Evening Star Newspaper, May 6, 1937, Page 8

A—-8 »* AID FOR DEMOCRAT COURT FOES SEEN ‘Bridges Three States Where Senators May Get Re- publican Backing. By the Assoclated Press. Senator Bridges, Republican, of New Hampshire cited Indiana, Iowa and Missouri today as States where Demo- cratic Senators opposing the Roose- velt court bill may obtain Republican aid in 1938 elections. Senators Van Nuys, Democrat, of Indiana; Gillette, Democrat, of Iowa, and Clark, Democrat, of Missouri, foes of the court measure, are among 32 Benators coming up for re-election next year. Bringing party alignment talk at the Capitol to the surface, Bridges said possibilities of new organizations were being considered both by groups that believe administration policies go too far and groups that would go farther. “If the Republican party is to he the vehicle which thoughtful people can use against the New Deal, it must develop & positive program—something it has not done since the election,” the 38-year-old New Englander said in an interview. Approached by Leaders. Bridges, who has been in touch with Btate leaders on speaking trips through the East and Midwest, added: “I have recently been approached by several groups of leaders in both major parties for discussion of either & coalitlon of Republicans and ‘con- stitutional Democrats’ or a new party with the present Republican party s & nucleus. “T have not committed myself to any plan. Presumably I was ap- proached because of being one of the younger and more liberal Republicans holding office.” Talking rapidly as he prepared to leave for a New York visit, Bridges said: “Certain Republican leaders in In- diana, Towa and Missouri have indi- cated by personal statements they are considering coalitions involving sup- port of Senators Van Nuys, Gillette and Clark for re-election.” True in Other States “This is equally true in other States Where Democratic Senators opposing the President’s court bill face stren- uous opposition from the State party organization and the national high command. “Typical evidence of how coalition might work is given by the harmonious working of Republicans and Demo- crats alike on the court issue without thought of partisanship.” Senator Borah, Republican, of Ydaho said yesterday he was not inter- ested in the party situation while the court issue remained unsettled. Arthur M. Curtis, Republican com- | mitteeman for Missouri, spoke last | week of a “spontaneous movement” | among Missouri Republicans to assist Senator Clark. Curtis said Senator | Vandenberg, Republican, of Michigan, widely mentioned already for the Re- | publican presidential nomination in | 1940, agreed that Clark should be helped. Republican Chairman John Hamil- ton announced Representative Snell of New York, party floor leader, and Representative Halleck, Republican, of | Indiana would join him in the second of a series of Republican broadcasts Baturday. night. Hamilton originally was scheduled as the only speaker. Bridges said information reaching him indicated “many of the more rad- ical men affiliated with the New Deal also are thinking of taking advantage of realignment in their own way." He declined to specify. Hope to Form New Party. It became known, meanwhile, that | at least twc prominent Western Re- publican independents in the Senate | hope to promote a breakaway from the present crganization to form a new party. They apparently intended to await disposition of the judiciary issue before proceeding openly and pre- ferred not to be quoted on the subject. “This time is too early to say with any degree of assurance what political alignments we shall see,” said Bridges. “Republicans are talking about formulating the positive program which is essential. Being a new- comer, I hesitate now to outline my views, “But 1938 and 1940 are just around the corner and I propose to take an active part in the inevitable develop- ment of that program. Developments of the next few months on . funda- mental issues will determine what it should be and also show the feasibility or desirability of party reorganization or realignment.” —_— “Safest Driver” Cracks Up. EVANSTON, Wyo. (#)—Shortly after being selected as “Wyoming's safest driver,” P. W. Spaulding drove through soft snow, left the road and was badly shaken when his car turned over, “It's nothing to put in the paper,” he told reporters. Text of Hughes’ Speech . Chief Justice Addresses Session of American Law Institute. The text of Chief Justice Hughes' remarks before the American Law In- stitute: For the eighth time it is my privi- lege to greet you at this annual ren- dezvous of the members of the bar and bench. Last year we paid our tribute to George Wickersham, whose outstanding service as the president of the American Law Institute was the crown of his professional career. To- day we recall the leadership of Elihu Root, to whose vision, creative force and directing skill we largely owe the establishment of this great enterprise of restating the law and removing in a substantial degree the uncertainty and complexity which vex its administra- tion. Elihu Root will be remembered as one of America's most eminent states- men. His service as Secretary of War and Secretary of State will always be conspicuous in an imperishable record. But he was pre-eminently a great lawyer and his distinctive public serv- ice was made possible because he was a great lawyer. He was great not only because he had a rarely acute mind and had mas- tered the technique of his profession, but because he was wise. He brought wisdom not only to the service of his clients but to the carrying out of the highest conception of public duty In | relation to the opportunities of the | bar in improving the administration of justice. His intellectuality was so marked that only those who knew him well fully appreciated his passionate zeal for betterment. Gave Support in Time of Need. When I was charged with responsi- bilities in the government of the State of New York he warmed my heart and gave me fresh courage by his effective support in time of need. He constantly sought to improve the institutions of Jjustice, local, national and interna- tional. How many important endeavors had the impetus of his proposals and his guiding hand in carrying them out! He led in the constitutional con- ventions in New York of 1894 and 1915. He promoted the organization of the Conference of Bar Association | Delegates, which was the nucleus of a co-ordinated Bar of the United States. His sagacity pointed the way to the solution of the difficulties which be- set the organization of the Permanent Court of International Justice. No idle fancies dominated his thought or made his efforts vain. Whenever he appeared there were vision, practi- cable proposals and skillful execution. When the American Law Institute was organized, he clarified the need, he showed the necessary method, he procured the financial aid which made the enterprise possible. He had no illusion as to the difficulties. “We Can Try.” In his initial address he said: “Per- haps we can help.” The “making of a permanent organization to ac- complish the restatement of the law, with the earnest and real interest in the subject on the part of real men, will help; and as time goes on the organization which you have made | may accomplish such relations with other organizations and such addi- tional duties, and avail itself of such opportunities, as to aid all along the line in the reform of law and the reform of procedure.” A prophecy which I hope will be fulfilled as you approach the completion of your first great task. And he added: ‘“We may not succeed, but we can try. Here is one thing we can try. It is something the need of which is universally recog- nized; it is something the responsi- bility for which rests especially upon us. It points the pathway where we will be acknowledged the natural leaders of the democracy in its strug- gles towards better life, toward per- manency of institutions.” | Elihu Root's method was thus to marshal the forces of intelligence in order to meet a specific need in a sensible fashion. use of this method he had faith—an abiding faith—that the competency of mankind to govern itself through Democratic institutions could be vin- dicated. Your notable achievements have been due to that method and have been insuired by that faith—a laborious method, indeed, but what labor is too great if it may serve to buttress in any degree the institu- tlons of an ordered liberty? We erect no monuments to mere shrewdness. We honor Elihu Root for his specific services to the community, but not less, rather chiefly, because his intellectual power and practical judgment, matched by zeal for the public good, dignified the processes of reason by which alone the ends of our social organization may be attained. Court Fully Up With Work. It has been my custom on these oc- casions to refer briefly to the work of the Supreme Court. For several years T have been able to report at these meetings that the court is fully up with its work. I am happy to say that this is true of the current term. We are concluding the hearing of ar- guments, and once more we have And through the | MAKE your mother particularly happy on her special day, give her a2 Kodak with which to take pictures the year round. We suggest a Kodak Six-16 (f.6.3); it is easy to use and its reserve lens power insures splendid snapshots outdoors, even on a cloudy day—or in- doors under inexpensive Mazda Photoflood lamps. Picture size is generous, 2% x4% inches. Price, $20. Come in and let us show you. Bring in your old camera. Let us inspect it and see what we can allow you on a trade-in. EASTMAN Aol STORES... 607 - 14th Sireet N. W, A\ THE EVENING heard all the cases that are ready to be heard. This week cases have been argued which were filed as late as April 20. There are no inordinate or unjustified delays in the Supreme Court. ‘The figures for the current term do not vary greatly from those of the terms of recent years, and I shall not trouble you with many of them. The total number of cases on our dockets for the current term is somewhat less than the number for last term. As of May 1, there were 946 cases on our appellate docket this term, as against 986 last term, or 40 less. This term there have been argued and submitted on the merits 182 cases, including as one case those argued and submitted in a single group, or 218 cases in in- dividual numbers. This number em- braces cases on appeal and cases in which certiorari had been granted. Last term there were argued and sub- mitted 169 cases, or 214 in individual numbers. We have thus far during the cur- rent term granted 123 petitions for certiorari and denied 583. The num- ber granted is ciose to the usual per- centage of petitions which have been | found entitled to a grant under our | rules. These rules, as I said in my| talk to you three years ago, are de- signed to carry out the intent of the jurisdictional act of 1925 in insuring the hearing of cases that are important in the interest of the law. That is, where review by the court of last re- sort is needed to secure harmony of decision in the lower courts of appeal and the appropriate settlement of questions of general importance so that the system of Federal justice may be appropriately administered. Rules Liberally Applied. As I have frequently stated, we are 1liberal in the application of our rules, and certiorari is always granted if four justices think it should be, and, not infrequently, when three, or even two, justices strongly urge the grant. It may also be noted that of the pe- titions for certiorari which have been | acted upon this far during the current | term, 23 were distributed to the justices during the last Summer and were ex- amined by the justices in the recess so that action could be taken, and it was taken, as soon as the court convened | in October. In addition, there were dis- tributed to us during the Summer re- cess 33 jurisdictional statements and 22 miscellaneous motions, making a total of 288 applications which we con- sidered in the Summer recess and were ready to act upon when we met in con- ference at the beginning of our term. Of course, the final figures for the | term, including the total number of cases that will be disuosed of on hear- ing or otherwise, can only be deter- mined at its close, but what I have said is sufficient, I think, to give you a fair idea of the state of our work. Federal Interest Large. An interesting feature of the ad- ministration of justice in the Federal | courts is the large percentage of cases in which the Government is directly interested. Last Fall the Attorney | General reported to the conference of | senior circuit judges that of 45,175 civil cases (exclusive of bankruptcy cases) which were pending as of June | | 30, 1936, in the Federal courts, 13,715 were “United States civil cases.” | In June, 1935, the corresponding number of civil cases was 47,332, of | which the United States cases were | 15,265. In the Supreme Court the Government cases are apparently a | larger percentage of the whole. The | figures given in the last annual report of the solicitor general indicate, on the average, that approximately 40 the STAR, per cent of the cases before the SBu- preme Court are Government cases. Since the establishment of the Cir- cuit Court of Appeals in 1891 there have been four outstanding measures for improving the procedure in the Federal courts. One was the new equity rules, promulgated by the Su- preme Court in 1912, to simplify equity pleading and practice. A second measure was the jurisdictional.act of 1925, to which I have referred, re- lating to the jurisdiction of the Su- preme Court. Two Great Results. ‘That accomplished two results of the greatest importance. One, by en- larging the classes of cases in which Jjurisdiction should be entertained only upon the grant of certiorari, made it possible for the Supreme Court to de- vote itself to those cases which demand consideration because of the public importance of the questions involved. ‘Without such a limitation, no court of last resort could possibly perform its essential function in this great country with its vast amount of litigation af- fecting merely private interests. This limitation upon jurisdiction has work- ed well and the rules of the SBupreme Court, and their administration, have been directed to the carrying out of the intent of the statute and have given to the limitation its just effect, The other result has been that, through the operation of this juris- dictional statute, the SBupreme Court has been able to act as a unit in deal- ing with all the cases before it. In this unique court of last resort, with its special function, that sort of action is believed to be highly desirable. It has the sanction of long usage. Every member of the court feels his personal responsibility and meets it in each case, save in the rare instances Wwhere a particular justice may be dis- qualified. Even if a justice is unavoid- ably absent, so that he has not heard oral argument, he still has the oppor- WASHINGTON tunity to study the briefs and may take part in the conference. In this way continuity of consideration and concentration of - responsibility are maintained. Cases Heard Are Important. It should be remembered that, as & necessary consequence of the princi- Ples of selection under the jurisdic- tional act, the cases we hear are im- portant cases. There are, of course, degrees of importance, but the cases come to us because of their important character. The attention of the gen- eral public is naturally engrossed in decisions of great constiiutional ques- tions. There are those who think that particular cases are especially impor- tant because they relate to subjects in which they happen to be espectally interested. Many, even lawyers, are too near- sighted to observe the important im- Plications in many decisions which attract no general attention. The members of the court are always alive to these implications and watch each case with a critical eye. Cases which the ordinary observer might consider to be relatively unimportant may be- come important precedents, and they require thorough study and discus- sion. The molding of the law is a con- tinuous process demanding constant and exceptional vigilance in a court which speaks the last word in har- monizing conflicts and establishing ths final interpretation of the public law. The justices work under the influence | of this demand and they are keenly conscious of the advantage which has | been found to inhere in their historic | method. The third notable advance in Fed- eral procedure was made in the pro- | mulgation by the Supreme Court, un- der authority of the Congress, of the criminal appeals rules in 1934¢. By these rules, it was sought to simplify appelate practice and to put an end to inordinate delays in the disposition of appeals from the district courts in | criminal cases. These rules are few and simple and it is believed that they will expedite appeals without sacrific- ing any just interest. ‘The fourth measure for procedural | | HERZOG’S, INC., the store for men STORE for . F STREET aZ 9% N. W. ) improvement was the recent enact- ment by the Congress of the statute giving the Supreme Court authority to formulate rules of eivil procedure for the district courts of the United States and the courts of the District of Columbia. The court decided to un- dertake the preparation of a unified system of general rules for cases in equity and actions at law s0 as to secure one form of civil action and procedure for both classes of oases while maintaining inviolate the right of trial by jury in accordance with the seventh amendment of the Constitu- tion of the United States and without altering substantive rights. ‘To give the neccessary assistance in this undertaking, the court appointed an Advisory Committee consisting of members of the bar and professors of law. This committee, composed of eminent experts who have had the advantage of wide experience and have made a special study of pro- cedural questions, has prosecuted its difficult task with unremitting indus- try. No words of mine can pay ade- quate tribute to the zeal, assiduity and intelligence with which the members of the oommittee have labored. A year 3go the commitiee submit- ted to the court, and with its approval distributed for the criticism of judges and lawyers, s preliminary draft of the proposed rules. This draft had the careful consideration of judges and of committees of lawyers in their respective circuits, with the result that the Advisory Committee received many important suggestions. The pro- posed rules were debated in several local conferences. The committee has been sedulous in considering all these criticlsms and suggestions and has now completed a final draft, which will be submitted to the court and will be available for examination by Jjudges and lawyers, Careful Consideration Needed. I trust that this final draft will receive careful consideration during the coming months so that before the court meets in the Fall the committee may have any further advice that judges and lawyers may care to give. Thus another great work which has called for the expert ability and a wide co-operation of the bar and bench is approaching completion. I take this opportunity to express the grateful appreciation of the members of the court of the earnest work of those who have been devoting their time to this endeavor to provide an improved system of procedure for the Federal courts. All these efforts are to make clear the paths of justice. The success of democratic institutions lies in the suc- cess of the processes of reason as op= posed to tyranny of force. Between these society must choose. If society choosee the processes of reason, it must maintain the insti- tutions which embody those processes. Institutions for the exercise of the lawmeking power and for the execu- tion of laws must have their fitting complement in institutions for the interpretation and application of laws, for the safeguarding of individual rights, through a competent and in- dependent judiciary. The firm and true administration of justice is thus the primary concern of civilized society. That adminis- tration must find its ultimate assur- ance, not in statutes or forms, but in ~ROAGHES Made expressly to kill roaches, Peterman’s Roach Food gets them all- and eggs scatter the base. die, leaving INO ODOR. A 24-hour-a-day killer. Safe use. 254, 35¢ and 6o a can at any drug store. PETERMAN'S ROACH FOOD VEN ) D. C, THURSDAY, MAY 6, 1937. the sentiment of a free people—them- selves tolerant and reasonable and \keenly alive to the necessity of main- taining the instrumentalities for the impartial determination of contro- versies. In the spirik and method of your oco-operstion you have shown how thet end may be achieved. Hugh (Continued From First Page.) will return in ample time, if he sees fit, to pass the word to Chairman Ashurst and other members of the Judiciary Committee before they vote on the bill May 18. A compromise accepted by the President might pre- vent an adverse report on the bill to the 3enste. Court Declared Up With Work. Discussing the work of the Supreme Court, the Chief Justice told the Law Institute, of which he was once presi- its work.” The court, he said, is con- cluding the hearing of arguments for the current term, “and once more we have heard all the cases that are ready t0 be heard. This week cases have been argued which were flled as late as April 20. “There are no inordinate or unjusti- fled delays in the Supreme Court,” ne said. He showed that the number of cases on the docket for the current term was somewhat less than the number for the last term; 946 cases on the ap- and submitted on the merits 182 cases. cases in individual numbers. The court, the Chief Justice said, dent, that “the court is fully up with | during the current term has granted | 128 petitions for certiorar! and denied | 583. One of the criticisms of the ad- ministration has been that the court denies too many petitions for cer- tiorari. ‘The denial of such petitions, he ex- plained, is in accordance with the jur- isdictional act of 1925, which insures the hearing of cases that are important in the interest of the law. Stresses Liberal Stand. “As I have frequently stated,” said the Chief Justice, “we are liberal in i the application of our rules, and cer- | 81 for the public good, dignified the tiorari is always granted intrequently, when three, or even two, Justices strongly urge the grant.” preme Court are Government cases. lower courts. tance of the questions involved.” Without such a limitation, he said | limitation on ! worked well. its Another benefit, it four| Justices think it should be, ané, not | ‘The justices during the Summer re- cess of the court, he pointed out, give consideration to many petitions for certiorari. Apprcximately 40 per cent | of the cases coming before the Su- | The Chief Justice laid stress on the | value of the jurisdictional act, where- by the Supreme Court is precluded | from hearing a very large number of cases that have been decided in the The act enlarged the classes of cases in which jurisdiction should be entertained only on the grant of certiorari, making it possible for the Supreme Court to “devote it- self to those cases which demand con- sideration because of the public impor- no court of last resort could possibly | perform its essential function. The jurisdiction has he pellate docket as of May 1, as against | said, has been found in the fact that 986 during the last term. During the | court has been able to act as a unit cussed before the Judicature Society present term there have been argued in dealing with the cases before it.|yesterday by Prof. Thurman W. Ar- Chief Justice recalled that this the eighth time it had been his privi lege to address the Law Institute at its annual meetings. He paid tribute to the late Elihu Root, praising his leadership and vision in the establish- ment of the institute. “We erect no monuments %o mere shrewdness,” he said. “We honor Elihu Root for his specific services to the community, but not less, rather chiefly, because his intellectual power and practical judgment, matched by | processes of reason by which alone tha ends of our social organization may | be attained.” '| The Law Institute is meeting for three days, following the one-day an- nual session of the American Judica= ture Society at the Mayflower yester- day. Former Senator George Wharton | Pepper of Pennsylvania, president of the institute, delivered the opening | address and was followed by the Chief Justice. Most of the institute’s deliberations are of a strictly legal nature, devoted to restating the law in the light of recent, decisions of oourts throughout the country. The institute’s annual dinner will be held tomorrow at 7:30 p.m. with President John Stewart Bryan of { William and Mary College and Prof. W. Barton Leach of Harvard Law School as the speakers. Other sessions today, tomorrow and | all of Saturday will be devoted to dis- cussions of legal problems by the membership. The President’s court plan was dis. | During the hearings on the court bill | nold of Yale University, now serving review. including as one case those argued and | proposals were advanced by some of as an assistant to Assistant Attorney submitted in & single group, or 218 | the witnesses that the court act in| General Robert H. Jackson, and Judge sections on cases that came seeking | Clarence N. Goodwin, ‘Washington lawyer, former member of the Ilinois At the outset of his address, the Appellate Court bench. 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