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regular active service on the bench
this retirement to be effective on and
after January 18, 1888.
May send you my fluctuations on
your many years of public service.
May I also express the sincere hope
OF Mrs. Roosevelt and myself that we
shall have the pleasure Of seeing YOU
and Mrs. Sutherland at the White
House on January 20.
Very sincerely yours,
"FRANKLIN D. ROOSEVELT"
Gov. Murphy to BE Guest.
As speculation in the Capital turned
to the probable successor to Justice
Sutherland, it was announced that
Gov. Frank Murphy of Michigan,
prominently mentioned as a possible
nominee, will be a luncheon guest Of
the President tomorrow 1t was said
at the White House, however, that
this appointment was made some time
ago, before it was known Justice
Sutherland was going to retire. Gov.
Murphy was to have gone to the
White House today, but the engage
ment was postponed.
Comment at the Capitol on Justice
Sutherland's retirement indicated that
whoever is nominated by Mr.. Roose-
welt for the post will be subjected to
careful scrutiny before he is con-
f1rmed.
The belief also was freely expressed
that the assurance of a liberal ma
jority on the bench in the future had
virtually killed any possibility Of re-
viving the Presidents judiciary re-
organization bill.
Justice Sutherland had voted almost
invariably with the conservative men,
bers Of the court and his retirement will
place control OF that tribunal in the
hands OF his successor, who undoubted-
ly will be an advocate of liberal con-
struction of the Constitution, and JUS
tices Brandeis, Stone, Cardozo and
Black, who can be expected to support
the New Deal on most constitutional
questions.
Due to Press Rule.
Senator Bridges. Republican, OF New
Hampshire, already has proposed that
Senate hearings be required on Su-
preme Court nominations, and Is ex-
pected to seek approval of such rule
before nomination is submitted. Sen
ator Copeland, Democrat, of New York.
first Senator to make the charge that
Justice Black had been a member Of
the Ku Klux Klan, said any nominee
would be closely scrutinized."
Senator Logan, Democrat, of Ken
lucky commented that the general
court situation, as it existed last year,
has already been changed" by ad-
ministration victories in important
cases and by the earlier retirement
Of Justice Van Devanter.
''I think that relieved any necessity
for reviving the matter (the reor-
ganization bilD," he said.
No Indication Of Renewal.
MIR. Roosevelt has given no indica-
ton that he intended to renew a cam
paign for the legislation. sidetracked
by the Senate last summer after Ma
tion-wide debate.
Many names were mentioned in
speculation over candidates to succeed
Justice Sutherland, but all were pure
guesses
Heading the list was Solicitor Gen.
eral Stanley Reed, prominently men,
toned for the vacancy to which JUS
tice Black was named last summer.
Others high in the speculative list
were Senators Minton, Democrat of
Indiana, and Schwellenbach, Democrat
of Washington; former Senator Sam
G. Bratton of New Mexico, now q
Federal Circuit judge; Gov. Philip r.
La Toilette of Wisconsin, as well as
Gov. Murphy.
Most Senators. said Mr.. Reed or
Judge Bratton would be easily con-
flrmed, if nominated. Mr.. Minton
and Mr.. Schwellenbach are Senators,
but in view of the Black controversy,
1t was doubtful whether that fact
would expedite their consideration.
Opposition Probable.
Several Senators said there prob
ably would be some opposition to Gov.
La Toilette or Gov. Murphy. The
former Is not a Democrat, but .
member OF the Progressive party.
There were forecasts that the Pres
ident would select Western man. The
court now is overloaded with Eastern
ers, and Mr.. Roosevelt's only previous
nomination-Justice Black-was from
the South.
Among the judicial districts now un-
represented on the court are the
seventh, composed Of Illinois, Indiana
and Wisconsin, and the ninth, COM
posed OF the Far Western States. Gov.
La Toilette and Senator Minton come
from the seventh, and Senator Schwel-
lenback from the ninth.
On Justice Sutherland's retirement
Justice McReynolds, rs, and Justice
Butler, II. will be the only remaining
members of the court who are generally
classified as conservatives" Chief
Justice Hughes, rs, and Justice Rob-
erts, 81, sometimes vote with those two
and sometimes with the so-called "iib-
eral" group.