Evening star. [volume] (Washington, D.C.) 1854-1972, 1938-09-25
VACANCY IN COURT
ASSESS|ONNEARS
Eight Supreme Justices to
Begin Deliberations on
October 3.
~ the Associated Press.

The Supreme Court soon will re-
convene to hear arguments over sew
eral Of President Roosevelt's admin
isration measures-but there probably
Will Be one vacant chair.
Death removed kindly, white-haired
Benjamin N. Cardoeo from the high
court last July, and. 10 far, the Presi-
dent has not appointed his successor
The eight present justices, after
their long summer vacation, will re-
assemble on October ) to begin the
new term Of court.
They will find about 400 cases-the
summers accumulstion-waiting their
action. These include major contro-
versies involving: 4
l. Constitutionality Of the Tennessee
Valley Authority Act, designed among
other things to furnish>a "yardstick"
for the cost Of electricity. 9
2. The long tight Of Thomas J.
Mooney to obtain release from Cali
3 fornias San Quentin Penitentiary. He
Is serving life sentence for, COM
plicity in the 1915 Preparedness Day
parade bombing in San Francisco.
Ford Labor Case Pending.
3. Several disputes growing out of
the National Labor Relations Act, in
cluding the Ford Motor Co. case.
I. Whether the proposed constitu-
tional amendment to abolish child
labor Is still before the States for
action or for reconsideration OF pre-
vious action. It has been rejected by
more than one-fourth of the States,
and approval Of three-fourths Is nee
essary for ratifica ton.
Other cases concerned with. consti-
tutionality Of the law regulating wages
and hours, the new farm bill, and the
nt-down strike may come before the
court in time for decisions during
the term.
As the justices converged on Wash
ington from vacations spent through
out the United States, Canada and
Europe. the belief was widespread that
President Roosevelt would wait until
Congress convenes in January before
nominating successor to Justice
Cardoso. However, he might make a
recess appointment at any time.
Those mentioned prominently for
the position include Felix FranRfurter
Harvard professor Of law: Harold
Stephens OF Utah. q member of the
United States Court Of Appeals for
the District Of Columbia. and Thur
man Arnold Of Wyoming, an Assistant
Attorney General.
More Retirements Possible.
Because Of the age of some of the
Justices, there have been rumors that
there might be additional retirements
soon. Those usually named in this
connection are s1-year- old Louis D.
Brandeis and 76-year-old James c.
McReynolds.
Neither. however. has given any in
dication of plans to leave the bench.
In addition to these, Chief Justice
Charles Evans Hughes is rs and Jus
tice Pierce Butler is Y.
Only two of the eight justices are
regarded rs by the administration as
conservative" They are Justices Nc
Reynolds and Butler, both Democrats.
Practically all. the major decisions
have been in favor of the administra-
ton for two years.
The opening session. =. week from
tomorrow, is expected to be per-
functory, consisting of the admission
Of attorneys to practice before the
tribunal and the receipt of motions.
The justices then will call at the
White House to pay their respects. If
President Roosevelt is in Washing
ton.
During the following week. they will
start the long grind anew. assembling
several times In the secret conference