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) titute Justices ar * O- be (Rev. 9-7-56) sate Tolaon rged for High Court/ a - Ry JAY G. HAYDEN = ., 7 4 “163 M Herth smericna Newmaper Alllanet aes Pp 1 | se hac? Bill, mich tation ng Gee the Suprem Rosen enmer Bill, w poses . \- Batts poser to override congressional and State authority, 18. rome - bes also come up with « suggestion of tts own which very weil, Trottet may attract strong sipport. yt Nease . This plan, which the ABA approved in principle at ite eur-. Tele. Room rent Atlanta meeting, would re- OO s.. Holloman quire full nine-member partiei- {qualified themselves, Tom Gandy pation in decisions of all cases. jbecause he had lsunched the. This would be attained by cre-janti-trust action in questign. ation of a panel of judgesias Attorney General under drawn from among the 87|President Truman and John. members of the 11 United|Marshall Harlan because he. Btates Circult Courts of Appeal.jhad been an attorney for the. They would be called up for|DuPonts. Associate Justice. temporary service on the Bu-/Whittaker sould not vote he- preme Court a@ needed. cause he arrived in the court Whenever the Supreme too late to lsten to arguments Court was shorthanded, or * as when sitting judges remove|_ The crucial point is that any: themselves from consideration |Supreme Court decision by leas of a case because of persona) |than-. overall majority inevite:' could summon one ct more sub- abated until at least five: stitutes to fill the bench for a /Judges of the high court can. ‘particular lawsuit. - The Bar Association agreed wholly with the disadvantage any (anti-trust ‘of a system by which any judge can withdraw himself, with the effect of causing the Supreme Court to render some of its most important deci- alons with less than the mini- mum five-member yoting either Way. Legal Study Set ) But the association appointed “a committee to study the legal {possi sity of bringing in sub- stitutes. The Constitution re- quires al] members of the Su- preme Court to be appointed by the President and confirmed ‘py the Senate, and the same principle applies to all other Federal judges. The question is whether a ‘wer court Judge could be ad- vanced temporarily to the Bu- preme Court by legislative en- actment and, lf not, just how such a transfer could be at- tained legal]. It could be done, of course, by -ponstitytional & recent striking illustration ef the effect of under- manned court was the 4-2 finding Igst June that. ©. 4. ‘du Pont de Nemours & Co. ‘was in violation of the anti- trust law because of ita 23 per be assembled on the same aide. | The DuPont indictment fer- criminal disobservance of the: law occurred in 1949. It was late in 1954 when United States District Judge Walter J. Labuy of Chicago de- livered the first decision in the case, exonerating the DuPonis, majority [Eight years had elapsed before the Supreme Court acted the case, and then it sctualy settled nothing. : Negotiations SHH On For nine months aince then Judge Labuy has been nego- tieting for a consent decres but with everybody knowing that neither side will yield without carrying the case back to the. Supreme Court. Probably it will be two years more before the. issue again reaches the Si-+ Preme Court, and then ces- celvably with a short attend- ance on the bench. oo The high point of Sunreme Court short-handedness may have been in 1946 when, with. conducting the Nuremberg peat- war trials, Chief Justice Steme died suddenly. ee Even before Justicé Stone's death, 15 cases had been set for reargument becaus the avpilable jugges divided four te four. i? eent holding of stock in the | General Motors Corp. Two Bisqualify Selves In that case two fustices did- 39° 64 MAR 18 135¢ EM WR ED od OF Wgsk. News ash. Star Wash. Post and Times Herald -~A3a N.Y. Herald Tribune N.Y. Journal- American Vo Mieense aa WHETOR N. ¥. Daily News ——_ N. Y. Times Daily Worker The Worker New Leader