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While the Senate was busy wondering: 1) whom the President would appoint to the Supreme Court vacancy created last June 2 by the retirement of Justice Willis Van Devanter; and 2) whether he would make his appointment before Congress adjourned, Idaho's gaunt old lion, Senator William E. Borah, last week gave it something new to wonder about. Said he on the Senate floor...

Author: /time Magazine | Title: JUDICIARY: Mad Hatter's Dialog | 8/16/1937 | See Source »

Less astounding than it sounded, Senator Borah's contention was based on a fine definition. The U. S. Constitution provides that "The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office." Because the late Justice Oliver Wendell Holmes resigned and accepted a pension which in 1932 was cut in half as an economy measure, the Supreme Court Retirement Act was passed this year to give elderly justices a better reason for quitting...

Author: /time Magazine | Title: JUDICIARY: Mad Hatter's Dialog | 8/16/1937 | See Source »

...body packed with lawyers, nothing is more fun than a brisk game of splitting verbal hairs. One of the first to take up Senator Borah's challenge was Arizona's bland Senator Ashurst, who attempted to obliterate the Borah argument by a reductio ad absurdum which resulted in dialog that sounded like the Mad Hatter's tea party...

Author: /time Magazine | Title: JUDICIARY: Mad Hatter's Dialog | 8/16/1937 | See Source »

Ambassador Dodd's letter to Senators Bulkley, Glass and others voiced his alarm about a U. S. billionaire fascist (still unidentified). TIME reported Senator Borah's description of it as "the figment of a disturbed mind...

Author: /time Magazine | Title: Letters, Jul. 19, 1937 | 7/19/1937 | See Source »

...Venice would be re-enacted with Uncle Sam playing the role of Shylock." Carter Glass stamped onto the floor and delivered a philippic upon "economic blunders, if not economic crimes, perpetrated by Congress in the name of starving people who never starved and freezing people who never froze." Senator Borah chimed in with a warning that recent Supreme Court decisions give Congress virtually unlimited power to spend money for any purpose "and if the brakes are not put on here there is no place they can be put on." When the roll calls were taken, however, the Byrnes amendment...

Author: /time Magazine | Title: THE CONGRESS: Refined Humor | 6/28/1937 | See Source »

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