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Supreme Court — Part 19
Page 14
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Parter of the President's anti
policing. TS UF
; g candidate to succeed
Mceynolds is Senator James F.
Byrges «<D), of South ‘Caroliha,
who has been the Administra
“a chief legtdative apok
year in conrlection with
Yoreign policy legislation’ such ‘as
the British aid program and im-
portant defenge measures, H
Retirement of Hughes will leave |
two jurists stil] In active sery-:
who ‘were on the high beach
when Mr. Roosevelt took office in
1033. They are Associate Jus
tices Harlan Fiske Stone, 68, ap-
pointed by President Coolidge, and
Owen J. Roberts, 66, appointed
by President Hoover, . ;
Yackson Only 4 ;
’ Mr. Roosevelt already has ap
Polnted Associate Justices Hugo L.
Black, Stanley F. Reed, Felix
Frankfurter, Wiliam ©. Douglas
and Frank Murphy.
It is reported that Mr. Roose-;
velt is seeking to persuade Murphy
to return to his old position of
high commissioner of the Philip-
Pine Islands because of the im-
portance of that insular outpost
in the war crisis. The present
commissioner is Francis Sayre,’
Murphy served ag the high com-
missioner from 1933 to 1936 and
knows the islands well, although
he was unpopular in some quar-
Jackson is 49 and a native
Jamestown, N. ¥. He came
Washington at the outset of thi
sevelt Administration and rose
to||power step by step—gene
collnsel for the Internal Revenue
Buleau, Assistant Attorney Gen:
er®] tn charge of the Justice De
partment’s tax division, Assistant
Attorney General in charge of the
anti-trust division, and fthally, in
January 1540, Attorney General,
“Middle-of-Roader” |
Hughes, whose white beard
known far and wide, was the most
potent voice in charting the high
court’s policies through the 1940's!
when it outlawed so many New
Deal programs and incurred the
bitter wrath of the Administration.
’ In general he is regarded as a
tmiddie-of-the-roader with liberal
tendencies. He voted with the
majority in several anti-Admin-
tration decisions during Mr.
Roosevelt's first term but, accord-
ing to widely-credited reports, he
did so several times only to avoid
§-to-4 divisions.
When Mr. Roosevelt proposed
famous court reorganization
am in 1937—a plan that di-
Vided Congresa into bitter
hoftile camps—Hughea took a
acYve but undercover part in th
¢ to block its passage,
fended Court Speed
e only occasion. when the
Into the gpen was when) in
ithe midst of hearings before jhe
\Ben Judiciary Cammittee, fhe
‘wrott a letter to Senator Burton
iE, eeler (D.), of Montana,
jeiting statistics to show that the
‘court was abreast of its docket
jand that the advanced age of the
jJurists was not slowing down its
lwork. - ”
| Mr. Roosevelt had - oifed con-
Rested dockets and the advanced
age of the jurists as reasons why
the tribunal should be enlarged
and infused with younger blood.
Wheeler, a leader of the opposi-
tion, read Hughes’ letter to an
open session of Judiciary Com-
Inlttee and it was widely regarded
as one of the opposition's most ef-
Ai? TRAvGE
fective moves.
After defeat of the socalled
“court packing” plan, the Chief
Justice resumed his hermitlike
forbearance of non-judicial public
j life, lol
| Retires at Full Pay
Aithough the court bill was de-'
feated, Mr. Roosevelt actually won
[his objectives ag a result of re-
jtirements under the Supreme
; Court Retirement Act which was
slipped through Congress during.
eee
the reorganization fight.
The measure permits retire-
‘ment on full pay of any justice
who has served on the bench for
‘10 years and reached the ages ot
|70 ears
‘whree Justices who voted solifly
‘agiinst New Deal measures
‘tiryd in accordance with the la
ithe jJate Willis Vandevanter,
George Sutherland, and McRey-
molds, One proNew Deal jurist—
Louis D. Brandeis—stepped down
Hughes becomes the fifth t
to thke advantage of the ritire
ment law. i
‘Note le Attendance Record
One anti-Roosevalt Justice—
Plerce Butler—died, as did one
ProAdminisiration jurist, Benja-
min N, Cardozo. roe
The result is that five Roosevelt
appointees already sre on the
bench—~a clear majority—and two
{more will be chosen when the
President replaces Hughes and Mc-
| Reynolds. ‘ i
1 Hughes has compiled a notable
attendance record, never mij 4
& single session from the e he
: office in 1930 until he fli il]
‘{in 9938, When the court mej, he
ij wad the first, Justice to file into
1jthe, bench, striding forcefully be
. neath the heavy plush drapes at
|the rear of the imposing chamber,
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