Evening star., 1938-03-20
STEP T0PROTECT
COURT ADVOCATED
Bar Unit Asks Amendment
to Guarantee Supreme
Tribunals Future.
BY the Associated Press.

BY the Associated Press.
NEW YORK, March ia drive to
amend the United States Constitu-
ton to guarantee the future independ-
ence Of the Supreme Court was pressed
today by an influential unit OF the
American bar.
The Federal Legislation Committee
of the New York City Bar Associa-
ton, In a communication to the Judi
ciary Committees of both houses OF
Congress, asked these three things
l. A constitutional amendment def
nitely setting the number OF Justices
at the present figure, nine.
2. Another amendment making re-
tirement Of justices mandatory at a
set age, preferably mot less than IS"
years.
3. Adoption Of law creating an in
dependent agency to hsndle the court
finances, which now 60 through the
Department OF Justice, an administra-
tive branch of the executive arm of
the Government.
Wants Action Now.
Action should be taken now, the
Bar Committee report which accom-
panied the communication said, so
that the problem can be considered
calmly on its merits. free from the
confusion and controversy" which at
tended President Roosevelts sudden
court reform campaign o. 1887.
Mr. Roosevelt's effort was char
acterized by the report as an attempt
Ito bring about retirements by other
methods intended to be quick but ap-
praised by the people as dangerous.
Behind the committee report was
the full power of the bar OF the
Nations largest city-42OO lawyers.
The report pointed out that estab-
lishment Of specific number of Su-
preme Court justices would All an
omission that has been in the Con-
stitution ever since that document was
written and would also prevent any
President from pushing through Con-
gress court enlargement scheme such
as the President attempted unsuccess-
fully last year.
AAVseSNiVh hSA SAhSS ACklu&.
Putting the matter beyond the
reach of Congress, the report said,
lis one of the surest projections
against packing schemes.
We urge the submission and favor
the adoption of an amendment to
fix the number at nine"
The proposal to make retirement of
aged justices mandatory was in line
with President Roosevelt's plan, but
there were differences OF detail.
The Bar Committee advocated, for
example. that the compulsion not ap-
ply to justices now on the supreme
bench. The President proposed the
opposite.
1t advocated also that upon retire
ment of justice his post should
automatically become vacant. This
would eliminate debate-such as oc-
CURED on the seating of Justice Hugo
Black to replace retired Justice Willis
Van Devanter-over whether va
cancy existed after justice retired.
Plan for Retirement.
1t advocated that retirement become
effective not on the instant he (the
justice) attains the specified age. but
at some convenient ensuing date-such
as at the end Of the term Of the
court"
The Roosevelt plan called for re-
tirement at 70. The Bar Committee
said it should be mot less than 75."
The proposal to give the court an
Independent fiscal agency is the same
as that advanced by Attorney General
Cummings.
1t provides for an administrative
Office of the United States courts
with ,000-a-year director, sub
ject only to the Chief Justice and
completely free from the Executive
and the Legislature. The Federal
Governments Central Budget Bureau
would have no power to change the
directors budget estimates, although
Congress would still have the power
to regulate appropriations.
Cloyde Laporte, chairman of the
Bar Association. said he had sent
copies of the report to the Judiciary
Committees of both houses Of Con-
gress with plea for immediate con-
sideration.