Evening star. [volume] (Washington, D.C.) 1854-1972, 1938-03-08
KING EXPRESSES
DOUBT DISTRICT
NEEDS NEW JUDGE
Hearings End With Senator
Questioning Two Justices
on Work Schedule.
LOGAN TAKES ISSUE,
CITING OFFICE DUTIES
Suggestion That Local Bench
Spend More Time on Trials
Secuted by Kentuckian.

Hearings on the need for more
Judges to relieve congestion in ths
Federal courts here were completed
today. with Senator King. Democrat,
of Utah questioning Justices James
M. Proctor and Jennings Bailey Of
the District Court concerning the an
nual working schedule.
Basing his cross-examinAtion on
a letter from lawyer whose name he
did not disclose, the Utah Senator
said he has been led to believe the
judges do not work enough, that they
conduct trials from $50 or 10 am.
to pm, with one judge present on
Saturday to sign orders. One sugges-
ton in the letter was that trials b
continued until 1890 on Saturday.
Senator King indicated he did not
necessarily agree with that. but added:
II do object to three months vaca-
ton"
Logan Takes Issue.s
Again taking issue with Mr.. King, -
he did at q previous hearing, Senator
Logan. Democrat, Of Kentucky inter-
jected: What do you call . vacation,
Senator? served in one of the hard
est-working courts in the country (the
Kentucky Court Of Appeals). That
court adjourned for two weeks 1T the
end of the year and from the third
Monday in June to the third Monday
in September. I never regarded it Is
a vacation"
Il know some people think We only
work when we are In the Senate
chamber Senator Logan continued.
but we know that isn't true, with
work to be done in our Offices. And yet
we will adjourn from July to janu-
ary."
Senator Logan added that adjourn
ment Of Congress does not mean the
end Of Senator's work.
Trials Not All Their Work.
Justice Bailey explained the present
practice is to have two judges here
during the summer month";, with Jury
trials continuing through most Of July
and September.
Justice Proctor emphasized that the
work Of the judges Is not confined to
the time spent conducting trials on the
bench. He told Of . recent case in
which, he said, he worked IN his study
at home until 8 am in preparing In
structions to be given the jury that
day.
Both justices concurred in the need
for the three additional Judges pro-
vided for In the bill.
1T Is Of no personal benefit to u.s."
Justice Proctor added, but there Is q
public interest involved" referring to
the need for avoiding accumulation Of
pending cases.
5000 Cases This Year.
Senator Hatch referred to testimony
that 1t sometimes takes Is months to
have q case heard in District Court.
and asked If three more Judges would
bring the docket up to date.
II think In two or three years it
WILL" Justice Bailey replied.
Explaining this estimate Of time.
James Z. Stewart, clerk Of the court,
said 5000 cases will be filed this year.
If each Judge maintains the average
Of $50 cases per year, IL judges would
dispose Of 5000 cases annually,
Therefore" he said. there should
be . reduction Of 1000 cases . year
In the cases on hle, II there = no In
crease In the new ones"
The subcommittee held Q. brief ex-
ecutive session, without reaching con-
illusions on the bill, which provides for
q score Of new judicial places through
out the country. In Warrington it
calls for one new member for the
United States Court of Appeals, as we'll
as three more District Court judges.
The subcommittee will reconvene this
afternoon, and probably will make its
report to the Judiciary Committee
Thursday.
Senator King paid - surprise visit
to District Court yesterday afternoon
to CHECK up" on the courts work.
Il just want to see for myself what
the court was doing" he declared.
what hours the judges work. the
state Of the docket and similar mat
ters."
After . conference with Col Charles
z. Stewart, clerk Of the court, the
Senator checked up on what vas
occurring in seven Of the nine court.
rooms. He omitted visits to the court
rooms Of Justices Peyton Gordon and
Oscar r. Luhring. In others he found
Chief Justice Alfred A. Wheat, and
Justices Proctor, Jesse c. Adkins and
Joseph W. Cox on the bench. It was
explained to him by Col Stewart that
Justice Daniel w. O'Donoghue Is Ill
and that Justice F. Dickinson Let's
adjourned his court at noon because
Of the death Of . relative. Justice
Bailey the motions justice, acts on
legal matters In his chambers during
the afternoon. q
lEGISI AT0RS INSPECT