Evening star., 1938-02-11
FEDERAL COURTS
HERE DEFENDED BY
JUSTICE STEPHENS
Charge Summer Recess Is
Too Long Denied Before
Senate Group.
INCREASE IN NUMBER
OF JURISTS is UPHELD
Additional Appointments to Local
Benches Subject of Hearing
of Committee.
BY J. A. O'LEARY.

Defending the Federal courts in
Washington as diligent in trying to
keep up with their work. Justice
Harold NJ Stephens of the United
States Court of Appeals made the
opening statement today to Senate
Judiciary Subcommittee in support
Of the bill to add three judges to
the District COURT and one TO the
appellate tribunal.
Chairman King of the Senate Dis
trict Committee announced his op-
position to the three new places on
the trial bench and indicated he
thought the judges of that court take
too long a summer recess
we hope to convince you,' said
Justice Stephens.
Justice Stephens added that more
than two years of contact with the
local courts has convinced him the
Judges are diligent in handling their
work. Even so, he said. the District
Court is unable to keep abreast of
the volume of litigation.
While the witness spoke primarily
Of the needs of the appellate tribunal
be joined also in supporting the in
crease in the number of District Court
judges.
Justice Let's to Testify.
Justice F. Dickinson Let's of the
District Court also was ready TO tes-
tify. but Senator King asked for a
postponement until next week. ex-
planning he is gathering information
AS to the number of days and hours
the branches of that court sit weekly,
and data on the condition of the
courts business.
Chairman Hatch recessed the hear
ing until next Friday.
The fiction of an extended rest for
Judges is certainly not applicable to
our court" Justice Stephens told the
subcommittee.
You don't need three months, as
am told the judges in the District
take" Senator King observed.
Il doubt if they get with any regu-
larity three months" Justice Stephens
replied Inquiry proba bly, would
show it is nearer six weeks or two
months"
Rest Held Economical.
Justice Stephens said the pace
Judges must keep during the rest of
the year makes period of rest in the
summer economical.
The appellate judge said he was not
urging the additional appointments
on any humane basis as far as the
judges are concerned. but to make it
possible to give litigants prompt dis
position of their cases.
, Many important national cases must
be tried in the courts here because of
the presence of the regular Govern
ment departments, he testified. In ad-
dltlon, he pointed out, the Court of
Appeals has exclusive Jurisdiction to
hear appeals from some regulatory
commissions. Seventy per cent of its
work. he said, deals with the execu-
tive or legislative branches of the Gov
ernment in matters of current i'm
portance
In stressing the fact that the courts
here have the dual function of
State and Federal tribunals, Justice
Stephens pointed out that Utah has
l3 or IA State judges and l Federal
Judge. The city of San Francisco,
ne said, has "a State superior judges
and Federal judges, while the Dis
trict of Columbia has only nine judges
in its trial courts.
The new law requiring three judges
to hear injunction suits involving con-
stitutionality of Federal legislation has
added further to the volume of work
Of the Court of Appeals. he declared.
If three judges are added to the
District Court. which he recommended,
it would be reasonable. he declared,
- add one judge to the Court of Ap-
peals.