AMERICAN JUDICIARY

Otago Daily Times, Issue 23109, 8 February 1937, Page 9

AMERICAN JUDICIARY

PRESIDENT’S PROPOSAL

SWEEPING REORGANISATION

(United Press Association) (By Electric Telegraph— Copyright)

WASHINGTON, Feb..s,

(Received Feb. 7, at 5.5 p.m.)

President Roosevelt’s unexpected message to Congress recommended sweeping reorganisation of the Federal judiciary, including discretionary powers for the President to increase the Supreme Court by a maximum of six more justices. Declaring that the proposals raise no constitutional issues, President Roosevelt recommended power for the President to nominate an additional judge for any court where the incumbent has reached the age of 70 and has held the office for ten years and within six months after reaching 70 has not retired or resigned Another provision is that no decision, injunction, judgment, or decree on any constitutional question will be promulgated by any Federal court without previous and Ample notice to the Attorney-general of the United States and an opportunity given to the Government to present evidence. Still another provision is that when any inferior court has determined a question of constitutionality there shall be a direct and immediate appeal to the Supreme Court and such cases shall take precedence over all other matters pending in that court.

It is interesting to note that six of the present nine Supreme Court justices are over 70. The President, informally explaining the meaning of the measure, 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 the ever-changing world.”

PRESS COMMENT ON PROPOSAL

WASHINGTON, Feb. 6. (Received Feb. 7, at 9 p.m.) The New York Times, in a leader, says: “ The President’s action leaves him open to a charge of endeavouring to do indirectly what he cannot do directly by cleverness and adroitness in dealing with the Supreme Court.” It is emphasised that President Roosevelt did not give a single hint of such a scheme in his speeches during the campaign. The Herald-Tribune says: “President Roosevelt brought forward a proposal which, if enacted, would end the American State as it has existed for the long years of its life. Despite the artistry of its presentation the brutal fact remains that he would pack the court with six new justices of his choosing and ruling. The President’s power would then be unrestrained and the court’s constitution be subject only to the necessity of consent of a subservient Congress.”

The Los Angeles Times says: “A programme of almost devilish ingenuity cannot be offered in good faith.”

Conservative Democrats have announced that they will lead the fight against an increase in the Supreme Court, but the Republicans are planning to remain in the background, It is indicated that nine justices will be asked to express their views on the proposals to Congressional Committees. , Most of the commentators believe that the President will win.