“ Until it is settled, assignment of retired judges to help clear dockets in federal courts under a litigious cloud will be hampered by uncertainty.
Nothing could be more obvious than that the Court of Appel s, no matter how it may decide the question now put in its keeping, will have it only temporarily. The inevitable final destination of the case is this Court. Decision here should not be delayed by wastefully time-consuming remand to the Court of Appeals of a question that is already be fore us. ”

“ See 28 U.S.C. § 1254, 28 U.S.C.A. § 1254. Cf. United States v. Mayer, 235 U.S. 55, 35 S.Ct. 16, 59 L.Ed. 129. Furthermore, the administration of justice in the federal courts demands a speedy disposition of this dispute. ”