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Show WAGNER TEST IN HIGH COURT Belief Held Decision Will Be Delay ed WASHINGTON, Feb. (UP) Before tens and crowded courtroom, court-room, John W. Davis, one-time DemoeraUa presidential candidate, today opened attack In the supreme eonrt en the Warner labor relation act, keystone of the new deal's labor legislation. Davis appeared befar the eonrt as national attention was focused on the high tribunal due to President Presi-dent Roosevelt's far-reaching proposals pro-posals for enlargement of the court. Davis came before the court to argue the first of a serls of ftvo Wagner act test esses aa action brought to ths high court by ths Associated Press In an appeal from a national labor relations board order to . reinstate Morris Watson, a discharged editorial employ. It was regarded as a strong possibility possi-bility that the court may hold up any decision pending congressional acceptance or rejection of President Presi-dent Roosevelt's sweeping judicial plans. This course of action, K was pointed out, will allow a new court to present the final ruling should such a tribunal be constituted as a result of Mr. Roosevelt's suggestion. sugges-tion. It was strongly believed today that the nine justices of ths court have arrived at some agreement to control their course in the Immediate Imme-diate and hazardous future. A delay in. the Wagner act decision. de-cision. It was believed, might do much to preserve the prestige of the court, both now and la the future. fu-ture. Preservation of this prestige Is known to be close to the heart of Chief Justice Charles Evans Hughes. Hughes, in the estimation of many lawyers, has bent every effort to go down in history as a great chief justice. He has worked long and hard bringing the court's calendar up to data and at preserving harmony har-mony among the jurists during the decision of the highly controversial new deal cases. As a result he is considered close to the stalwart liberals lib-erals Justices Louis D. Brandcis, Harlan F. Stone and Benjamin N. Cardoso. Some critics believe that his vote In the AAA invalidation decision was partly prompted by a desire to avoid a five to four decision. He Is known to regard such decisions as (Continued on Pan Two) i Column Emntl COURT PROGRAM IS SIDESTEPPED XCenuaoe trees Page Oae) there should be any discrimination between district and circuit judges and supreme court justices. Every- body agrees that district and circuit judge should be retired at TO or 75. If that la a valid view, certainly there la no reason why ths same principle should not bo applied to tho supreme court" Under existing law suprems court justice may resign at full pay for tha remainder of their life, but their pay then 1 subject to future slashes. Undsr a retirement act they could retire. Instead of resign, at full pay and their pay could never bo reduced, re-duced, A partial poll of the senate by the International New Service disclosed dis-closed S3 senator now favoring it, 17 opposed and the remaining 26 in doubt on the fence, noncommittal noncommit-tal or out of the city. The poll showsd neither aide was certain of victory at this early stage. A long fight appeared in prospect pros-pect On the one lid stood the president's great personal prestige, backed by hi tremendous landslide land-slide victory laat November, which his followers interpret as a man date from the people to enact ths judicial reports hs now asks. Behind Be-hind that dangled SO judicial plums, including six new supreme court posts, some circuit court of appeal judgeships, and the remainder district dis-trict court robes for lifs. The word already has 'been circulated that legislators who oppose the reforms will receive no recognition when the newly created judgeships art filled. This would not affect legislators personally, since the constitution prohibits any member of congress from accepting appointment to a poet created during hi elected term. Present member cannot resign now and later accept judicial judi-cial appointments, If the post ar created at any time during the term for which they are elected. But it had tremendous effect upon those who would like . to name some friend to one of the judgeships. On the other side stood the senate's sen-ate's great liberal leaders, back to back, fighting ths president's proposal pro-posal to increase the supreme court |