Evening star., 1939-08-20

Out OF tne UOuDleQ congress lnat mas
just ended came reform which passed
almost unnotced until President Roose-
velt's recent message on the Federal
courts. The court bill he signed the
other day is in reality charter of inde-
pendence for the judiciary.
For the first time in more than $50
years that branch of the tripartite
American system can become independ-
ent insofar as the Constitution allows,
OF the executive arm. 1t is striking
paradox that this change should have
been brought about by the Roosevelt ad-
minstration which has been so often
accused of sabotaging the courts.
The measure creates an administrative
officer who will supervise the functioning
of the Federal judiciary. He will be ap-
pointed by the Supreme Court, he will
be responsible to that court, and he will
serve at the pleasure of the Chief Justice
and the associate justices.
While Congress passed the law author
izing this new Office, the necessary ap-
preparation was overlooked in the closing
rush However, on the day that Congress
adjourned joint resolution was adopted
by both houses authorizing the Depart
ment of Justice to set aside $l50000 of its
appropriation to enable the new Office to
be started. This has been done by the
Department Of Justice, and the court
can now appoint the officer. This will
probably not be done until fall, since the
justices are widely dispersed on their
vacations.
Original Suggestion Overlooked.
The proposal was first made in Presi-
dent Rooseveit's message to Congress on
February S, 1887, suggesting that the
Supreme Court be enlarged from 8 to
IS members. The Supreme Court" he
said. should be given power to appoint
an administrative assistant who may be
called a proctor" This suggestion was
entirely overlooked in the furious storm
that broke over the court enlargement
scheme. as were other proposals for in
creasing the efficiency of the Federal
bench.
While the newly created proctor will
be primarily fiscal officer, he may FILL
under the powers granted to him, a
proposed in the Presidents message, he
will keep a close check on district and
appeals courts throughout the coun-
try. Where a docket is very crowded
and case cannot come to trial before a
year or more, he can recommend that
other judges be named to help out the
sitting judge temporarily Or he may
recommend permanent new judgships.
His function may extend even fur
ther. 1t might be made to cover, for
example, such a scandal as that which
recently broke around Circuit Judge
Martin T. Manton in New York Re-
ports Of Manton's improper conduct per-
sisted for years before any definite
action was taken. While the proctor
would have no authority to initiate any
kind Of investigation, he might con-
ceivably report to the Supreme Court
on such a situation. And the court, or
the justice with supervision over the
district in question might take action
The idea of an administrative officer
who would supervise the judiciary orig
mated with former Attorney General
Homer S. Cummings Mr. Cummings
now practicing law here was present
when the President signed the BILL
beamlng with pleasure and pride over
the final accomplishment of this re-
form. To Mr.. Cummings the President
gave the pen with which he signed the
bill.
Courts Dependency Objected To.
81,
says, that there was something wrong
about the dependence of the judiciary
on the Department of Justice. Each
year in September the Attorney General
Y attends judicial conference at which
budgets and so forth are discussed. The
Government is perhaps the chief liti-
CANT before the Federal court. In per-
haps as many as two-thirds of all cases
the Government is a party.
In view of this fact it is not logical
that the courts should be dependent in
any way whatsoever on the Department
OF Justice. MY idea was to make the
judiciary completely independent. a sep
arate branch of the Government in eyerv
sense"
The proctor, it is planned, will have
his offices in the Supreme Court Build
ing. He will take out of the Department
OF Justice staff of IL or IA clerks and
auditors who have been working on
matters relating to the judiciary. Doubt
less the proctor will add others to this
staff in accord with the new duties that
will be his. AS originally planned, q
budget of s25O0O0 was contemplated TO,
the proctor. The administrative cost.
OF the Department of Justice would be
decreased as result.
Each year before court convenes ir
the fall the district and appeals judge.
will submit budget to the proctor HI
will approve it and likewise will audi
the accounts of the various courts at tn,
end of the fiscal year. He will have tt
travel extensively since in all probability
he will feel that a personal inspection
Of the functioning Of the various courts
Is In order.