Indianapolis Times, Indianapolis, Marion County, 5 February 1937 — Page 1

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scrips —#owARDY VOLUME 48—NUMBER 284

I —— —

ROOSEVELT ASKS COURT REFORM, JUSTICES

REME BENCH

RIGHT TO

——— A AA

SHERIFF SEEKS

GUARD TO OUST AUTO WORKERS

Call to Governor Follows

Issuance of Writ to General Motors.

BULLETIN FLINT, Mich, Feb, 5-—Capt Phil Pack, Ntaional Guard press officer, said at 2:20 p. mu: “The conference at Detroit will be over within an hour and everything will be settled satisfactorily.” He declined to enlarge upon the statement.

By United Press FLINT-—Sheriff calls for National Guard to help enforce eviction writ obtained by General Motors. Writ also calls for arrest of Homer Martin, 14 other union leaders.

DETROIT—Conference enters third |

day under pressure from President Roosevelt, who asks early settlement. Parley was halted tempovarily when word of the issuance of the writ was received from Flint, I nited Press

FLINT, Mich,

Feb 5.-~Sherift

Thomas W. Wolcott, announced to- |

day that he had asked Governor Frank Murphy to give him the assistance of the National Guard to enforce an eviction writ against 1200 sit-down strikers in two General Motors plants. The sheriff awaited word {rom the Governor—who was presiding at a peace conference hetween General Motors executives and United Automobile Workers’ leaders at Detroit --before attempting to enforce the writ Judge Paul V, Gadola signed the

writ this morning at the request of |

General Motors lawyers, who coms= plained that the judge's injunet'on issued Tuesday had been ignored by the strikers. Martin's Arrest Ordered

Arrest of Homer Martin, president |

of the U. A. W., and 14 other unionists was ordered. Sheriff Wolcott, who under went immediately to Judge Gadola At 12:45 p. m. he stepped out and announced: “I have telegraphed the Governor and asked him to give me the assistance of the National Guard in enforcing the writ of body attachment, which requires the men be brought to court. I will do nothing until IT hear from the Governor.” He went to his office to await a $all from Detroit, “It all depends on the Governor,” i said, It was indicated that he ad no plans to employ 600 citizen fpecial policemen, recently sworn in, $0 enforce the court order. Most, of the union leaders waited AL Flint local headquarters. The men in Fisher Body Plants Nos. 1 and 2, who telegraphed the Governor last month that any attempt to move them by force would result in a “blood bath of unarmed workers,” did not learn of developments immediately. Union strategists and lawvers met Hurriedly in Detroit and Flint to (Turn to Page Three)

CITY TO PAVE TWO NORTH SIDE AVENUES

The Works Board today pave and resurface Ave. and Hillside Ave. from Lewis St. to 25th St. at a total cost of $210,000, of which the city will pay $60,000.

BOB BURNS Says; VW FLL theres

the world that scares me as niuch as a sure thing. I heard a fella tellin’ about a horse he was gonna bet on the other day and he had a thousand reasons why this horse was gonna win. Well, after the race, he found out there was just five reasons why the horse lost -that was the other five horses. There's a weak link to every chain. That's the reason a fella should be awfully careful about recommendin’ anything to his friends. I learned my lesson from bitter experience. Not long ago they was havin’ a picnic and a barbecue down home and they wanted me to send them an outdoor attraction. They says “We want somethin’ sensational that we've never seen before.” Right away I thought of this champion nail sitter that had worked with me in a carnival show and I knew that he would give these people down there a thrill of their lives. This fella not only walked on these sharp points of these nails and sat on ‘em, but he laid down on ‘em with his bare back, with another board filled with sharp pointed nails restin’ on his chest and he'd let 'em lead a horse over him, Well, when the fella got down there, he found out he couldn't do his act out in the open because the Arkansas mosquitos were so bad. (Copyright, 1037)

decided

fo Roosevelt

the | law is compelled to enforce the writ, |

Mer To Above, Starts Back Up

| HOURLY TEMPERATURES

105. Mh... 11 a. mM... HN 12 Noon. .... 2! 1pm,

There was a good deal of plain and fancy shivering going on in Indianapolis today as the mercury took a fall to 12 above at 6 a. m, It stayed right around there for the benefit of people coming to work and then began a slow climb, The Weather Bureau said it will get warmer and warmer and that snow late tonight will change to rain. The lowest tonight 25, the Bureau said.

will be about

STORES OPENED AT NEW ALBANY

Cleanup Work Started as Governor Arrives on Inspection Tour.

By TRISTRAM COFFIN Times Staff Writer NEW ALBANY, Ind, Feb, 35. Mator-driven portable pumps today began sucking the tag ends of the | Ohio River out of business sector | pasements here as New Albany made ready to reconstruct, For the first time, merchants to- | day re-entered their stores, looked | [things over, and petitioned Governor | Townsend, on tour here, for WPA help, for disinfectants, and other | rehabilitation aid. When officers of the Mutual Trust | found stacks money on the | counter behind the screen, just | where they had left it before the | water came up. Officials of the American Bank | pegan drying out bonds and said | they seemed to be intact despite the soaking. Troops Withdrawn

The Naval Militia stopped Governor Townsend and his party and demanded to be shown military passes. Governor Townsend and New Albany City officials reached | an agreement whereby all but a handful of National Guards will be withdrawn and American Legion members will be deputized for guard duty. | Wayne Coy. State WPA Director, | said that WPA workers will be at work in this sector by tomorrow, removing the coating of yellow mud | | that flood waters left, The Governor left noon for Louisville. The Indiana Flood Emergency | Project, created after the 1936 | floods, has received an additional $1,000,000 from WPA headquarters | in Washington, Charles Wilson, As- | sistant State PWA Director, an- | nounced. | This project will employ WPA | (Turn to Page Three)

shortly after

TIMES FEATURES | | ON INSIDE PAGES

Movies 16 Mrs, Ferguson 19 | Mrs. Roosevelt 19 | Music + 39] Obituaries ..

Radio Scherrer Serial Story.. Short Story.. | Society «uve Sports ... 2 | State Deaths. Sullivan Wiggam

. 19 | 34 |

23 |

30 27 |

“se Panes

20 35

cury Falls

PLAN AFFECTS MAJORITY OF HIGH TRIBUNAL

Four of Number Have Been Consistently Against New Deal Acts.

ONE BACKS PRESIDENT

‘Hughes, Also Eligible to

Quit, Holds Balance of Power.

IT'nited Press WASHINGTON, Feb, 5. — Six members of the Supreme Court could be retired under President

Roosevelt's plans for a reform of | the judiciary recommended in his |

message to Congress today. Of these, four have voted consistently against the New Deal while only ently for it in the crucial legislation on which the Court has passed in recent vears. The other, Chief Evans Hughes, 74, also is eligible for retirement, but he has been a bal-

{ance of power on New Deal ques-

tions. His vote, with that of Justice

Owen J. Roberts, the Court's young- |

est member, have been necessary

along with those of the three liberals on the bench in order to give the | New Deal a majority.

Failure of this combine to develop caused the condemnation of the Agriculture Adjustment Act.

Others Could Retire

Aside from Justice Hughes the |

others who are eligible for retire-

| ment are:

Willis Van Devanter, 77, dean of the Court, who voted in support of the New Deal only in the TVA test

| Cases,

James C. McReynolds, appointed

| by President Wilson and who cele-

brated his 75th birthday this week,

| who voted against all major New

Deal legislation including TVA. George Sutherland, 74, a former United States Senator from Utah, who voted in favor of the New Deal only in the TVA case. Louis D. Brandeis, 80, oldest member of the Court and famous militant liberal, who voted in favor of the gold clause invalidation, AAA, the Guffey Act. Railroad Retirement Act and other major New Deal measures with the exception of NRA. Pierce Butler, 70, former railroad

| lawyer, who voted to uphold TVA,

but against all other major New

Deal "acts

COMPROMISE ENDS

WEST COAST STRIKE

40,000 Maritime Workers Return to Jobs Today.

By United Press SAN FRANCISCO, Feb, 5.-The Pacific Coast reopened its strikelocked ports today. A compromise

either side.” The agreements provided pay in-

34 | creases ranging from $10 to $15 & of any such court or cou

month, cash payment for overtime, ani working conditions “standardized as far as possible.” The men

$27.50 monthly.

{

‘Rebels Defeated in First

Major Attack on Malaga

| By United Press GIBRALTAR, Feb. 5-—Wounded | Rebels in great numbers poured into | field hospitals at La Liena today, casualties of the attack on Malaga | by land, sea and air. Beaten back in their first major | offensive yesterday, largely because | of surprising Loyalist airplane strength, the insurgents today were busy fortifying the railway between | Fuengirola and Malaga, their line | of communication, for a new, more | vigorous attack. Government airplanes gave the | Rebel forces no peace today as they | followed yesterday's victory with a severe “mopping up” on all sides, Rebel cavalry was driven from the hills about Malaga by squadrons of planes which roared over | the endangered area bombing and | strafing the horsemen and clear- | ing occupied towns of Rebel troops. Wounded eyewitnesses said the Loyalist airplanes flew at a sur-

p ly low altitude in the main

fighting yesterday, machine gunning the Rebel trenches as fast as they were filled. The Government air force attacked the Rebel fleet which shelled the coast all the way from Fuengirola to Malaga, as the offensive began, causing ships to flee to the open sea. A submarine of undetermined nationality shelled the main road along the coast at Casa de Ferro, near Motril.

By United Press MADRID, Feb. 5.-—Loyalist infantrymen pushed a sharp-pointed salient north from West Park into University City today, fortifying every inch of the way as they went forward into Rebel territory. At the same time they bombarded the Hospital Clinico with 75's as the process of leveling that $2,000,000 uncompleted structure proceeded, The 1000 Rebel soldiers trapped there fought doggedly on, nursing their ammunition and supplies,

one has voted consists |

Justice Charles |

FRIDAY, FEBRUARY

Matter Indianapolis, Ind.

Fotered ax Second-Class aL Portoffice,

PRICE THREE CENTS

NAME 6 NEW

The Supreme Court: Left to right (standing), Roberts, Butler, Stone and Cardozo; (seated), Brandeis, Van Devanter, Hughes, McReynolds and Sutherland.

By United Press WASHINGTON, Feb, §

» LJ Ld

“Only by

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blood in the courts. . .. | tions. . .

the future.”

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| form of important legislation,

disrepute.”

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Highlights of Message

Highlights special message to Congress on the judiciary follow “Since the earliest days of the Republic, the problem of the personnel of the courts has needed the attention of the Congress.”

“The simple fact is that today a new need for legislative action arises because the personnel of the Federal judiciary is insufficient to meet the business before them.’

speeding up the processes of law ducing their cost, can we eradicate the growing impression that the courts are chiefly a haven for the well-to-do.”

“Modern complexities call also for a constant infusion of new A lowered mental or physical vigor leads men to avoid an examination of complicated and changed condi- , Older men, assuming that the scene is the same as it was in the past, cease to explore or inquire into the present or

“We have witnessed the spectacle of conflicting decisions both trial and appellate courts on the constitutionality of every Such a welter of uncomposed differences of judicial opinion has brought the law, the courts and, indeed, the entire administration of justice dangerously

“... We find the processes of government itself brought to a complete stop from time to time by injunctions issued almost autos matically, sometimes even without notice to the Government , , ."

“Thus the judiciary, by postponing the effective date of acts of [| the Congress, is assuming an additional function and is coming more and more to constitute a scattered, loosely organized and slowly operating third house of the national Legislature.”

from the President's

» ” ”

» » »

and thereby re-

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” ” »”

near to

” » n

” » J

DRAFT OF PROPOSED

BILL ON JUDICIARY

| Put nited Presg

| WASHINGTON, Feb. 5.— | President Roosevelt today ‘presented Congress the following “draft of the proposed bill” for reorganizing the Federal Court system: i Be it enacted by the Senate and | the House of Representatives of the

United States of America in Con- |

| gress assembled, that:

the age of 70 years and has held a | commission or commissions as judge rts at least | 10 years, continuously or otherwise, (and within six months thereafter [ has neither resigned nor retired. the

19 | had sought pay increases ranging to | president, for each such judge who

| has not so resigned or retired, shall nominate, and by and with the advice and consent of the Senate, shall | appoint one additional judge to the court to which the former is commissioned. Provided, that no additional judge shall be appointed hereunder if the judge who is of retirement age dies, resigns or retires prior to the nomination of such additional judge. ; (B)—The number of judges of any court shall be permanently increased by the number appointed thereto under the provisions of subsection (A) of this section, No more than 50 judges shall be appointed thereunder, nor shall any judge be so appointed if such appointment would result in (1) more than 15 members of the Supreme Court of the United States, (2) more than two additional members so appointed to a Circuit Court of Appeals, the Court of Claims, the United States Court of Customs and Patent Appeals, or the Customs Court. or (3) more than twice the number of judges now authorized to be appointed for any district or, in the Fase of Rifges appointed for more an one district, for anv s of districts. y Suck group (C)—That number of which is at least two-thirds of the number of which the Supreme Court of the United States consist or three-iths of the) nuggber of

Judges

(A)—=When any judge of a court |

which the United States Court of Appeals for the District of Columbia, the Court of Claims or the United States Court of Customs and Patent Appeals consist, shall constitute a quorum of such court. (D)=An additional judge shall not be appointed under the provisions of this section when the judge who is of retirement age is commissioned to an office as to which Congress has provided that a vacancy shall not be filled.

SECTION 2

(A) Any circuit judge appointed may be designated and

assigned from time to time by the | Ohief Justice of the United States |

for service in the Circuit Court of Appeals for any circuit. Any district judge hereafter appointed may be designated and assigned from time to time by the Chief Justice of {Turn to Page 15)

CUMMINGS LETTER

By United Press WASHINGTON, Feb. Following is the text of the letter from Attorney General Homer S. Cummings to President Roosevelt explaining the need for reorganization of the judicial system which the President recommended today in a special message to Con-

gress.

Feb. 2, 1937,

The President, The White House. My Dear Mr. President: Delay in the administration of justice is the outstanding defect of our Federal judicial system. It has been a cause of concern to practically every one of my predecessors in office. It has exasperated the bench, the bar, the business com-

munity and the public. The litigant conceives the judge

of las one promoting justice through

hereafter |

"TEXT OF MESSAGE

Bul ited Pre wR WASHINGTON, Feb. Hi The text of President Roosevelt's special message to Cone gress on reform of the judiciary follows: To the Congress States. I have recently called the atten tion of the Congress to the clear need for a comprehensive program to reorganize the administrative ma- | chinery of the executive branch of our Government, I now make a similar recommendation to the Con=gress in regard to the judicial branch of the Government, in srder that it may also function in accord with modern necessities. The Constitution provides that the President “shall from time to | time give to the Congress informastion on the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient,” No one else is given a similar mandate,

It is therefore the duty of the President to advise the Congress in regard to the judiciary whenever he deems such information or recommendation necessary,

I address you for the further reason that the Constitution vests in the Congress direct responsibil. ity in the creation of courts and Judicial offices and in the formu. lation of the rules of practice and procedure, Ii is, therefore, one of the definite duties of the Congress | constantly to maintain the effec | tive functioning of the Federal { Judiciary,

of the United

LONG NEEDED ATTENTION

| The judiciary has often found it- | self handicapped by insufficient personnel with which to meet a growing and more complex business, It is true that the physical facil- | ities of conducting the business of the courts have been greatly ime proved in recent years, through the | erection of suitable quarters, the provision of adequate libraries and the addition of subordinate court officers. But in many ways these are merely the trappings of judical | office. the processes of justice. Since the earliest days of the Re-

[tention of the Congress, For ex- | ample, from the beginning, over re | peated protests to President Washington, the justices of the Supreme Court. were required to ‘ride cir(Turn to Page 26)

| the mechanism of the courts. He | assumes that the directing power of [the judge is exercised over its officers from the time a case is filed with the clerk of the court. He is entitled to assume that the judge is pressing forward litigation in the full recognition of the principle that “justice delayed is justice denied.” It is a mockery of justice to say to a person when he files suit, that he may receive a decision years later. Under a properly ordered system rights should be determined promptly. The course of litigation should be measured in months and not in years, Yet in some jurisdictions, the de- | lays in the administration of justice | are so interminable that to insti- | tute suit is to embark on a life- | long adventure, Many persons submit to acts of injustice rather than resort to the courts. Inability to secure a prompt judicial adjudication leads to improvident and unjust settlements. Moreover, the time factor is an open invitation to those who are disposed to institute un-

They play a minor part in | [se it.

public, the problem of the person- | nel of the courts has needed the at-|

President Requests Authority to Appoint Additional Judges if Incumbents Decline to Retire at 70.

A A]

By United Press WASHINGTON, Feb, 5.—DPresident Roosevelt submitted to the nation today his proposed solution of the explosive Constitutional amendment issue and to Congress a request for power to enlarge the Supreme Court to 15 members unless six justices, now more than 70 years old, retire. Mr. Roosevelt's proposal presented to Congress in a special message was accompanied by a draft of his sweeping Judicial reform plans, It touched off the start of an anticie | pated historic series of Congressional debates. The message, couched in sharp language, revealed plainly | Mr. Roogevelt’s decision to come, at this moment, squarely to grips with the nationally debated issue of whether the | Constitution shall be amended or the powers of the Federal courts curbed, | The suggestions called for broad infusion of new blood /in the Federal courts and a strict revision of lower Federal ‘court power over Constitutional issues. They were received by Congress with reaction that portended the battle that is [to come as the issue is threshed out in Congressional debaté,

| High Court Would Not Be More Than 15

| The sensational proposal of the President was submitted ‘after consultation at an emergency session of Cabinet officers and Congressional leaders. The President’s proposals for new legislation, submitted in a special message to Congress, was referred immediately to Judiciary Committees of both House and Senate for speedy consideration, Mr. Roosevelt asked authority to appoint additional Fed eral court judges and justices in all cases where the sitting judge has reached the age of 70 and does not choose to retire, The draft of proposed legislation submitted by Mr, Roosevelt contained a proviso that the Supreme Court meme bership should not be increased to more than 15 justices ‘under this program. Since six of the present high court | justices have reached the age of 70, Mr. Roosevelt would ‘be empowered to name six more justices under the proposal,

Four-Four Program Outlined

| The President's plans—submitted to Congress with a suggestion that New Deal forces on Capitol Hill move to enact them into law quickly-=provided: 1. That in each instance where a Federal judge reaches the age of 70 and fails to retire that the President be empowered to name an additional judge, providing such appointments do not increase the number of Supreme Court justices above 15 nor more than 50 judges to the judiciary as a whole. 2. That no Federal court be allowed to issue any decision or injunction involving constitutional questions without ample previous notice to the Government; and that immediate appeals of all such questions be allowed direct to the Supreme Court, such appeals taking precedence over all (other matters pending in the Supreme Court, | 3. That transfers and shifts of Federal judges be allowed | from district to district in order to speed up court business. 4, That the Supreme Court be provided with an addi | tional officer to be termed a proctor, charged with watching

‘all Federal court business in order to expedite and facili-

Sums Up Purpose of Plan

Mr. Roosevelt summed up his purpose in the revolution ary proposed changes as: “My purpose is to strengthen the administration of justice and to make it a more effective servant of public need.” The President declared flatly that his proposals were to be considered as his present decision of the question of whether the nation needed a Constitutional amendment. He expressed belief that if his proposals were effective no Cone stitutional amendment and no fundamental change in the powers of the Court would be necessary. “If these measures achieve their aim, we may be relieved of the necessity of considering any fundamental changes in the powers of the courts or the Constitution of our Govern ment,” he said. “Changes which involve consequences so far« reaching as to cause uncertainty as to the wisdom of such course.” Mr. Roosevelt referred to hig plans—a proposal so vast that it virtually would remake the personnel of the Federal bench—as a program similar to his far-reaching suggestions for the revision and consolidation of Government departments and agencies.

Strikes “Government by Injunction”

The two plans together would provide a reorganization of government offices and courts more sweeping than any within the modern history of the Federal Government. The President struck vigorously at what he described as “government by injunction.” This, he charged, “lays a heavy hand upon normal processes,” pointing out that no law

(Turn to Wage 24)

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