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7 . — 0-19 (Fey. 7-18-58) Sa _ i an ee RN RR CARVE WIth wustices, detailed ‘report attacking the Earl Wa wa me Fa ’ be 5 t Q ne. agrees ries Shor NINE JUDGES ON TRIAL t= At Pasadena, Calif, last Aug, 28, the Conference of fed a long, Court Gs4. Pe 8. Chief Justice Earl Warren eee et ee ew cn ed ooo cen, by & Vote 02-268, ar upreme in language a lawyers ever permit themselves _ =. te put on paper. The Warret- Court, said the ; chief justices of the supreme ‘ courts of %&% of the states, has taken to invading the territory of Congress and making laws on its own, instead of leaving that job to the Senate and the House, whose business under the Constitution is to make all federal laws. - As the atte chief justices put it, the Warren Court ‘ often has tend to adopt the role. of. policy maker without proper judicial restraint.” This was a very tough indictment of the high court, because it came from judges of other courts. Therefore, it was expert testimony, not just some squawking by ama- four critics not inad not trained i in the legal p pr rofession. But there was— WORSE TO COME - —for the Warren Court; and it has now arrived via the ~U. S, News & World Report, the esteemed weekly news magazine published in Washington. circuit courts of appeals, as to whether they agreed or disagreed with the state supreme court chiefs, The T. ‘ale the Poli Tells Results of this poll have now been published in the magazine’s Oct. 24 128 of the federal judges, or 36.5% of the total number. Professional pollsters such as Dr. George Gallup regard a response of 30-40% in such canvasses as “very good”—far- above average. Of the 128 judges answering the questionnaire, “46% agreed with the state chief justices in their denunciations. . of the Warren Court, 39% disagreed, and 15% wouldn't . Bay yes and wouldn't Bay no. Of those who did say yes or no, 54% agreed with the state j tices, and 46% disagreed. se, us, it-is evident that there is— 58! “ BINA 1958 _ Answers to the short questionnaire were received from . - 4 ee ink a Tele. Holloman Gand [ca- ffi Fe A, ° Sn _—H ™ NOT RECORDED {99 NOV 3 1958 When the atate chief justices’ complain t became pub- | lic, the USNWR set out to poll ail 351 ofthe judges, active | - and retired, on the U. 8. district courts‘and U. S. ee Wash. Post and Times Herald Wash, News’ Wash, Star N. Y. Herald — ———. Tribune N. Y. Journa]-_____ American N. Y. Mirror —_—___ N. Y. Daily Newsef_— N. Y. Times Daily Worker The Worker New Leader ____—_—— er 28-1958 Date ———__-—_—_