xt7msb3wtd0h_30 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/mets.xml https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2.dao.xml unknown 166 Cubic Feet 381 document boxes, seven textile items, three map folders, one artwork archival material 72m2 English University of Kentucky The physical rights to the materials in this collection are held by the University of Kentucky Special Collections Research Center.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Frederick Moore Vinson papers Economic stabilization. Elections -- United States -- Congresses. Judges -- Correspondence. Judges -- United States. Judicial opinions Judicial process -- United States Legislators -- Correspondence. New Deal, 1933-1939. World War, 1914-1918 -- Veterans. World War, 1939-1945. Legislation - miscellaneous text Legislation - miscellaneous 2019 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2/Box_165/Folder_5/Multipage3680.pdf 1949-1953 1953 1949-1953 section false xt7msb3wtd0h_30 xt7msb3wtd0h June 26. 1951.

Dear Joe:

Your letter of June 6th. as Chairman of the Subcommitte e
on the Judiciary, inviting any comments which the Court might wish
to offer on H. R. 486. restricting the appearances of Supreme Court
Justices as character or opinion witnesses in Federal Court pro-
ceedings. was received subsequent to the adjournment of the Court
for the Term.

I transmitted a copy of your letter. together ywith the con-
tent of the bill. to each of the Associate Justices. and em in position
to advise that there is- no desire to submit any comment relative there-
to.

It appears to me that the subject matter of the proposed leg-
islation is in the field of policy which addresses itself to the discretion
and judgment of the Congress.

With the kindest of personal regards.

Sincerely.

{Signed} Frel u. Yinsod

Honorable Joseph R. Bryson.
Ch‘irmlns ‘

Subcommittee on the Judiciary.
House of Representatives.
Washington. D. C.

 ElGHTY-SECOND CONGRESS

EMANUEL CELLER. N. Y.. CHAIRMAN

FRANCIS E. WALTER. PA.
WILLIAM T. BYRNE. N. Y.
JOSEPH R. BRYSON, S. C.
THOMAS J. LANE. MASS.
MICHAEL A. FEIGHAN. OHIO
FRANK L. CHELF‘. KY.

ED GOSSETT. TEX.

J. FRANK WILSON. TEX.
ROBERT L. RAMSAY, W. VA.
EDWIN E. WILLIS, LA.
JAMES B. FRAZIER. .IR.I TENN.

CHAUNCEY W. REED, ILL.
LOUIS E. GRAHAM, PA-
FRANK FELLOWSI MAINE
CLIFFORD P. CASE. N. J.
KENNETH B. KEATING. N. Y.
WILLIAM M. MCCULLOCH, OHIO
J. CALEB BOGGS, DEL.
ANGIER L. GOODWIN. MASS.
EDGAR A. JONAS. ILL.

RUTH THOMPSON, MICH.
PATRICK J. HILLINGS, CALIF.

HOUSE OF REPRESENTATIVES, U. S.
COMMITTEE ON THE JUDICIARY
WASHINGTON, D. C.

CHIEF CLERK: BESS EFFRAT DICK
ASSISTANT CHIEF CLERK: VELMA SMEDLEY
COMMITTEE COUNSEL:

C. MURRAY BERNHARDT

WILLIAM R. FOLEY

L. JAMES HARRIS
LEGISLATIVE ASSISTANTS:

WALTER M. BESTERMAN

WALTER R. LEE
LAW REVISION COUNSEL: CHARLES J. ZINN

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PETER w. RomNo. JR., N. J. SHEPARD J. CRUMPACKER. JR., IND. U “”1"
WOODROW w. JONES, N. c.

E. L. FORRESTER. GA.
BYRON G. ROGERS. COLO.
THADDEUS M. MACHRowlcz. MICH.

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 82D CONGRESS
lsr SESSION

 

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 1951

Mr. Ki;.\'1‘i:\:o introduced the following bill; which was referred to the Conn
mittee on the Judiciary

 

A BELL

To prohibit justiees of the United States from testifying as to

the character or reputation of any person 01' matters of

opinion, and [or other purposes.

Be it enacted by the Senate and House of Representa—
tives of [he United States of America in Congress assmnbled.
That the analysis of chapter 21 of title ‘28, United States
(lode, immediately preceding section 451 of such title, is
amended by inserting immediately after and underneath
item 4-55 in such analysis, a new item as follows:

“455A. Justiee as Witness.”
Slim 2. Chapter 21 of title 28, United States Code, is

hereby amended by inserting therein, immediately following

 

 section 155, it new section, to be designated section 4155A,
reading as follows:

“No jnstiee of the United States shall testify as to the
character or reputation of any person or as to any matter of
opinion in any action in any court of the United States.”

SEC. 3. This Act shall become effective on July 1, 1951.

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151‘ SESSION

 

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 1951

Mr. Ki-:.\'1‘1N(: intreduced the following bill; which was referred to the Com«
mittee 011 the Judiciary

 

A BELL

Te prehihit justiees of the United States from testifying as to

the character or reputation of any person 01' matters of

npinien, and fer other purposes.

Be it enacted by the Senate and House of Representa—
lires 0/ the United States of America in Congress assembled.
That the analysis of ('hapter 21 01’ title ‘28, United States
(fwle, immediatelv preceding seetien 451 of such title, i'
amended by inserting innnediately alter and underneath
item 45:3 in sueh analysis, a new item as follows:

“4:35A. Justiee as Witness.”
Sl'lt‘. 2. Chapter 21. of title 28, United States Code, is

hereby amended by inserting therein, immediately following

 

 section 1435, a new section, to be designated as section 4551,
reading as follows:

“No justice of the United States shall testify as to the
(-hai'aeter or 1'("1')11iflii()11 of any person 01‘ as to any matter of
opinion in any action in any court of the United States.”

SEC. 3. This Act shall become effective on July 1, 1951.

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 821) CONGRESS
lsr SESSION

 

IN THE HOUSE OF REPRESENTATIVES

JAN UARY 3, 1951

Mr. 1(1'I.\’1‘IN(: introduced the, following bill; which was referred to the Com~
mittee on the Judiciary

 

A BELEL

To prohibit. justiees of the United States from testifying as to

the eharaeter or reputation of any person or matters of

opinion, and for other purposes.

Be it enacted by the Senate and House of Representa—
lircs of [he Uni/ed Slates of Axnm'ica in Congress assembled.
'l‘hat the analysis of (‘hapter 21 of title 28, United States

4 (lode, immediately preceding section 4.51 of such title, is
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“455A. .Tustiee as Witness.”
SW. 2. Chapter 21 of title 28, United States Code, is

S) hereby amended by inserting therein, in’in'lediately following

 

 section 155, a new section, to be designated as section 4155A,
reading as follm s:

“No justice of the United States shall testify as to the
character or reputation of any person 01' as to any matter of
opinion in any action in any court of the United States.”

SEC. 3. This Act- sha‘d become effective on July 1, 1951.

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 821) CONGRESS
lsr Snssrox

 

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 1951

Mr. lCI-IATING introduced the following bill; which was referred to the Com-
1nittee on the Judiciary

 

EEJEA

To prohibit: justices of the United States from testifying as to

the character or reputation of any person or matters of
opinion, and tor other purposes.

Be it enacted by the Senate and House of Representa—
lires of [he Uni/ed States of America in Congress assembled.
That the analysis of rhapter 21 of title 28, United States
(lode, immediately preceding section 451 of sueh title, i
amended hy inserting immediately after and underneath
item ~15?) in such analysis, a new item as follows:

“455A. .l'ustiee as Witness.”
SEC. ‘2. Chapter 21 of title 28, United States Code, is

hereby amended by inserting therein, inunediately following

 

 section 455, a new section, to he designatml as section 4553‘”
reading as follows:

“No justice of the United States shall testify as to the
character or reputation of any person or as to any matter of
opinion in any action in any court of the United States.”

SEC. 3. This Act shall become effective on July 1, 1951.

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 Biii to Bar Eusticcs
As Witnesses BaCked

O

‘ Chief Justice Fred M. Vinson
i will be asked if the Supreme

Court has any comment on a bill

which would ban its members

from. appearing as character wit-
nesses in the trial of any de-
fendant.

That proposal came yesterday
from ‘a House Judiciary Subcom-
mittee at a hearing ‘which stems
from the appearances of Justices
Felix Frankfurter and Stanley F.
Reed in the perjury trial of Alger
Hiss in 1949.

Their presence at the first H‘iss
trial was the subject of extensive
criticism. Hearings on a bill to
prevent this kind of appearance
were delayed pending final Su-
preme Court actionon the Hiss
appeal. Last March 12 the high
court refused to review the Hiss
conviction

Representative tKenneth B.
RKeating‘ (R., N. Y.) author of a
bill to ban the testimony of Sn-
lpreme Court justices as characterl
witnesses, said he seeks to prevent
the “undue and impropei effect
which such testimony has on
court proceedings.”

Representative J. Caleb Boggs
(R., Del.) suggested that the Su-
preme Court be invited to give its .
views on the subj'ect."Subcom-
mittee Chairmanx‘Joseph R. Bry-
son (D., S. C.) said he will send
an invitation for this to the' Chief
Justice. His comments, if any,
presumably would be in writing.

Keating said juries "could not
fail to be . . . excessively ,im-
pressed with the importance and
momentous nature of such an oc-
casion," when high court justices
testify.

His bill, said Keating, also“
would prevent embarrassment to i
justices urged to appear in such
> cases. .He noted that Justice Reed
was subpoened in the Hiss trial,
while Justice Frankfurter ap-
peared voluntarily.

 

 

 

 

 

 June 15. 1951

Dear Harold:

I am enclosing herewith copy of a letter which I have received
from Honorable Joseph R. Bryson, Chairman of the Subcommittee on
the Judiciary. relative to H. R. 486. which restricts the appearances
of Supreme Court Justices as character or opinion witnesses in Feder-
al Court proceedings -

. The bill. in substance. provides as follows:

"No justice of the United States shall testify as to
the character or reputation of any person or as to any
. matter of opinion in any action in any court of the United
States. " ~

My judgment was that there should be no comment. but. on re-
flection;- it occurred to me that. since it apparently was aimed at the
appearance of Justices Reed and Frankfurter as witnesses in the flies
trial; they might have different views. and I had better circulate it.

“I would like to get your views as soon as possible so that I may
be guided in the matter.

With the kindest of personal regards.

Sincerely.

Honorable Harold H. Burton.
Associate Justice of the Supreme Court.
Washington. D. C.

 June 15. 1951

Dear Torn:

I am enclosing herewith copy of a letter which I have received
from Honorable Joseph R. Bryeon. Chairman of the Subcommittee on
the Judiciary. relative to H. R. 486. which restricts the appearances
of Supreme Court Justices as character or opinion witnesses in Feder-
al Court'proceedings. ' ‘

. VlThe bill. in substance. provides as follows:

V V "'No justice of the United States shall testify as to
the character or reputation of anynperson or as to any
,/’i"f;matter of opinion in any action in any court of the United

A .- States. "

- ' :r-My judgment was that there should be no comment, but. on re.
flection, it occurred to me that. since it apparently was aimed at the
‘ appearanee of Justices Reed and Frankfurter as witnesses in the His:
trial. they'might have different views. and I had better circulate it.

‘il would like to get your views as soon as possible so that I may
be guided in the matter. '

' -W.ith the kindest of personal regards.

Sincerely.

Honorable Tom C. Clark.
2101 Connecticut Avenue. N. W. .
Washington. D. C.

 June 15. 1951

Dear Bill:~

, I am enclosing herewith copy of a letter which I have received
from Honorable Joseph R. Bryson, Chairman of the-Subcommittee on
the Judiciary. relative to H. R. 486. which restricts the appearances
of Supreme Court Justices as character or opinion witnesses in Feder—
al Court proceedings. '

- The bill. in substance. provides as follows:

"No justice of the United States shall testify as to
:the character or reputation of any person or as to any
- twitter of opinion in any action in any court of the United
: 4 States. "

My judgment was that there should be no comment. but. on re-
flection. itoccurred to me that, since it apparently was aimed at the
appearanoe of Justices Reed and Frankfurter as witnesses in the Hiss
trial, they might have different views. and I had better circulate it.

I would like to get your views as soon as possible so that I'may be
guided in the matter. I

With the kindest of personal regards.

Sincere-1y.

Honorable William 0. Douglas. .
Associate Justice of the Supreme Court,
Box 116. ,

Lostine. Oregon.

 June 15. 1951

Dear- Felix:

I am enclosing herewith copy of letter which I have received
from Honorable Joseph R. Bry'son. Chairman of the Subcommittee on
the Judiciary. relative to H. R. 486-. which restricts the appearances
of Supreme Court Justices as character or opinion witnesses in Feder-
al Court proceedings.

. The bill. in substance. proyides as follows:

"No justice of the United States shall testify as to
the character or reputation of any person or as to any
, 'matter of opinion in any action in any court of the United
: States. "

"My judgment was that there should be no comment. but. on re-
Election.-_i 1t occurred to me that, since it apparently was aimed at the
appearance of Stanley and you as witnesses in the flies trial, that you
111ightlhai'e different views. and I had better {circulate it.

I would like to get your views as soon as possible so that I may be
guided in the matter.

I

-' With the kindest of personal regards.

Sincerely,

Honorable Felix Frankfurter. 1
Associate Justice of the Supreme‘Couz-t.
New Milford. Connecticut.

 June 15. 1951

Dear Bob:

'I am enclosing herewith copy of a letter which I have received
from Honorable Joseph R. Bryson. Chairman of the Subcommittee on
the Judiciary. relative to H. R. 486, which restricts the appearances
of Supreme Court Justices as character or opinion witnesses in Feder-
al Court proceedings

1' The bill. in substance. provides as follows:

' ”No justice of the United States shall testify as to
.th/e character or reputation of any person or as to any

- matter of opinion in any action in any court of the United
States

"My judgment was that there should be no comment. but, on re-
flection. it occurred to me that. since it apparently was aimed at the
appearance of Justices Reed and Frankfurter as witnesses in the Hiss
trial, they might have different views. and I had better circulate it,

- I would like to get your views as, soon as possible so that I may
be guided in the matter.

I With the kindest regards.

Sincerely.

Honorable Robert H. Jackson.
Associate Justice of the Supreme Court.
Washington. D. C.

 June 15. 1951

Dear Shay:

I-am enclosing herewith copy of a letter which I have received
from Honorable Joseph R; Bryson. Chairman of the Subcommittee on
the Judiciary. relative to H. R. 486. which restricts the appearances
of Supreme Court Justices as character or opinion witnesses in Feder-
al Court proceedings. '

{The bill. in substance. provides as follows:

”No justice of the United States shall testify as to
the character or reputation of any person or as to any
‘ Cmatter of opinion in any action in any court of the United
States. "

-My judgment was that there should be no comment. but. on re-
flectio‘n'fvit occurred to me that. since it apparently was aimed at the
appearance of Justices Reed and Frankfurter as witnesses in the Hiss
trial... they might have different views. and I had better circulate it.

Ive-Iv‘would like to get your views as soon as possible so that I may
be guided in the matter. '

\

I‘With the kindest of personal regards.

Sincerely.

Honorable Sherman Minton.
New Albany. Indiana.

. V ‘2 .1»;

 June 15. 1951

Dear Hugo:

I am enclosing herewith copy of a letter which I have received
from Honorable Joseph R. Bryson. Chairman of the Subcommittee on
the Judiciary. relative to H. R. 486. which restricts the appearances
of Supreme Court Justices as character or opinion witnesses in Feder-
al Courtproceedings.

:The bill. in substance. provides as follows:

”No justice of the United States shall testify as to ._ x

the character or reputation of any person or as to any \ ' ‘x
. matter of opinion in any action in any court of the United 3:333

. States. " ‘\
, - \1

-My judgment was that there should be no comment. but. on re-
flection. it occurred to me that. since it apparently was aimed'at the i‘ -’
appearance of Justices Reed and Frankfurter as witnessesin the Hiss _ g ’
trial. they might have different views. and I had better circulate it. '

   

, .3.

I would like to get your views as soon as possible so that I may be
guided in the matter. ‘

in“ ~...-'-«-n‘ .._.....

With the kindest of personal regards,

Sincerely.

2‘:.,,.j¢5‘ .

Honorable Hugo L. Black,
619 S. Lee Street.
Alexandria, Virginia.

ta

 fimm aim of the ma States
CHAMBERS or waghm 13. E. Q}

THE CHIEF JUSTICE June 15, 1951

Dear Stanley:

1 am enclosing herewith copy of letter which I have received
from Honorable Joseph R. Bryson, Chairman of the Subcommittee on
the Judiciary, relative to H. R. 486 which restricts the appearances
of Supreme Court Justices as character or opinion witnesses in Federal
Court proceedings.

The bill, in substance, provides as follows:

"No justice of the United States shall testify as to
the character or reputation of any person or as to any
matter of opinion in any action in any court of the United
States. ”

My judgment was that there should be no comment, but, on re—
flection, it occurred to me that. since it apparently was aimed at the ap—
pearance of Felix and you as witnesses in the Hiss trial, that you might
have different views, and I had better circulate it.

I would like to get your views as soon as possible so that I may be
guided in the matter.

With the kindest of personal regards,
Sincerely,
Honorable Stanley F. Reed, E/

The Mayflower,
Washington. D. C.

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CHAMBERS OF

JUSTICE FELIX FRANKFURTER

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CHAMBERS OF
JUSTICE HAROLD H. BURTON

June 19, 1951

Dear Chief:

Replying to your note of June 15, I agree
that it is best that there should be no comment, at
least as far as I am concerned, on the proposed legis-
lation. My personal vieW'is that it would be just as
well, and probably better, that there be no legislation
on the subject of the appearances of Supreme Court
Justices or others as witnesses.

Recently, I have been reading with interest
some of Chief Justice Marshall's experiences in the
Aaron Burr trial and he expressed the idea that, under‘
some circumstances, it was appropriate to subpoena the
President of the United States to produce a letter and
indicated that it might be appropriate to subpoena him
as a Witness to give personal testimony.

So far as the proposed legislation is con—
cerned, it seems to me that, in any event, the policy
is a matter for Congress rather than for the Court to
determine and that, if asked, we should say that the
Justices prefer to leave the issue to the discretion of
Congress.

Cordiallv yours,

W

The Chief Justice

O¢15mo\ $\\€A‘m V“) COCVQSFOAAQHCE;CK\L

 

 Supreme Court of the United States.

Memorandum.

/'

4’3. ML] "‘”

90%,!“ M j”{ "x w) ‘w

 

 THE‘ NEW YORK

TIMES THURSDAY, JULY 21, 1949.

 

A ‘DUTY’ T0 TESTIFY,
SAYS FRANKFURTER

Holds Subpoena in Hiss Case
Defense Would Have Been
‘Unnecessary Formality’

WASHINGTON, July 20 UP)—
Justice Felix Frankfurter of the
United States Supreme Court said
today he “deemed it an unneces-
sary formality to be formally
served with a subpoena” to testify
as a character witness at the re-
cent trial in New York of Alger
Hiss on perjury charges.

Mr. Frankfurter and a colleague,
Justice Stanley F. Reed, testified
as character witnesses for Mr.
Hiss. Mrs. Reed said yesterday
that her husband had been sub-
poenaed by defense lawyers.

The question of whether the jus-
tices appeared voluntarily was
raised as the result of a move in
Congress to exempt Supreme Court

 

members from any compulsion to
testify in such circumstances
Reached at Heath, Mass, Where he
is vacationing, Mr. Frankfurter
told The Associated Press by tele-
phone:

“I appeared as a witness in the
trial of Alger Hiss because his
counsel deemed it their duty to put
my testimony before the jury. They
had a right to my testimony be-
cause, under the Constitution,
every accused has the right to pro-
duce evidence relevant to deter-
mining his guilt or innocence. The
reputation of an accused is such a
relevant matter, especially under a
charge of perjury. Since counsel
felt they must draw on the testi-
mony I was under duty to give, I
deemed it an unnecessary formal<
ity to be formally served with a
subpoena.

“Of course, no member of the
Supreme Court should needlessly
disqualify himself from participa-
tion in a case that may come be-
fore the court. But the circum-
stances that qualified me as a
character witness at the trial
would necessarily disqualify me
from sitting in any case involving
Alger Hiss, even if I had not been
a witness in his case. As is patent
from the public records, every year
members of the court abstain from

 

participation in cases because of
some past relation to a party liti-
gant or any other interested party
in a litigation.”

Mr. Hiss, a former State Depart-
ment official, was charged with
perjury in connection with charges
that Whittaker Chambers, one-
time Communist courier, obtained
secret Government documents from
him. The jury failed to reach a
verdict. The Government has said
it would try Mr. Hiss again in the
fall.

Justice Bill Opposed

WASHINGTON, July 20 (UP)—
Senator Herbert R. O'Conor, Dem-
ocrat, of Maryland, said today it
was none of Congress’ business
whether Supreme Court justices
appeared as character witnesses in
criminal trials.

He criticized as “improper inter-
ference with the judiciary” a bill
by Representative Kenneth B.
Keating, Republican, of New York,
to bar such testimony by members
of the high tribunal.

Mr. Keating’s move was prompt-
ed by House criticism of the ap-
pearance of Justices Felix Frank-
furter and Stanley F. Reed as char-
acter witnesses for Alger Hiss.

 

 80TH CONGRESS ;.-
ls'r SiassLON ,: .
3“,,- .

 

IN THE HOUSE OF REPRESENTATIVES

JANUARX G, 1947

Mr. lil-ZIQHIH'II: introduced the ’liollowing bill; which was referred to the Com—
mittee on the Judiciary

 

A BILL

'l‘o authorize the desie'm’ttion of retired Justiees for service on
the Supreme Court 01’ the Filitetl States when necessary to

obtain a quorum, and for other purposes.

Be it (woe/ed 721/ /’/l(' Senate and House of Representa—
lires of /]I(’ [Uzi/ed Sin/e8 of America. in Congress assmnbled,
That (a) seetion 215 of the Judicial Code (U. S. 0., 1940
edition, title 28, see. 321) is amended to riad as follows:

“SW. 215. The Supreme Court of the United States
shall eonsist ol’ :1 (‘hiet’ Justice of the United States and
eight Assoeiat‘e Justiees. any six of whom shall eonstitute 2
quorum: I’mrirled, 'l‘hat' whenever a quorum '3annot be
obtained wholly or partly heeause the Chief Justice or one

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or more of the Assoelate Justices declares himself, or them—

 

  

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selves, disqualified for any reason, the Chief Justice shall
designate from among the retired Justices of the Court,
including retired Chief Justices, such number of Justices as
may be necessary to constitute a quorum. Retired Justices
shall be designated for such purpose in the reverse order
of their retirement, the Justice most recently retired being
first designated, but no such retired Justice shall be desig-
nated without his consent. Such designation shall be made
within sixty days after (1) the determination by the
Supreme Court that it does not otherwise possess a. quorum
of Justices qualified to participate in the consideration of the
case on the merits, or (2) the date of enactment of this sen—
tence, with respect to any ease pending before the Court
and as to which there has already been a determination that
there is not a quorum of Justices qualified to participate in
the consideration of the case on the merits.”

(b) The amendment made by subsection (a) of this
section to section 215 of the Judicial Code shall be applicable
to any case pending before the Supreme Court of the United
States on or after the date of enactment of this Act.

SEC. ‘2. (a) Section 2 of the Act entitled “An Act to
expedite the hearing and determination of suits in equity
pending or hereafter brought under the Act of July second,
eightee‘h hundred and ninety, entitled ‘An Act to protect

trade and commerce against unlawful restraints and monopo—

 

 

  

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lies’, ‘An Act to regulate commerce’, approved February
fourth, eighteen hundred and eighty—seven, or any other Acts
having a like purpose that may be hereafter enactec”, ap—
proved February 11, 1903, as amended (U. S. C., 1940
edition, title 49, sec. 45), is amended by inserting “(a) ”
after “SEC. 2.” and by adding at the end thereof the
following:

“ (b) Upon any such appeal to the Supreme Court, if
it shall have been found (1) that a quorum for the considera—
tion of the case on the merits cannot be obtained wholly or
partly because the Chief Justice or one or more of the Asso—
ciate Justices declares himself, or themselves, disqualified
for any reason. and (2) that a quorum cannot be obtained
by the designation of retired Justices in the manner and within
the time provided in section 215 of the Judicial Code, as
amended, the case shall be immediately sent by the Supreme
Court to the circuit court of appeals for the circuit in
which is located the district in which the suit was brought.
'lc‘hereupon, it shall be the duty of the senior iireuit judge
of such circuit and the two circuit judges next in order of
seniority to such senior circuit judge, who are available, to
hear and determine such case at the earliest practicable date.
The decision of the three circuit judges, or a. majority of them,
shall be final and shall not be subject to review.

“(0) If, for any reason, three circuit judges of the

 

 

  

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circuit in which is located the district in which the suit was
brought are not available to participate in the consideration
of the. case, the senior circuit judge of such circuit shall till
any vacancy or vacancies by designating in the order of
seniority in the respective circuits, one or more circuit judges
from another circuit or circuits, but such designation shall
be made only with the consent of the senior circuit judge
of any such other circuit.”

(b) The amendments made by subsection (a) of this
section to section 2 of such Act of It‘ebruary 11, 1903, as
amended, shall be applical;)lc to any case pending before the
Supreme Court of the United States under the provisions
of such Act, as amended, on or after the date of enactment

of this Act.

 H. R. 517
A BELL

 

 

To authorize the designation of retired Justices
for service, on the Supreme Court of the
United States when necessary to obtain a
quorum, and for other purposes.

 

 

By Mr. KEFAUVER

JANUARY 0, 19-17
Referred to the Committee on the Judiciary

 

 8OEL‘HCONGRESS
H J RES 105
O O O

 

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1947

Mr. SMITH of Wisconsin introduced the following joint resolution; which
was referred to the Committee. on the Judiciary

 

JOINT RESOLUTION

Proposing an amendment to the Constitution relating to the terms
of office of judges of the Supreme Court of the United States

and inferior courts.

Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled (two-
thirds of each House concurring therein), That the following
article is proposed as an amendment to the Constitution of
the United States, which shall he valid to all intents and
purposes as part of the Constitution When ratified by the
legislatures of three-fourths of the several States:

“ARTICLE III
“SECTION 1. The judicial power of the United States

shall be vested in one supreme court and in such infen'or

 

  

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courts as the Congress may from time to time ordain and

establish. The judges, both of the supreme and inferior

courts, shall he appointed for a. term of ten years. The
judges shall at stated times receive for their services a com—
pensation which shall not be diminished during their con—
tinuance in office.

“SEC. 2. The term of each judge holding office on the
date of ratification of this article shall expire, December 31,,
1948. or ten years after the (late of his taking the oath of
oflice, whichever date is the later.

“SEC. 3. Sections 1 and 2 of this article shall not
atlect the term of any judge retired prior to the date of
ratification of this article.

“SEC. 4. Section ‘1. of this article shall he in lieu of
section 1. of article HI.

“Sue. 5. This article shall he inoperative unless it shall
have been ratified as an amendment to the Constitution
by the legislatures ol‘ three—hun'ths of the several States

within seven 3' ‘ars from the date of its submission.”

 H. J. RES. 105
JOINT RESOLUTION

Proposing an amendment to the Constitution
relating to the terms of Office of judges of
the Supreme'Court of the United States and
inferior courts.

 

 

 

 

By Mr. SMITH of Wisconsin

 

 

FEBRUARY 3, 1947
Referred to the Committee on the Judiciary

 

 8 lST CONGRESS
151‘ SussluN i 9 9 9
O

 

IN THE .‘ENATM ()l’ 'l‘ll l0 l'Nl’HGI) S’I‘ATES

.l (Ni: (3 (legislative «lay. .l lfi‘x'i-Z 2). 104‘.)

Mr. .\le(‘.\nu,\x introduced the following hill: \\'hieh was read [wire and referred
to the (‘ommiltee on the .ludieial'y

 

43s BELL

Relating to the policing of the building and grounds of the

Supreme ("ourt ol' the l'nited States.

Be it enacted 723/ [/H‘ Semi/(z am] Home 0/ Representa—
tives of {720 United Sin/es of Atiicrica, in Congress assembled,
That the Marshal of the Supreme (‘ourt ol' the. United States,
under the general supervision and direetion ol' the (‘hiel'
{lustiee ol the l'nited States, may designate enmlo.\'ees ol'
the Supreme t‘ourt as sneeial nolieemen, without additional
eompensation, l'or duty in eonneetion with the polieing ol the
Supreme (‘ourt Building: and grounds and adjaeent streets.

Side. 3.1’uhlie travel in and oeeunanev ol the Supreme
Court; grounds is herehy restrieted to the sidewalks and

other paved surfaces.

 

  

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SEC. 3. It shall be unl