Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-03-09
American Bar Head
AsksFixed Political
Balance on Bench
BY Howard [. Dutkin

A constitutional amendment
requiring that Federal judgeship
appointments adhere to a fixed
political balance so neither
political party can dominate the
courts was urged last night by
the president of the American
Bar Association.
The proposition was expounded
by Lloyd Wright. Los Angeles at
torney and head of the associa-
ton. in a speech before members
of the District Bar Association
in the Mayflower Hotel.
TOO many members of Con-
gress and too many occupants
of the Executive Offices have re-
garded the courts as fair game
for their selfish political maneu-
vering," Mr.. Wright declared.
AS a further barrier to in
roads on the independence OF
the judiciary, Mr.. Wright sug-
gested that the Tax Court and
the territorial courts be inte-
grated into the constitutional
Federal court system. hence
achieving Constitutional guar
antees of independence.
Creatures of Congress.
The Tax Court and the terri
torial courts, among others. cur
rently are Legislative courts" in
that they are entirely the crea-
lures of Congress. Legislative
courts were created under power
given Congress to form agencies
to carry out its legislation, Their
judges, unlike those in consti-
tutional courts, have a fixed term
and their salaries are subject
to reduction.
The speaker backed the reso-
luton now pending in Congress
to invite the Chief Justice of
the United States to appear an
nually and report on the state
of the judiciary.
Such a report would serve to
emphasize the position of the
Judiciary as an equal branch OF
the Government and would bring
to the attention of the legislators
the facts now heard only by a
small subcommittee Mr.. Wright
asserted.
Spread of SubServience.
Embodiment by the courts in
political controversy has result
ed in the judicial branch be-
coming more and more sub
servient to the legislature and
to the executive" the speaker
stated.
In large measure, Mr.. Wright
said, the fault is that of the
judges themselves.
The bar association leader
criticized judges who forget 1.-The
OBLIGATIONS Of their Office" and
engage lin unseemly political
controversy.
He found fault, too, with the
practice of judges entering the
political arena" by accepting
executive appointments to Spe-
cial commissions. This, Mr..
Wright saw as undermining pub
lie confidence in the impartial
ity of the courts.
Mr.. Wright hit at the legisla-
tive branch for what he saw as
misuse of power in placing GER
tain limitations on courts created
by constitutional authority.
Cites Injunction Curb.
AS an example he cited the
Norris-LaGuardia Act, which by
limiting the jurisdiction of the
courts, has the effect of prohibit
ing the use of injunction in labor
disputes.
Leaders of bar and bench were
in the large audience who heard
Mr.. Wright. Among those pres
ent were Justice Harold H. Bur-
ton of the Supreme Court and
the chief Judges of the U. S. Dis
trict Court for the District of
Columbia and the Municipal
Court of Appeals. Chief Judge
Harold NJ. Stephens of the U. S.
Court of Appeals for the District
of Columbia was reported at the
Mayo Clinic for physical
checkup.