN.


dent Roosevelt's plan to increase the
membership Of the Supreme Court
was precipitated in the Senate today.
| Senator Robinson of Arkansas, the
! Democratic leader, moved soon after
the Senate met to take up the court
| bill. His motion was agreed to without
a roll call. No effort was made on
the part Of the opposition to block the
motion, although few faint noes
were heard when the question was
put by Senator Pittman of Nevada,
| President Pro Tempore of the Senate.
| Immediately after the Senate had
agreed to take up the court bill, SEN
| ator Robinson offered the so-called
Logan-Hatch compromise as a SUBJ
stitute for the original measure. After
the substitute was read he launched
into defense of the proposed legs-
| lation.
Earlier Senator Robinson had given
notice that he intended to keep the
court bill before the Senate, filibuster
or no fillbuster, until it was dis
posed of.
| Nneeier at White House.
Senator Wheeler of Montana, a
leader in the opposition to the court
plan, meanwhile talked with Presi-
dent Roosevelt for more than an hour
and half at the White House. He
left saying he was just as strongly
as ever opposed to the original court
plan or any compromise meaning an
increase in the number of Judges on
the Supreme Court.
| Wheeler also said today's confer.
ence would have no effect on the
parliamentary situation in the Senate
on the court plan.
senator Bone of Washington, who
has been 100 per cent in favor of the
PRESIDENTS court enlargement plan.
was with Senator Wheeler during the
Iatter's talk with the President.
In opening debate in the Senate.
Robinson said the Federal statutes
nave recognized the need of having
Judges who are physically and mentally
Mt to perform their duties.
Retirement Laws Explained.
A law was passed long ago, he said.
permitting the retirement at 70 wears
ol age OF Federal judges of all the
courts except the Supreme Court.
during the present session of Con.
sress a law has been enacted per-
mlttlng the retirement Of Supreme
court justices at 10 years of age or
over.
Ihis policy has had the approval,
Roolnson said, of the general public.
1t also has been advocated said
Robinson, "by members of the Su-
preme Court, who have not been able
10 apply to themselves the theory thew
nave sought to apply to other Judges, .
Roomson explained the provisions
OF the compromise substitute, POINTING
out that the President would have au-
thorlty to appoint one additional asso-
clate justice during each calendar
year When members of the bench failed
TO retire at the age of rs.
Constitution Amendment Opposed.
1t has been said that this le2isla-
tlon dlsregards the spirit of the Con-
stltutlon and tends to give the Presi-
cent dlctatorial powers" said Robin
son. Later, during the debate that
is to follow. 1 may have opportunity
70 re1ute those arguments. During
the course of the long controversy over
TINS legislation, Senators who oppose
THIS Dill have offered constitutional
amendments to carry out the very
same purpose. No reason can Justly
be assigned for going through a long
and complicated procedure, required
by constitutional amendment, if the
same purpose can be accomplished by
legislation, providing the legislation is
within the Constitution No serious
doubt has been expressed by any one
that this legislation is constitutional. I"
Senator Robinson's motion to take
up the court bill was made soon after
the Senate met Immediately SEN
ator McNary of Oregon, Republican
leader, propounded several questions
regarding procedure. He asked if it
was Robinsons purpose to lay the
court bill aside from time to time
to consider other bills, particularly of
an emergency nature.
Robinson replied that when the
court bill had been made the un-
finished business of the Senate he in
tended to keep it there as the unfn-
ished business and not to permit other
legislation to come up
Senator McNary asked if it was Rob-
inson's intention to ask that the SEN
ate sit tomorrow. when the all-star
base ball game is to be played here.
In measured accents Senator Robin
son answered:
1T is my intention to ask the Sem
ate to sit tomorrow. There is no
Justification in my opinion for takins
a recess because there Is to be a bass
ball game here, particularly in view
OF the business situation in the Sem
ate. OF course, Senators may 90 tc
the ball game if they wish But they
may be sent for Il they are needed
We have been at leisure for a Ions
} time, while the standing committees
} have been at work on legislation. But
considering the advanced stage of The
present session and in view Of (he
fact that it has been heraldec
. throughout the Nation that the op-
ponents of this bill intend to obstruct
vote. 1t Is my intention to keep thil
bill before the Senate until 1t Is dis
/ | 81