CONTEST OF STRENGTH

Manawatu Standard, Volume LVII, Issue 196, 20 July 1937, Page 9

CONTEST OF STRENGTH

U.S. COURT PROPOSALS. A STIFF FIGHT LIKELY. VICTORY PREDICTED. (United Press Association—By Electric Telegraph—Copyright.) WASHINGTON, July 19. While it is believed that the recent death of Senator Robinson, who was considered the most powerful legislative assistant of President Roosevelt, will delay the latter’s Supreme Court plan, it is expected that the Court Bill will ultimately be passed. Senator Robinson’s death presages a fight between President Roosevelt’s supporters and opponents in the Democratic Party, but it is expected that the President will also be victorious in this.

The modified Court proposals have produced a contest of strength to determine if President Roosevelt is strong enough to carry on. One newspaper has said the President is ready to,venture all on the proposals. Meanwhile Congress is compelled to sit through the hot Washington summer, as the result of which the members are short-tempered and very quarrelsome. • Other important features of the programme, including the lapd economy scheme and governmental and departmental reform measures are being delayed. DETAILS OF PROPOSAL. President Roosevelt, in an unexpected message to Congress on February 5, recommended a sweeping reorganisation of the Federal judiciary, including an authorisation for the President, at his discretion, to increase the Supreme Court bench by a maximum of six or more justices.. He declared that the proposals would raise no constitutional issues. Mr Roosevelt recommended power for the President to nominate an additional judge in any Court where the incumbent had reached the age of 70 years and had held office for 10 years and within six months after reaching 70 had not retired or resigned; provision that no decision, injunction, judgment or decree on any constitutional question be promulgated by any Federal Court without previous and ample notice to the AttorneyGeneral of the United States and without opportunity being given for the Government to present evidence; and that when any inferior Court has determined a question of constitutionality there shall be a direct and immediate appeal to the Supreme Court, and that such cases shall take precedence over all other matters pending in that Court. Informally explaining the meaning of the measure, the President said: “Constant and systematic addition of younger blood will vitalise the courts and better equip them to recognise and apply the essential concepts of justice in the light of needs and facts in an everclianging world.” The Supreme Court consists of the Chief Justice and eight associate justice? appointed by the President, with the advice and consent of the Senate. The judges hold office during good behaviour. They may, however, retire with full pay at the age of 70 years, if they so desire, and if they have served a period of 10 years. Until the retirement recently announced six of the members of the present bench were over 70. The Court decided against the New Deal in 11 out of 13 principal cases before the beginning of the new term. During the present Presidency term the Court has decided in favour of the Administration in seven cases. The Judiciary Committee of the Senate decided by 10 votes to 7 to report unfavourably on President Roosevelt’s Bill on May 18. Since then President Roosevelt has modified his proposals.