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Show ; Senate Group Rejects Court Bill Roosevelt Measure Beaten As Committee Votes 10 to C t i I I ; i 1 1 i i WASHINGTON, Msy II (AP) AssoclaU Justice Willis Van Devanter announced today his retirement from the supreme court, effective June 2, thus clearlnf the way for President Rooaevelt U make his first appointment to the high bench. The 78-year-old Justice, who has served 28 years In the court, made known his intention in a letter to the president. Mr. Roosevelt Immediately wrote a brtrf- acknowledgement In lonf hand eftendinf "every food wish" and Inviting, Invit-ing, him to call at the White House before be-fore he leaves Wsshinf ton. . , The president's letter said: -My Dear Mr. Justice Van Devanter: "I have received your letter of this mornlnf. telling me that you are retiring retir-ing from regular active service on the bench June 2, 1S37. "Msy I as one who has hsd the privilege priv-ilege of knowing you for msny years, extend to you every good wish? "Before you leave Washington for the summer it would give me great personal per-sonal pleasure if you would come in to see me. "Very sincerely yours, . "FRANKLIN D. ROOSEVELT." (Signed) News of the retirement aroused wideipresd excitement on Capitol Hill. Under the Roosevelt court reorganization reorgan-ization plan the president would hsve i power to add six new justices to the high bench, one for each present mem- be of the court over 70. - . Vsn Devanter has long been considered con-sidered a conservative member of the WASHINGTON, Msy II (INS) President Roosevelt was given a preliminary pre-liminary defeat on the supreme court issue todsy when the senste Judiciary committee voted 19 to I for an unfavorable unfavor-able report on hi Judicial bill. This action transferred the battle to the floor of the senate, with a majority major-ity of the Judiciary committee recommending recom-mending that the measure be killed. The rote, by which the till wss reported re-ported to tha senate with a recommendation recommen-dation "that it do not psit," wss: Agalnsti King, UrCarran, Tsa Nuys, HsUrh, Burke, Connallr, 0'Ms-honey 0'Ms-honey (Democrats); Borah, Austin and Steiwer (Republicans). reri Ashurst. Neely. Login, Dle-terlch, Dle-terlch, McGill, Plttmen. Hughes (Democrats), (Dem-ocrats), and Norrls (Independent). Before the final vote on the till Itself, the committee killed all substitutes substi-tutes and compromises. One compromise, compro-mise, proposed by Senator Logan, was defeated 10 to I, even though all but one of the administration supporter switched to it from the president's blU. This compromise would have limited lim-ited the court permanently to nine Justices, Jus-tices, but would have permitted the president to nsme one new Justice each year for each Justice remaining on the court after reaching the ago of 75 years. The significant development about the Logan compromise was that the Kentuckian announced to the committee commit-tee it had the endorsement of Senator Joe T. Robinson, Democratic leader of the senate. This was the first Indication Indica-tion the ranking administration leaders were ready to approve any compromise "'' a.. Ik Kul.4t'a .1.. j , JUSTICE VAN DEVANTER of the praaldant s plaa la face af Mr. Rooeovelt'a Oeaunelatloa of such tactlea. A propoaal by Senator Norrls te amend the praaldant bill ae aa ta require a batter thaa two-thirds majority af tha eaurt te bold lafla-latloa lafla-latloa unconatltutlonaj was dafaatad by a vote of to 11, A propoaal by Senator McAdoe te amend tha bill as aa te Increeee tha auprama court permanently to It mam bars was rejected by unanu mous vote ef the commlttaa. So, too, was a propoaal by Senator Bllbe to require repreeenlatlea ef a vary federal circuit oa tha supreme eeurt. A motion by Sanator McOiU te strike from the bill all sections ax-cept ax-cept thoae deallnf with tha supreme court was dafaatad 4 te 14. Than followed tha final battle ovar Iha bill Itaelf. Sanator Noma moved ta report It favorably. Hla motion was dafaatad 10 te S. Than Banal or Dteterlch moved te report It without recommendation, but Senator Sen-ator McCarraa stepped In te move iOaatltiiM4 aa p.aa Twal IC'aiuMM an I court. His retirement brought from' Chief Justice Hughes a statement that the court would suffer a "moat serious 1008." In a statement the chief Justice said: - "His lonf judicial eaperleaee, kia extraordinary memory and f rasp of precedents, his acumen and fairness enabled him to render a service of Inestimable value In our deliberations, delibera-tions, while his equable temperament, tempera-ment, his tact and unfailing kindliness kindli-ness made him an Ideal associate. We shall greatly miaa him." Simultaneously, officials vested with high authority aaid there probably prob-ably would be no more retirements from the court at this time. But others said that before the beglnninf begln-ninf of Iha fall term of tha court In October JusUce Sutherland might take advantage af tha retirement act. Four other justices are eligible for retirement Chief Justice Hughes and Associate Justices Mc-Reynolda, Mc-Reynolda, Brendeis and Butler. Van Devanter wrote this letter to Mr. Rooaevelt: "My Dear President: "Having held my eommlaalon as sn associate justice of the supreme su-preme court of the United Stataa. and served In that court for M Ceatlmit im Pel. Two I (Column r-ntrl COURT CHANGE BILL OPPOSED " ICWM Iraal aetf 0-41 i an amendment (a lha metlon. m that lha kill weald ka reported a, faverefcly. Tka MrCarraa amend-i amend-i ment aarrted M la a. Senators Barka and Connelly, ect- Ing aa spoheemta far lha eppoot-i eppoot-i lion, anaeuneod the foaa weul4 meet i Ihle aftentoaa la beg la drafting aa . unfaverehle report ta lha eenate "BurU Saidlh rtnorr wauld ka "reedy la a week ar la. Queetlaned aa ta th Uata tlemtnl Burka ratartad: 'Wall, there's aa hurry. Wat have n reedy aa eoeo aa we caa.' Aohuret aaka4 whether ka eea ceded defeat la lha eenate, replied: "Mederetloa. ferkeeraaee and re-attaint re-attaint ara lha Vlrtaee ef victory, aihiUt petieare and fortitude ara tht virtual ef dieaeler. Almaat an) American alliiaa eeeily aaduraa aad ije,ulckly forgeto diaaaiar. kut H re- autree charartar aad aekleeec akllft , ta endure vtctery. "I hop la endur victory wttk ka. ' earning humility." |