Evening star., 1949-07-15
Judgeshiip Curb
Snags Measure
In Conference
House Conferees
Reported Baking U. S,
E-EmpIoye Proviso
a.. u->Il H>
By Harold B. Roqers


House and Senate conferees over
the issue of restrictions on District
Court judges.
House conferees, it was learned,
have baked on carrying through
what was said to have been an
agreement yesterday curtailing the
jurisdiction of District Court
judges formerly employed by the
Federal Government.
The controversy is holding up
final congressional action on bills
already approved in different form
by both House and Senate to add
more than a score of new judges
to various United States District
and Circuit Courts.
Agree on Number.
No longer In dispute is the pro-
vision. agreed to by conferees last
week, to add three new Judges
each to District Court and the
Court Of Appeals here.
But controversy still is centered
over some restrictions for all Dis
trict Court jurists, growing out of
an attempt recently by Senator
McCarran, Democrat, of Nevada to
limit the appointment of Federal
lawyers to the District bench.
Chairman McCarran sponsored
and the Senate approved last
month an amendment to the ma
tional judges bill which would limit
the power of the President in
nominating lawyers for Federal
judgeships. This was objected to
by House conferees as unconstitu-
tional when the measure went to
conference.
At a meeting of conferees
earlier this week, according to
one member, it was agreed tc
strike the McCarran proviso. New
language was agreed to. it was
reported, to provide a means for
Federal District judges to dis
qualify themselves in cases in
volving a Federal department in
which they had been employed
during the 10 years Immediately
preceding trial Of the case.
Permits Challenge.
A litigant, under this proviso
would be permitted to move that
the. judge disqualify himself be-
cause of his previous Federal EN-
ployment. But the jurist would
be given discretion. He could sit
on the case, If he so chose. but
the record. including the litigarit's s
motion for disqualification and an
affidavit submitted by him, would
be usable If the case went to ap-
peal, as a possible cause for re-
versatile error.
This disqualification proviso
would be added to section OF
the United States judicial Code
which carries already other causes
for disqualification by a judge
1t would apply to all District
judges in the country.
The proposed amendment was
understood to have been agreed
to by both House and Senate con-
ferees. But late yesterday House
conferees were said to have re-
fused to sign the conference re-
port.
Indications from reliable quar-
tiers were that the Justice De-
partment objected to the proviso.
House conferees were holding
out today for another conference
to 60 into the matter further,
probably next week. Some in
sisted the disqualification pro-
posal should be killed.
Ceiler Cites Objections.
Representative Celler. Demo-
crat, Of New York, chairman of
the House Judiciary Committee
who heads the House conferees
said:
There is no final agreement.
We feel that the President should
be free in making nominations.
He should have untrammelled
power of nomination. This pro-
posal would considerably restrict
such power"
The proviso. he insisted, not
only would have an effect on
lawyers appointed to the bench
from the Justice Department. but
also on Federal attorneys from
other Federal agencies, nominated
to the judiciary.
The original McCarran restric-
tions, approved by the Senate
but rejected by the conferees,
would have required that all three
nominees for the proposed new
District Court positions had been
actively engaged in private prac-
tice of law" Furthermore, they
could not have had Federal en-
ployment for the three years i'm
mediately preceding their ap-
pointment.
Two of the three would have
been required to have engaged IN
private law practice here for at
least five consecutive years prior
to appointment.