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Supreme Court — Part 19

107 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 107 pages OCR'd
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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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