On January 19, 1928, President Calvin Coolidge signed into law a bill that authorized a second judgeship for the District, with the proviso that when the existing judgeship (held by Judge Wade) becomes vacant, it shall not be filled unless authorized by Congress. When the original judgeship became vacant upon Wade's death in 1931, Congress did not act to reauthorize it, leaving the Southern District with a single judgeship.
On January 19, 1928, President Calvin Coolidge approved a bill that allowed for an additional judgeship in the District, with the condition that when the current judge (Judge Wade) retires or passes away, it will not be filled unless Congress gives its consent. When Judge Wade's position became vacant following his death in 1931, Congress failed to take action to reauthorize it, resulting in the Southern District having only one judgeship.