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tion as to wtlietiier aditional justices sliould be appointed. Tliat lias been more« or less settled for. this session at least. The, question now lis whetber or flot the President cati niake an ap- pointment after Congresslihas . ad- journed, io fil thie place of retired Justice Van Devanter. The justice retired from ,tbe-benicl o n Jun.e 2. At the tinîê the Senate Nvas in session Clause 3, Section 2 of, Article 2 ýof the Constitution pro- %:ides,: "The .,Presidenit shall have. the power to fill al vacancies. that may liappen during the recess of the Sejiate . ......How is that. clause to lie initerpreted in connection witli the recentlv retired justice? - The argu- nment immediatelv broke out w-len the President asked bis, Attorney Gen- eral for lus opinion,. tbereby indicat- ing that lie mna- wait until the Senate I i i recess, before -lie rnakes thle - p)ointient. Off er Thrée Opinionis ()ne group of Senators colitends thiat the words -tliat miay happen'" are .to I)e construed as meaning -that mIlav happen to exist during tlie re- cess." Another group contends tliey are to be interpreted as meaning *tlat may occur." justice Van De- vanter's retîrement did not "occur" duning a recess but it caused a' -acancy wFicb -may happen to exist" during a recess.1 Then there is a third group of Senatorswbo take the position- that regardless 1 f how the clause should bc interpreted the President is "inor- ally," oh liged to make the appoint- mient before the conclusion of this session, in order that lie ma\, be con- firined bv the Senate before tlie oueinig of the October Terni of .Court.. Smne of the senators have -indicated that. if an appointmnent is. nuade durinig the recess and lie goes on tlie bencli, tliey will vote ag-ainst his confirmation on that ground alones w\'lin is name comes before the cie- ate at the next session. No Vacancy, Says Borali ExpWns Borah Position The Constitution provides that the salary of a justice, cannot be reduccd by Congress.1 In order to permit the retitemieiit of a justice witli tbe assurance of a continiued salary which could, not be reduced by futuùre Con- gresses,- the. Act of last Marci pro- vides that a retired Supreme Court justice is. subject, to c al by'fIe Chief justice: for service,,on the' Circuit courts., It is Senator Borah's contenù- tion that under tlie iaw there is oilv one way that a retired Supreme Cour t jUstice cati render-such service, îlot liavinig ever been appointed to the Circuit court. bencli,. and that is liv retaining status, as a Supreme Court justice. ,If le retains that status. arg ues Borali, tIen there is ilo vaàcanc-%,in, the Supreme Court of:9,. kt is iln teresting to note that'.iii his l etter to the President. Justice Van Devaner did not state. that lie was «resigiiihg." Hie was, careful to sav: "I desire to avail myseif of the. judici1al service specified in the Act Of March 1, 1937." He Nvas careful to say ý'I hereby retire" rather than "I hereby resigin." As someone has said: "-Senato r Borali miakes bold .and startling state- mnents but as a general mile is an- noyingiy correct." Because of the doubts raised by lBorah, Senator M. M. Logan, (Democrat), of Ken- tucky, lias introduced a bill providing for a Suprerne Court of 9 "wbo have îîot retired under the piroisions of the law." Christian Science Churches "-SpIrît" Iwas the subject of the les- son-sermon ini ail Churches of Christ, Scientist, on Sunday, August 8. The golden text was, "No man hath seen !God at any time. . . IJerebyj know we that we dwell in him. and * ~ ~ ~ p T/elaha-cr<ulich is to be *given tIotthe tiimer of the' race wcek events, sPionsored 1;v the Sheridan Shoare Yacht cli'>, for boats of t/he star class, w/iicli bc- gins ou SundaY. OPEN DAILY The Health Center will. be open dailv as usual witb Nlrs. J. D. Kinnear iii charge.- 1N1rs. George L. Treadweil of 414 Essex road, Kenilworth, has had as lier bouse guest this past week lier sister, 'Mrs., Emeretta Sybrandt, of Bakersfield, Cal., who :has beetn taking aff extended tip through the eastern, states'and is now re turning home. MNrs.. Thomnas G. Nicholson and lier $oni. Bob. 60 Greenleaf- avenue, just returnied f rom a. moto r trip in the Ozark iounitains.. Bob had. just pre- vious1v. corne home from a month's tri _to Sait Lake City THU .EANTIJNES PIANO TUNERS AN4D *PAIIIIERe' 1312 ELMWOOD AV£NUE zVAUSgtOrN Phon. Univertlfy 1677 DR. JIM BUTTERWORTH VETERINARIAN 2810 W. Park Avenue Highland Park Phone IIlghlaud Pk. 2967 3Ind ANNUAL AUGUST FUR SALE. The largest and most complete se- 25% sense, there 'is :a vacancy on the Miss Marion Russell, 22 2 Supreme Court to which an appoint- bine avenue, went east last w ment eau be made. A statute enlacted visit in New York,-Washingtc in 1869 provides for a Supreme Court Atlantic City. While she wa, of 9, There are only tbree ways by her parents,. Mr. and Mrs. F. whic1h a vacancy can occur: (1) a sell and.lier brother, Fred, fr deatb, (2) imipeachiment and.,(3i; res- to the north wos away Rus- otored II~I1I~ ~ Just North& of Lawrence Avenue j~in.Jim 4828 SHERIDAN ROAD CHIICAGO. ILL. SHEIDAWALL PHONES LQN(êkACH 6320 Open Every Evening Durlmg This Augeusi' Sal. U.*il 10 P. M. ,W e are flot affiliated with-any other store of similar name- wwl