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a4 JAN 7 1944 i | High Court Rule | Wrangle Looms’ ay Sr eae In 2Big Cases? By BANNING E. WHITTINGTON A fight peralleling in intensity eSIGehe ROUSE VEIC ES TISCOTiO ue pr rame _ivolirt“ teorganization -mam- PalaD in 1937 may develop about the trib a y HieF Executive will be ap omook- fT sithougnh De Uitimaiely may a é¢ an nactive hand. | are three moves _to change th the. court's Jegal quorum without changing the numerical | size 4s proposed | so jhat two cases of great import, now hahging fire, could j' reop- enrid, — | Fire Constitute Quorum . They are the Governm a anti- trust trust _suit against Ccmpany meng , KHOWD as coa, ani ties an i e Commission ns orth American D gompany,. a uti jo ar "$190. 000,000 of as- ee justices have constituted a! quorum since the days when the tribunal numbered i1.1In the Alcoa ‘case, four of the present nine jus- tices — Chief Justice Hartan F. Stone and Justices Stanley Reed, Frank Murphy and Rohert H. Jackson—have disqualified them- Ives because of prior connection th the Department of Justice. A quartet of justices whose an iis Feshuffled. Prospective Ways Gut At present there are two phos pective ways out, Congress fan pas} a law changing the quo’ rulq, or the cases can lie in akpy. until the court’s membership Three remedies thus far pro posed have come in for violent criticism for fear that if the legal quorum were reduced the court ould be “unbalanced” and conse uently become unrepresentative of the true court majority. Cne is a bill by Representative!. Hatton W. Summers (D5. of exes, chairman of the House udiciary Committee, under which five justices would constitutes a mch—or quorum—permitting je isions on a three-to-two divided “The American Bar Association's eaction was instant. It called the bill “ad hoe in character.” his means that the cases tied up might be cleared but that there would be established a dangerous molew wherehy a thrasinAca Polly Watee ey syeo uses majority could adjudicate ques- tions of sweeping, national im- portance. | Other Measures Proposed A second plan—by Representa- tive Zebulon Weaver (D.), of North Carolina, would automati cally remand the cases to the Cizeult Courts of Appeals where they originated. ! The third alternative—dug- gested by Representative Kules Kefauver (D.), of Tennesseb— would euthorize retired justices, to fil {} quorum. Siiould any of the plans be Tolson™” E.A. Clere Coffey Gisvin_ AM: Ladd NBA pBietor 07 Mr. Rosen Mr, Traey Mr. Acers Me, Carson Mr. Harbo Mr. Hendon Me, Mumford__ Mr. Starke Mr. Quinn Tams Mr. Nesse_ Mins Gandy Mr. Mr. Mr. Mr. Mr. names have never been made pub-| |] puslied, a long, bitter fight is cer- lic, algo pave held themselves in- tain, . eligib the North Amert ——_ 7 case. itn both actions thus tied up thé: court has transferred thiim ~ to a cia] docket—pending fle ' . ‘ | Felopiments. / 4 oo - A ad -~ ft Apat Rle -hieD ysDBP' BY JAN & 1964 4 ees eee JAN 3 1944 WASHINGTON TIMES-HERALD Page p=