Letter from Attorney General Homer Cummings on Railroad Retirement Legislation.
Dear Mr. President:
Pursuant to your request of May 10th, that the railroad retirement matter be discussed with Mr. Eastman and Mr. Richberg, a conference was held in Mr. Richberg's office on May 23d, at which Mr. Richberg, Mr. Eastman and Assistant Attorney General Stephens were present and discussed the matter. The following conclusions, which I believe are sound, were reached at that conference:
(1) It was deemed inadvisable to request the Supreme Court to grant a rehearing. On May 25th, a release was issued to the press setting forth the reasons why a rehearing was not requested, as follows: "Every phase of the case and every issue of fact and law urged by the Government, or which has been emphasized by others interested, was fully considered and discussed by the Court in both the majority and minority opinions. There have been brought to the attention of the Department no new issues which could' be presented to the Court; and to the contentions made by the Government in brief and in argument it is believed that nothing could be added."
(2) In view of the sweeping character of the decision it was determined that it would be unwise to attempt to secure new legislation at this session of Congress.
(3) It was determined, however, in conformity with Mr. Eastman's suggestion, that Congress be requested to pass a resolution to create a commission to investigate the factual situation and make findings and suggestions for further legislation, if any.
You will recall that on May 17th, the Coordinator wrote you suggesting such a resolution, and on May 20th, you referred this matter tome for recommendations.
Franklin D. Roosevelt, Letter from Attorney General Homer Cummings on Railroad Retirement Legislation. Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/208723