1952 CONGRESSIONAL RECORD - SENATE 5513 placed Persons Act of 1948, as amended; to H.J. Res. 453. Joint resolution proposing PETITIONS, ETC. the Committee on the Judiciary. an amendment to the Constitution of the 1447. A letter from the Acting Attorney United States providipg for a 4-year term Under clause 1 of rule XXII, General, transmitting copies of orders en for Representatives and limiting the Presi 736. Mr. TAYLOR presented a petition of tered in cases where the ninth proviso to dent to one term; to the Committee on the residents of West Chazy, Chazy, Mooers, section 3 of the Immigration Act of Febru Judiciary. 1'.1:ooers Forks, Ellenburg Depot, Ellenburg ary 5, 1917 (8 U.S. C. 136), was exercised in By Mr. PICKETT: Center, and Altona, Clinton County, N. Y., behalf of such aliens, pursuant to section H. Res. 643. Resolution providing that the for favorable consideration of H. R. 2188, 6 (b) of the act of October 16, 1918, as briefs and oral arguments for the Govern which was referred to the Comn:ittee on amended by section 22 of the Internal Se ment, et al., in the steel seizure case pending Interstate and Foreign Commerce. curity Act of 1950 (Public Law 831, 81st in the Supreme Court of the United States Cong.); to the Committee on the Judiciary. shall be printed as House documents; to the •• .. ... •• 1448. A letter from the Acting Attorney Committee on House Administration. General, transmitting a letter relative to By Mr. RANKIN: SENATE the case of Barbara Ann Koppius, file No. H . Res. 644. Resolution providing for the A-7910011 CR 36631, and requesting that it consideration of the bill (H. R. 7656) to pro TuESDAY, MAY ·20, 1952 be withdrawn from those before the Congress vide vocational readjustment and to restore and returned to the jurisdiction of the De lost educational opportunities to certain 1 that it is not in any sense the duty of a ington, D. C., and was not familiar with with it by the judge is to disqualify com t judge to pass on those charges? what was going on in New York, it was pletely the judge from handling pro . Mr. WELKER. I am very familiar reasonable for him to ask the judge, who ceedings in regard to such matters in , with that point. knew about the matter. After the As his court in the future. In other words, Mr. WATKINS. Should not a judge sistant to the Attorney General asked if the judge gives such advice or if he . who said there was nothing to the for the opinion of the judge, and after talks about such matters to the district ' charges have been investigated himself the judge advised against such an in attorney himself, the judge is disquali . for making such a claim? vestigation, was it not a sensible solu fied from presiding over future trials I Mr. WELKER. I say to my friend. tion of the problem for the Assistant to involving those matters. . the Senator from Utah, that I have had the Attorney General to advise the fore 1 Mr. WELKER. Granted that Judge quite a bit of experience as a prosecutor. man of the grand jury of that fact and to Coxe had no right whatsoever to ven ·In that connection, let me say that when deny the request for the appointment of ture an opinion, my question is whether _. I am ready to investigate someone, I go a special assistant to the Attorney Gen Judge Coxe was correct when he advised . to the trial judge, the man who knows eral? against the employment of a special more about such matters than I do, to Mr. WATKINS. But Mr. McGranery prosecutor. see whether he believes an investigation had no business to ask the judge for Mr. WATKINS. How could he be cor should be had or whether .he believes an opinion in connection with that mat rect when he did not know what the evi that a special counsel should be ap ter. dence was? After all, the witnesses had pointed for that purpose. Mr. WELKER. Would not the judge not been called in. We know that he had 1 So I wish to know why it is that Mr. have been the best and most unbiased the minutes of the grand jury, but the McGranery is so severely criticized for person to consult and the one most likely memorandum prepared by the grand accepting the word of Judge Coxe. If to know whether the appointment of a jury was· in regard to the testimony my information is correct, those who special counsel was advisable? Mr. Mc· which probably would be given by wit have been making the investigation of Granery was in Washington, after all. nesses whom the grand jury intended to Mr. McGranery and the charges against Mr. FERGUSON. But he had the call. him have not seen fit to ask Judge Coxe memorandum. Mr. WELKER. Certainly Judge Coxe one question about this matter. Mr. WELKER. From whom did he would have known as much about the Mr.- FERGUSON. That is because have the memorandum? matter as Mr. McGranery would, would the matter was outside the jurisdiction Mr. FERGUSON. Mr. McGranery had he not? of Judge Coxe; he had nothing whatever the memorandum from the foreman of Mr. WATKINS. Perhaps so. How to do with it. the grand jury. ever, the grand jury was endeavoring to t Mr. WELKER. That is all very well; Mr. WELKER. But, after all, many obtain the evidence on the charges, by but could not Judge Coxe have been grand jurors make requests which are means of calling the witnesses. Ob asked why he advised Mr. McGranery not altogether sound. It seems to me that Mr. McGranery should be given viously Judge Coxe would not know what ·not to take such action? Perhaps Judg~ the evidence would be. It was the func Coxe knew more about the matter than credit for conferring with the judge who tion of the grand jury to take the testi the Senator from Michigan did or than should know whether crime was preva mony. Mr. McGranery did or than anyone else lent in that district. Obviously the grand jury could not did. However, I say that I am more critical make a fair investigation of the om.ce Mr. WATKINS. Mr. President, ill of Judge McGranery as a result of this of the district attorney unless the grand the Senator from Michigan yield to me one charge than I am as a result of any jury had an independent counsel. That at this point? others that I have heard of so far. is the gist of the whole matter. It was Mr. FERGUSON. I yield. On the other hand, I wish to say for not proper for Judge Coxe to step in; Mr. WATKINS. I have had some ex Mr. McGranery that I think he did the he was completely out of place in such a perience as a prosecutor and as a judge. right thing in going to Judge Coxe; and matter. It was unethical for him to act I know that a judge is not supposed to I still think Judge Coxe was entitled to as he did, and it was unethical for the be the legal adviser of a prosecutor. say what he did. Assistant to the Attorney General to Mr. WELKER. That is very true. Mr. WATKINS. Mr. President, will the ask his opinion, if he did so, and I do not Mr. WATKINS. Many times the Senator from Michigan yield to me at know whether he did or not. But it prosecutor has to take appeals from the this point? would be unethical for him to ask the judge's rulings. Mr. FERGUSON. I yield. judge whether he thought the charges It is not the duty of the judge to ad Mr. WATKINS. I think it is clear that were true, because the judge, himself vise either the prosecutor or the attorney Judge Coxe was not a party to the pro might later on have to try those very for the defendant, except as matters may ceeding as a matter of law, and had cases. arise in his court. nothing to do with it. In such a mat Mr. WELKER. It would be somewhat In this case the grand jury discovered ter, no one could claim any defense be embarrassing for the Assistant to the evidence which it believed indicated cause of the fact that he had talked to Attorney General to order a special that there had been misconduct on the the judge. prosecutor, after Judge Coxe had told part of the district attorney's omce. The trouble is that, these days, too him there was no need of one, would it The grand jury had evidence regarding a many persons, including lawyers, think not? number of cases in that connection, and they have a right to go to a trial judge and obtain his advice about some of the Mr. WATKINS. It is often embar had them detailed. rassing to appeal from the decision of a It did not lie with the district attor matters which are being handled in his ney or with the judge to say to the court or some of the matters which are judge, I may say to the distinguished grand jury, "You cannot conduct an in- going to come under investigation. Senator from Idaho, yet the Government . vestigation; there is not evidence suffi Mr. WELKER. Apparently the judge does it. It criticizes the courts frequent cient to warrant one." In my judg gave that advice, did he not? ly for the decisions they make, too. We ment the Assistant· to Attorney General Mr. WATKINS. '!'he judge gave it but saw such an instance in the Supreme had· no business conferring about this it was completely outside his realm of Court only a few days ago, in proceed matter with the judge and asking him activity, and it was none of his business ings in which the Solicitor General criti- · · for his opinion regarding it. The As- to give such advice. cized a very distinguished judge by the 195~ CONGRESSIONAL RECORD.=... SENATE 5525 name of Pine, who had made certain of expressing the appreciation of the Depart Mr. President, it is clear that Mr. Mc decisions the Government did not like. ment for your and their conscientious serv Granery gave as a reason the judge's Mr. WELKER. I am mindful that it ice as grand jurors. opinion, but the law made Mr. McGran After discussing the matter very thoroughly is the right of anyone to appeal. But I with you in the chambers of Judge Coxe, I ery take the responsibility for his opin should like to know why the committee stated to you the general policy of the De· ion; which became the opinion of the could not have gottep to the bottom of partment with respect to the general subject Attorney General. this thing. Judge McGranery states in matter under discussion in that inasmuch From this past experience, Mr. Presi all the letters written by him in 1945 his as you had discussed it with three of the dent, can we expect a very thorough ex reason for not getting a special prose judges for the southern district of New York amination of all of the things that are cutor. He did not then have upon his and, since Judge Coxe had very thoroughly going on ih connection with the enforce mind the fact that he was to be nom studied the minutes recorded before the grand jury, I must respectfully say to you ment of the criminal law? That is the inated for the great position of Attorney we could not overrule the considered judg question which arises from this record. General, and that his nomination was ment of the three judges who have exam Mr. WELKER and Mr. WATKINS rose. to come before the Senate of the United ined into this matter most carefully. Your Mr. FERGUSON. Are we going to States for confirmation. He gave then request, therefore, for the appointment of have an Attorney General who is will as his defense the fact that the judge a special assistant to the Attorney General ing, in neglect of the law, to hide behind who presided thought a special prosecu must be denied. the skirts of a judge? That is the test. tor was not needed. We now come back With kind regards. Is he going to obey the law •. or is he going to throw that in his face and to say to . Very sincerely, JAMES P. McGRANERY, to give some reason for not making an him, "You should have disregarded the The Assistant to the Attorney General. investigation and not going to the bot remarks of the judge." tom of corruption? As I said, in this Mr. FERGUSON. Mr. President, that In return, he received a letter from instance, there were 10 specific cases is exactly one of the points shown by Mr. Lafferty, under date of July 3, 1945, which he should have gone into. the letters I am going to read on the reading as follows: Mr. WATKINS. Mr. President, will question of whether Judge McGranery DEAR MR. McGRANERY: In your letter of the Senator from Michigan yield? knew what the law was. The record June 27 I find a statement which apparently The PRESIDING OFFICER (Mr. was, in part, the basis of your decision but shows that he knew, because he had a. BENNETT in the chair) . Does the Sena memorandum on it. Herbert Wexler, with which I cannot quite agree. In your tor from Michigan yield to the Senator Assistant Attorney General, before Mc letter you state "• • • inasmuch as you have discussed it with three of the Judges from Utah? Granery went to New York told him this: for the southern district of New York, and Mr. FERGUSON. I shall be glad to The Attorney General has authority since Judge Coxe had very thoroughly stud yield. under section 310 of title V, United States ied the minutes recorded before the grand Mr. WATKINS. Is not the fact that Code, to designate an attorney specially jury • • •:• Judge McG.ranery went to the judge at appointed to conduct any kind of legal The facts are that I had occasion to talk all to get his information as to whether proceedings, including grand-jury . pro to four judges in connection with this mat special counsel should be appointed, a ceedings. The grand jury has independ ter, but the only judge with whom I had clear indication that he did not under ent authority to investigate charges of occasion to talk in connection with obtain ing the appointment of a special assistant stand the law? As a matter of fact, it <:rime within the district. The district to the Attorney General was Judge Coxe. In was the duty of his office to make that 'court has plenary discretion to deter dealing with this matter, I did not at any decision. mine whether to continue the grand jury time ask a judge or any official of the Gov Mr. FERGUSON. He had a memo beyond the term for the purpose of com ernment whether or not the grand jury randum on it. pleting its investigation-that was the should make the investigation which they Mr. WATKINS. Advising him what court's province, but it was not the had under consideration. I merely asked the law was. court's province to name the counsel. It the question whether or not the jury could have counsel, expressing a preference for a Mr. FERGUSON. Yes; advising him is the duty of the Attorney General to what the law was. attend the grand jury, and it is within special counsel. I might add that, in talk ing to Judge Knox before this matter was Mr. WELKER. Mr. President, will the authority of the Attorney General to presented ·to the jury, he took particular the Senator from Michigan yield? appoint special counsel to conduct grand pains to. advise me that it was for the jury Mr. FERGUSON. I shall be happy to jury proceedings. That is what Mr. Mc to decide, and only the jury, as to whether yield. Granery was asked to do. or not they should make an investigation Mr. WELKER. The Senator from Mr. WELKER. . Mr. President, I think of charges made before them. Michigan has been very courteous, and almost everyone knows that the Attorney Then, on July 9, Mr. McGranery wrote General of the United States has the I do nc,t want to bother him much longer right-yes, perhaps the duty-of ap to Mr. Lafferty the following letter: with reference to this subject. The pointing a special prosecutor. But MY DEAR MR. LAFFERTY: This is in reply to point as to which I am critical of the whom would the Attorney General ap your letter of July 3, 1945. opponents of the nomination is that if You inform me that you have discussed they think Judge Mc.Granery did not point if the grand jury in New York were this matter with four judges of the District in fact investigating a district attorney know the law or that he acted in a way Court for the Southern District of New York, to mislead law enforcement officers, why of the United States? Is there not some and not three judges as I stated in my letter did they not bring Judge Coxe here to ex way by which the court could appoint to you dated June 27, 1945. That you talked the special prosecutor? to four judges instead of three does not, in plain why he advised against the ap Mr. FERGUSON. No; there is no way. my opinion, change the situation. The fact pointment of a special prosecutor? The The court could not appoint counsel. is that at least one judge, namely, Judge judge had no right to interfere in the Coxe, has thoroughly studied the minutes matter, but it is my opinion that he Mr. WELKER. Does the Senator of the testimony taken before the grand mean that the Attorney General would knew more about it than did Judge Mc jury, and you and he and I completely can Granery who was here in Washington. appoint the prosecutor to prosecute an vassed and discussed the matter at the con arm of his office? ference in Judge Coxe's chambers, at which It seems to me it is perfectly logical that Mr. FERGUSON. Yes. time I informed you of the general policy being confronted with a request like this Mr. WELKER. Then we had better of the'Department of Justice on this matter. from the foreman of the grand jury he get busy with some legislation on that Furthermore, I advised you in my letter of would go to the trial court. June 27 that the Department would not over Mr. FERGUSON. I conferred with subject, too. rule the considered judgment of the judges Mr. FERGUSON. Let me show the the distinguished Senator from Arizona who have examined into the matter and that because we had so little time to make up Senator that Mr. McGranery knew what .therefore your request for a speciai assistant the law was, and that he had autbority to advise the jury must be denied. the minority report; but we felt that be. for what he said. Here is what he said Nothing in your recent letter in any way cause of the facts in the Amerasia case, in his letter dated June 27, 1945: changes the basis of that decision and, ac and in this matter, which involved very I to MY DEAR MR .. LAFFERTY: After leaving the cordingly, it remains the decision of the At- serious charges,- should like have · conference Thursday afternoon I thought torney General. · more testimony taken in the matter. you might care to have something in Writing With my kindest regards, I am, But I am willing to stand upon the roo., from me to show to your fellow members of Very sincerely, ord as I now find it. the February grand jury, of which you are JAMES P. McGRANERY, But that is not the only thing in the 19reman, so I am tak;ing this opportunity The Assistant to the Attorney General. record. Mr. President. There are other 5526 CONGRESSIONAL RECORD - SENATE May 20 things in the record which explain ex Who is this man Thomas D. McBride? . trial of the cases. So far as material matters actly what the Assistant Attorney Gen He said: are concerned, I have never heard the slight eral was doing in the particular case. est imputation against his honesty, either as I speak only !or myself,· but I am chair a Congressman or as a judge or as a lawyer. Immunity from investigation was al man of the committee on criminal justice lowed in 1945, but if there had been an and law enforcement of the Philadelphia Bar Mr. WELKER. Mr. President, will the exploration then, the Department of Association. I am on the board of governors Senator yield? • Justice would today be more respected in of the Philadelphia Bar Association. I am Mr. FERGUSON. I am glad to yield. the United States. As Mr. McGranery president of the Voluntary Defenders Asso Mr. WELKER. I tried to ascertain ciation, which, in Philadelphia, is admin himself said, one of the things he was istered by the Community Chest, and we de today in Martindale's Law Directory the going to do was to bring about respect for fend indigent people. I am not counsel. I rating of Mr. Thomas D. McBride as an the Department of Justice. am the president of the organization. attorney and counselor, and I wish to Mr. WELKER. Mr. President, will the say that I was unable to find such a rat Senator yield further? He meant that he was not counsel for ing. If the Senator will assure me that Mr. FERGUSON. I yield. the Community Chest. He said: Mr. McBride is a class A lawyer, I will Mr. WELKER. I hope the Senator I am president. of the organization. I accept pis word. from Michigan does not think I am as have worked with joint State government Mr. FERGUSON. I read what Mr. commissions, and am presently a member McBride said. suming that he is unfair in connection of the consulting committee of the Ameri with this very important matter. The can Law Institute, in such matters. I have Mr. WELKER. I, too, read the list of Senator has made a great study of it. been active in the local bar association, a offices Mr. McBride held, but I should I studied the file until 2 o'clock this member of the Pennsylvania Bar Associa like to know how he is rated in Martin morning. I have never met Judge Mc tion. dale's Law Directory. I was unable to Granery. He is a stranger to me, but find his rating, but assuming he is a I want to see justice done. I appreciate I asked him this question: high-class, grade A lawyer, I do not be the efforts of the Senator from Michi Suppose I would ask the general question, lieve a man should be denied office in What do you say as to the competency of gan and the Senator from Utah, and I Judge James McGranery to be a Cabinet of the Cabinet of the President of the merely want to be enlightened as we go ficer, the Attorney General of the United United States because of the fact that along. States? one trial attorney testified that the Mr. FERGUSON. I am not disturbed nominee had absolutely no knowledge of in the least by questions; in fact, I shall Here is his answer: the law. I am mindful of the fact that be better able to present the matter to It is my firm conviction that he is unfit. I have been a trial attorney for several the Senate if I am asked some questions. There is a distinguished member of the years and that I hold in utter contempt Judge McGranery was an assistant to bar of Philadelphia saying, "It is my firm many judges who no doubt know twice the Attorney General. He then went on conviction that he is unfit." as much law as I do. the bench. A very distinguished lawyer I said: Mr. McBride in his testimony admit ted that he was the appellant in one case told us what he thought of McGranery Will you give your reasons? as an assistant to the Attorney General. which was reversed. If the testimony Who was this lawyer? If I can level any He said: I read is correct, Judge McGranery had criticism at the bar, I think it is the fact I am a practicing lawyer in Philadelphia; 3 cases reversed out of some 84 that that members of the bar are fearful about I have known Judge McGranery before and went to the appellate court. expressing themselves on the conduct of since he became a Congressman, since he be Mr. FERGUSON. Oh, no. He was re courts in the administration of justice. came a Federal judge. I have had personal reversed in about 13 out of 23 criminal They are too timid. Why are they experience in the trial of cases before him, cases. I have had contacts, or I have had communi timid? Because they are fearful of re cations with other members of the bar in and Mr. WELKER. The record is set forth prisal. That is why many of them are about Philadelphia, and it is my judgment in the minority report. I thought Judge timid. They will tell us that they are that Judge McGranery is not fit by reason of McGranery was reversed in three cases. sticking out their necks every time they fundamental knowledge of the law- Be that as it may, certainly Philadelphia come forward to testify on the question has some 6,000 practitioners of-the law, of the confirmation of the nomination "Fundamental knowledge of the law,'' and the testimony of one of them that of a judge. We are approving judges he said- Judge McGranery is not fit is not very and attorneys general after FBI reports and that that lack of knowledge is coupled conclusive proof, in the mind of the are made. We are asked to approve with an arrogance beyond that of any judge junior Senator from Idaho. that I have known within our time in the judges, but we are not allowed to use our eastern district of Pensylvania. The witness testified that Judge Mc judgment and draw our inferences in Just as in the cases that he has made these Granery was arrogant. That may be connection with what is in such reports. legal errors, they are so glaring, they are so true. As I have said, I have never been Why? Why does the taxpayer pay the fundamental, that any schoolboy would in Judge McGranery's court. I do not FBI for making an investigation? The know better. know how he conducts court. But it President of the United States did not There was not the slightest justification has been my opinion that many lifetime have an FBI report made on Judge Mc for them and, as I have heard since I have appointees to Federal judgeships at been here this morning, they touch funda Granery in the 2 or 3 minutes between mental rights. They should not have been times lose patience with counsel. In my the resignation of the Attorney General made, and that they were the products of opinion, at least, they sometimes become and the nomination of Mr. McGranery pure ignorance which was equaled only by a little arrogant. for that office. Thank God, there are the judge's arrogance in his attitude in the With reference to fundamental know men in the United States who will come trial of cases and in his trial of all cases ledge of the law, I am going to assume forward, not fearful of any reprisal, and almost without exception that he conducts that Judge McGranery read the same tell us that, at least, they feel that a in the eastern district in the criminal court. Iawbooks the Senator and I read, and His mistakes have, therefore, been funda judge can do a great deal less harm than mental. I think, as does this committee, that that he passed the same class of bar ex can an Attorney General. the office of the Attorney General of the aminations we took. He has certainly When Mr. McBride was asked the United States is a high quasi-judicial office gone pretty far in the field of law qaestion as to whether, if McGranery was in which judicial temperament, knowledge, further than I ever went, because he was as bad a judge as he thought he was, why administrative ability, all combine and are confirmed for a lifetime appointment to necessary in the handling of the great busi a Federal judgeship. In my opinion, he should want to keep him on the bench ness of the Government. I do not think those matters weigh heavily as against in a lifetime position, instead of permit Judge McGranery has any of those qualifica the individual testimony of one lawyer, ting him to become Attorney General, tions. like Mr. McBride, who might be biased. he said he had mixed emotions on that Then Mr. McBride made a very serious Mr. FERGUSON. Mr. President, we point. Attorneys said to him, "Why not .charge concerning the intellectual hon have not the testimony of one witness get rid of him under this lifetime ap esty of Judge McGranery. He said: alone as to Mr. McGranery's familiarity pointment and send him to Washing Intellectually I would say that Judge Mc with the fundamental principles of law. ton?" He said he would not do that. Granery is not intellectually honest in his Let us consider the judge's charges to the 1952. CONGRESSIONAL ~RECORD-· ·-SENATE 5527j jury, following -3 years as an assistant tween reasonable doubt and preponder Mr. _BUTLER of Maryland. In other' to the Attorney General, to get some ance of the evidence. That is what the words, the judge had a second oppor idea of his knowledge of the fundamen appellate court found when it reversed tunity, and he still made the same error. tal principles of law. Do not take the the decision. · Mr. FERGUSON. A motion for a new testimony of only one attorney. The Another matter respecting the charge trial was made, and the question was attorney came here and gave his sworn which was considered by the appellate again before him. He again committed testimony. · It think he believed what he court was the fact that there were three the same error. Defendants should not was saying. - defendants and that there were two be compelled to appeal cases on the Mr. WATKINS. Mr. President, Will counts in the indictment. The court basis of charges such as that, when they the Senator yield? · did not charge the jury that they should are called to the attention of the court Mr. FERGUSON. I yield. find each defendent guilty or not guilty on motions for new trial. Mr. WATKINS. Is it not a fact that on each count of the information, nor This is not the only case. We are Mr. McBride was. subpeaned . to come; did the jury render separate verdicts as subjected to criticism for calling these that he did not come voluntarily? to the guilt or innocence of the defend fundamental errors to the attention of Mr. .FERGUSON. That is correct. ants on each of the two counts. This the Senate. Think of it. This man He was subpeaned. . showed a lack of fundamental knowledge is nominated to be Attorney General of Mr. WATKINS. Is it not a fact that in a charge to a jury. the United States. If he lacks a funda he had be.en contacted by the FBI, as Mr. WELKER. Mr. President, will the mentai knowledge of the law, how will I think he testified, and had given them Senator yield? he be able to determine whethe1; or not a statement which led to his being Mr. FERGUSON. I yield. he has good lawyers working under him, subpeaned by the Senate? Mr. WELKER. I read at length the and whether or not they are properly Mr. FERGUSON. That is correct. testimony with respect to Judge Mc trying cases? Mr. WATKINS. He testified under Granery's charge as to reasonable doubt Next we come to the case of United subpena in response to a request of the and prep011derance of the evidence. I States against Aleli and United States committee itself, did he not? know that the judge was wrong in his . against Lembo. The judge was criti Mr. FERGUSON. Yes. charge to the jury. But I am also mind cized for his arrogant conduct during Mr. WATKINS. He did not volunteer ful of the fact that almost every judge the trial. This is the arrogance about information. who charges a jury commits reversible which we have heard from others. Mr. FERGUSON. That is correct. error many, many times. I assume that The appellate court, in commenting Let us take the case of United States if we were to look at the record of any on the conduct of the trial judge, stated against Crescent-Kelvan Co., in which judge, we would find that he had charged that- · the judge charged the jury that ·the guilt juries many times, arid that when the cold type was brought before him to The record indicates that the distaste of of the defendants was to be proved by a the trial judge for .the alleged offenses un preponderance of the evidence. It was show him the error be had made, it fortunately evidenced itself in his questions called to the· attention of the judge that would probably be as ridiculous as the and comments. * • • Our independent ·the fundamental principle of law is that charge upon which Judge McGranery examination of the record satisfies us that one is presumed to be innocent until he was reversed. the cumulative effect was serious. Refrain is proved guilty beyond a reasonable Mr. FERGUSON. I am glad to have ing from unintentional display of partisan doubt, not by a preponderance of the the opinion of the distinguished Sen ship may not have been easy under the evidence. Preponderance of the evi ator from Idaho. attendant circumstances, but for that very reason was all the more necessary. The dence applies only in an action between Mr. WELKER. Reversible error may appellants were entitled to a fair trial in civil litigants, not in criminal cases at be found many times in charges to accordance with the applicable law. That all. I quote from the record : juries. As the Senator can well appre the conduct imputed to them was shameful This misstatement was called to the court's ciate, a judge has a terrific job in did not change the norm. This, of course, attention by counsel for the defendants at charging a jury. The error in this case was understood by the trial court and is the close of the charge and the court then was fundamental error. I agree with shown by his charge. As we see it, how charged that the Government "has the bur the Senator from Michigan that it ever, though the charge did help the situa den throughout the trial of establishing be should never have happened. But it did tion, the substantial damage already done yond a reasonable doubt, every fact essen happen. I should like to say, in behalf was not thereby entirely eliminated. tial to the conviction of the defend Mr. WELKER. Mr. President, will ants • • • ." Thereafter, counsel for the of the gentleman we are now discussing, Government suggested to the court that it that the Senator and other members of the Senator yield for a question? might explain to the jury "the question of the committee gave him a pretty good Mr. FERGUSON. I am glad to yield. reasonable doubt and eliminate the words bar examination before the Judiciary Mr. WELKER. This is one of the 'preponderance of the evidence' and stick Committee. Before the committee he cases-and the Senator will correct me to 'reasonable doubt'." gave a definition of reasonable doubt if I am mistaken-in which Judge Mc We all know that the court sums up and preponderance of the evidence Granery was reversed because of opin to the jury, or charges the jury on the which was much better than any defini ions expressed by the judge before the law. The jury is the judge of the facts, tion which could be given by many law jury in the trial of the case. I have but the court instructs the jury in the yers I can think of in the TJnited States only this observation to make: Some ref law. That is why the proceedings are Senate at the moment. erence has been made heretofore to the reported, so that they may be reviewed I have engaged to a great extent in point that perhaps there was laxity on by an appellate court to determine if the practice of criminal law. I have the part of Judge McGranery in trying the judge is wrong. So when Judge Mc written many requests for instructions ·certain cases involving law violations. Granery was asked the question about in criminal cases, but I am sure that I That is something for which I do not eliminating the phrase "preponderance could not give as good a definition as commend him. I do not commend the of the evidence" and substituting "be the judge gave before the committee. judge for taking a stand prejudicial to yond a reasonable doubt," this is what He did commit reversible error; but if a defendant. However, as the Senator the judge said to the jury: we are to deny a judge an appointive well knows, that seems to be the fa omce because of errors which he has vorite indoor sport of many judges. The question of reasonable doubt is the committed in citing the law, not many question that you a.re to determine. I! you They take sides against defendants in are satisfied beyond a reasonable doubt that judges wrr. ever rise higher. cases which do not sound right to the in the first count of the information that Mr. BUTLER of Maryland. Mr. trial judge. tht!re was an adulteration, that is sufiicient; President, will the Senator yield? if you a.re satisfied on the second count be Mr. FERGUSON. I yield. I think this judge was reversed twice yond a reasonable doubt that this was mis Mr. BUTLER of Maryland. Was not on that ground. If one reads the cross branded. that is sufficient. Does that answer the reversible error made in this case examination of the judge when he was your question?-that is the preponderance of after the error in the original charge before the committee, I believe it will the evidence. bad been called to the attention of the appear that the nominee gave a very Mr. President, the judge indicated that judge? good account of himself in answer to he did not even know the difference be- Mr. FERGUSON. That is correct. the questions propounded. As I recall, 5528 CONGRESSIONAL RECORD=. SENATE May 20 he admitted that at times he had be The next day the defendant was on On February 27, 1940, McGarrity gave come biased to the point where the de the witness stand when the court took a Brislane a memorandum acknowledging fendant was prejudiced, and as a result recess. When the court declared the re receipt of the $4,000 for the purpose of the defendant was granted a new trial. cess the court made the defendant stay giving it to James P. McGranery in trust Am I correct in stating that not once, on the witness stand, in violation of the to cover bail expenses on behalf of Rus but twice, the judge was reversed be constitutional right of a defendant to sell, for which Thomas F. Chawke, of cause of his expressions of feeling? consult with his counsel. The appeal Detroit, had obligated himself on a bond. Mr. FERGUSON. That is true. court said, in reversing the judgment ,This receipt, signed by Joseph McGar The next case was the case of United and remanding the case for a new trial rity, also indicated that the money was States against Ward, May 12, 1948. The and incidentally a new trial was de to be returned to the Clan-Na-Gael if it appellate court, in reversing judgment manded at the end of the trial, and the developed that it was unnecessary to and remanding the case for a new trial, trial court could have corrected its use it. stated that-- error-stated that to deprive an ac That is what the receipt stated. The We think that on occasions during this cused defendant and his counsel the sum of $4,000 was then delivered by Mc t rial there was an unfortunate departure right to consult during a recess was most Garrity to James P. McGranery and was from calm and impartiality (on the part of certainly a deprivation of the defend to be followed by the delivery of the sum the trial judge]. While a trial judge must ant's constitutional right to consult of $1,000, as set forth in a receipt signed insist that proceedings before him be con counsel at all stages of the proceeding, by J?,mes P. McGranery. ducted with decorum and dignity necessary to effect justice, the method to accomplish and that the appellate court could find On March 21, 1940, McGranery re this justice is not by becoming a party to no justification for imposing a restric ceived the additional $1,000 from James the con test going on in his courtroom. In tion of silence between the accused and Brislane, as set forth in the receipt to any event. this trial came to a close with his counsel during a trial recess. Brislane. Mr. McGranery in his receipt numerous indications that emotions on the Mr. President, those are fundamental set forth that the full sum of $5,000 was part of both court and counsel have been issues. Those are the points to which to be used to indemnify Thomas F. deeply moved. We will not perpetuate the memory of incidents that are better forgotten Mr. McBride testified. Such testimony Chawke against any loss arising out of by reciting them in detail. is relevant to the question whether a his obligation on the bond of Sean Rus judge possesses judicial temperament. sell and, in the event he suffered no loss, The incidents are not recited in detail. On the question of whether or not the said sum of $5,000 was to be returned Apparently the appellate court was very Judge McGranery knows the law, let me to James P. Brislane. charitable to the trial judge. However, discuss another case. It is the case of I underscore those words. When he the judgment was reversed. Clan-Na-Gael against James P. McGran gave the receipt for the $1,000, the bal At another point in the course of the ery. The title of the case as it appears ance of the $5,000 involved, McGranery trial judge's charge and in commenting in the official records is: James Brislane, himself put in the receipt that the sum upon the. defendants• failure to take the individually, and as trustee ad litem for of $5,000, made up of the $4,000 given stand in their own behalf, the court Clan-Na-Gael of New York, an unincor to him by McGarrity and the $1,000 given stated this was one of their rights as free porated association, against James P. by Joseph Brislane, was to be used to Americans and that they could not be McGranery and Kathryn McGranery, indemnify Thomas F. Chawke against compelled to testify but the charge went Rev. Peter McGarrity and William C. any less arising out of his obligation on on to say: Carroll, executors of the estate of Joseph the bond. But by the same token you can weigh in McGarrity, deceased. your mind the fact that they did not [testify] Mr. McGranery made no delivery of with everything else heretofore said to sat I shall briefly recite the facts in the the money to Mr. Chawke despite many isfy you of their guilt. case. The King and Queen of England requests from the latter. were visiting in the city of Detroit. An That fact becomes significant a little In other words, he charged the jury Irish Revolutionary patriot named Sean later because here we have a lawyer and that they might consider the fact that Russell appeared in Detroit at the same a former Member of Congress saying on the defendants did not take the witness time, either by design or coincidence. the receipt itself, that when he got the stand. That was reversible error. That He was there at the time the King and last $1,000, the full $5,000 was to be de involvea one of the fundamental princi Queen came from Windsor, Canada, to livered to Brislane. The money was col ples of criminal law which should be Detroit. Russell was arrested. He en lected from the members of the Clan-Na known to any man who is supposed to be gaged the services of a prominent and Gael. Then Mr. McGranery put in the versed in such law. A motion for a new distinguished Detroit lawyer named receipt itself that the money was to be trial was entered, and the judge had an Thomas F. Chawke. returned to Brislane. In the meantime opportunity to correct his error, but he The lawyer wanted to get bond for his McGarrity died. In 1944, the bond was refused to do so. client. The immigration officers had ar canceled, and these people tried to get The next case also involved a funda rested Russell because he had overstayed mental right guaranteed by the Consti their money back. his visa. A question arose with respect Mr. WATKINS. Mr. President, will tution. The right involved in the previ to obtaining a bond from a bonding com ous case, the right of a man not to be the Senator yield? compelled to testify against himself, is pany, the National Surety Co., as I re Mr. FERGUSON. I am glad to yield. based on a constitutional principle. No call. The surety on the bond, partic Mr. WATKINS. When the Senator man can be compelled to testify against ularly with a nonresident involved, says "these people," whom does he himself. If a court is to charge the jury wanted some guarantee. Therefore Mr. mean? that the fact that a man fails to testify Chawke was required to guarantee $5,000 Mr. FERGUSON. The Clan-Na-Gael. may be used against him, that constitu so that if Russell failed to live up to the Mr. WATKINS. Members of the Clan tional right is destroyed. terms of the bond the bond would be Na-Gael, who had contributed the The next case to which reference is forfeited and the bonding company money, according to Brislane? made is United States v. Venuto <182 would have a guaranty from Chawke. Mr. FERGUSON. That is correct. Fed. <2d) 519, May 29, 1950). Mr. Chawke guaranteed the bond. Through the man Brislane, who had re Mr. President, here is what Judge Mc He got in touch with some people in tained the receipt when he gave the last Granery did in this case. The defend New York and in Philadelphia, and $1,000 to McGranery. All the money was ant had taken the witness stand in his $5,000 was to be put up as a guaranty, to to be returned to Brislane. Brislane own behalf when a recess was taken at be placed in the hands of Chawke. wanted the money returned to the mem the end of the day. The judge said to Chawke demanded it many times, but the bers of the clan. the defendant, who was on the wit money was put in the hands of Mr. Mr. WATKINS. Did Brislane testify ness stand, that he would have to make McGranery, who was then a Member of before the committee? an agreement with his lawyer and with Congress. Chawke never got the money Mr. FERGUSON. Yes; he testified. the court that he would not consult with with which actually to guarantee the That is what he testified to, and the re his attorney during the night. What bond, but he had the word of McGranery ceipt is a part of the record. would happen if he did not agree? His that McGranery had the $5,000. Did Mr. WELKER. Mr. President, will the bond would be forfeited and he would be McGranery get the $5,000? Here are Senator yield? sent to jail. the facts as set forth in the record. Mr. FERGUSON. I yield. CONGRESSIONAL RECORD - SENATE 5529 Mr. WELKER. As I understand, a civil seven lawyers went into this case and Mr. CHAVEZ. Mr. President, will the suit arose out of the situation the Sena tried to get this money returned. Senator from Michigan yield to me? tor from Michigan has related to the Mr. CHAVEZ. Mr. President, will the Mr. FERGUSON. I yield. Senate. One of the attorneys repre Senator from Michigan yield to me? Mr. CHAVEZ. I should like to have senting the plainti1I was a gentleman by The PRESIDING OFFICER (Mr. one point made clear, in connection with the name of Richard Dilworth. Is that HENDRICKSON in the chair) . Does the the suit against Mr. McGranery at the correct? Senator from Michigan yield to the Sen time when he was a judge. Was the suit Mr. FERGUSON. That is correct. ator from New Mexico? filed because of anything Mr. McGranery Mr. WELKER. The Senator from Mr. FERGUSON. I yield. did at the time when he was a judge, or Michigan said that Mr. Dilworth was for Mr. CHAVEZ. Will not the Senator was it filed because of his activities be a long time the political enemy of Judge from Michigan also add that attorneys fore he was a judge, when he was an as· McGranery. I merely wish to ask this are afraid of district attorneys? sistant to the Attorney General? question: If there was so much wrong Mr. FERGUSON. Yes. Mr. FERGUSON. The suit was filed with Judge McGranery's holding this Mr. CHAVEZ. In this instance we are because of hiS activities before Mr. Mc· money and disbursing certain sums for referring to Mr. Dilworth. Granery was a judge. attorney's fees for services rendered in Mr. FERGUSON. Yes. It appears Mr. CHAVEZ. However, because the behalf of the defendant, why did not that at times lawyers are afraid of law· suit was filed when Mr. McGranery was some bar association take notice of the enforcement officers. I make that state· a judge, it has been intimated and in situation and disbar McGranery? ment only because of the record in this sinuated that the suit was filed because Certainly, as the Senator from Michi case. I am trying to stick entirely to of something Mr. McGranery did when gan admits, Mr. Dilworth was Mr. Mc· the record. he was a judge. No etfort has been made Granery's long-time political enemy. Finally another lawyer entered the to show that the suit was based on some Such activities occur in most bar asso case. The final determination was that thing which occurred before Mr. Mc ciations that I know of. In that case, the money belonged to the estate of the Granery became a Federal judge, and Mr. McGranery would have violated the deceased. When Mr. McGranery finally was based upon something which he may code of ethics of the American Bar As paid the money into the court, after he have done while he was a private at· sociation and could have been completely was sued in 1948, at the time when he disbarred. was a judge, he claimed that the money torney. Mr. FERGUSON. I cannot answer the belonged to the estate of the deceased Mr. FERGUSON. It is clear that the Senator's question as to why the Phila and did not belong to the deceased, who action complained of in the suit oc delphia bar did not initiate disbarment had been his client. If that is so, why curred long before Mr. McGranery be· proceedings against Mr. McGranery. did Mr. McGranery write a receipt show came a judge. However, I shall tell the Senator from ing that the money belonged to his Mr. CHAVEZ. I know the Senator Idaho some of the facts in that case, and · client? Why did he give to Mr. Brislane from Michigan wishes to be fair to every then he must judge for himself whether a receipt in which it was stated that the one. After all, one of the characteristics he believes that Judge McGranery's con· money was to be returned to him? of an American is fair play. I merely duct was or was not becoming to an as Furthermore, in 1945, a lawyer by the wish to have the RECORD clear in regard sistant to the Attorney General of the name of Thomas M. J. Vizard, who was to this matter, and I wish to understand United States. retained by the Clan, came to Washing clearly that Judge McGranery was not Mr. WELKER. The Senator from ton to see Mr. McGranery in the Attor sued because of any action he took while Michigan cannot help me with regard to ney General's omce, and made with Mr. he was a judge. ti;ie matter of the attorney's fees, for I McGranery a verbal settlement to the Mr. FERGUSON. That is correct. did not follow the minority views. etfect that the Clan was to get $2,500 of Mr. CHAVEZ. It happened that Mr. Did Mr. McGranery feel obligated to the $5,000, that $1,500 was to go to Mr. McGranery was a judge at the moment pay or did he actually pay some of the McGranery as a legal fee, and that the when the suit was filed, but the suit was bail bond to reimburse attorneys who remainder of the fund was to be paid as based upon an alleged course of action had worked in that case? a part of the expenses. A settlement prior to the time when Mr. McGranery Mr. FERGUSON. He paid $301 to was made; and Mr. Vizard testified be was a judge. Is not that correct? attorneys who represented the bonding fore our committee about the settlement, Mr. FERGUSON. That is correct. company in Detroit. Then he paid the and also testified in the case in New Mr. WATKINS. Mr. President, will premium on the bond. York. He made an agreement to get the Senator from Michigan yield to me? · Mr. WELKER. How much did the back for his clients $2,500. He wrote Mr. FERGUSON. I yield. premium amount to? numbers of letters to the judge. He got Mr. WATKINS. However, it is a fact Mr. FERGUSON. I assume that on a the receipt signed in just the way the fs it not, that when the case involving $5,000 bond-unless the rate has been judge wanted it signed, but Mr. Vizard this sum of money was tried by a jury, changed-the premium would have been could not get the money. after suit was brought by an attorney in $50 a year. Mr. WATKINS. Mr. President, will Philadelphia against Mr. McGranery, Mr. WELKER. I take it that Mr. the Senator from Michigan yield to me? Mr. McGranery was then a Federal dis McGranery had judgment rendered Mr. FERGUSON. Yes; I yield for a. trict judge? against him in the civil suit. question. Mr. FERGUSON. That is correct. Mr. FERGUSON. That is correct. Mr. WATKINS. The Senator from Mr. WATKINS. And he testified at Mr. WELKER. Did he pay the judg.. Michigan spoke of "the judge." that time. One of the matters which ment? Mr. FERGUSON. I am speaking of raises some criticism and some question Mr. FERGUSON. Yes; he deposited Judge McGranery. 1s the fact that in that suit he was sharp the money in court. I shall come to that Mr. WATKINS. Was Judge McGran· ly contradicted by other witnesses, and point later. ery a Federal judge at the very time of course he was contradicted by his own Mr. WELKER. I wish the Senator when that was happening? receipt; and the question was whether from Michigan to be very careful on Mr. FERGUSON. No; he was then an he was telling the truth in that case. that point, because in cases involving an assistant to the Attomey General. Mr. FERGUSON. That is correct. honest dispute of that sort it is proper Mr. WATKINS. Was he not sued at Mr. WATKINS. The jury found for the defendant to come into court the time when he was a judge? against Judge McGranery; is not that and say, "I pay to the court this money, Mr. FERGUSON. Yes; he was sued correct? and it iS for the court to decide to whom at the time when he was a judge. Mr. FERGUSON. That is correct. the money should go." Mr. WATKINS. The dealings with the Mr. WATKINS. That conduct oc Mr. FERGUSON. Yes, but why did second attorney and the agreement to curred while Mr. McGranery was a Mr. Dilworth sue? Why was it necessary pay back the $2,500 occurred at the time Federal district judge-not before he was to get Mr. McGranery's political enemy when Mr. McGranery was a Federal a judge, but while he was a judge; the to sue him? I shall explain that point judge. Is that correct? trial occurred while he was a judge. . for the RECORD. Lawyers are afraid of Mr. FERGUSON. No; that occurred Mr. FERGUSON. Yes; his testimony the Attorney General and lawyers are when Mr. McGranery was an assistant in that case was taken while he was a, afraid of judges. The record shows that to the Attorney General. judge. 5530 CONGRESSIONAL RECORD - SENATE May 20 Mr. CHAVEZ. Mr. President, will the Mr. Vizard, who made that statement, enforced; and he should have known Senator from Michigan yield to me? is clear. In other words, how could Mr. that. Mr. FERGUSON. Yes; I am glad to McGranery claim that the money be Mr. FERGUSON. Of course, we law yield. longed to the estate of a man who had yers have to look to other facts in order Mr. CHAVEZ. Both the Senator from died, but also make with an attorney an to determine whom we are to believe in Michigan and the Senator from Utah agreement to keep half of the money, such cases. But here is another fact have been in judicial positions, I under if it belonged to the estate of the de with respect to Vizard. He drew up the stand. ceased? He could not possibly do such release, and McGranery admitted he ob Mr. FERGUSON. That is correct. a thing legally. tained signature on the release. Mc Mr. CHAVEZ. And both of them have s~. Mr. McGranery was disputed by Granery knew about it. Why did he over and over again listened to testi the fact that the money belonged to draw up the release? I think that cir mony about matters with respect to the estate. He was disputed by his own cumstance corroborates his testimony. which there might be some contradic receipt which showed that the money There is no doubt about his testimony. tion regarding the circumstances sur had belonged to the estate. He was The jury believed it. He had the receipt. rounding the delivery of money at a time finally disputed by the jury, which McGranery admits he had a receipt many months prior to the time of the found that the money had belonged to signed by the proper parties; but he trial. Would a demonstrated contradic the estate. simply did not pay the money. As I tion of the testimony given by a man In response to the question why the say, the thing which could have been involved in that trial clearly involve other seven lawyers did nothing about done in this case, to show good faith, moral turpitude on his part? it, let me state what was said by Mr. would be to file a bill of interpleader Mr. McCARRAN. Mr. President, will Vizard. immediately following cancellation of the Senator from Michigan yield to me? He was the lawyer who made the set the bond. Mr. FERGUSON. I yield. tlement for $2,500. He stated he had Mr. President, here is another sig Mr. McCARRAN. I should like to cor no intention of ever instituting a legal nificant fact. He never told the estate rect a misstatement of fact which was action against McGranery, because of that he believed the money belonged to made a moment ago by the Senator from his prominent position in the Depart the estate. In 1941, if the money be Utah. ment of Justice. Finally it became longed to the estate, it should have been Mr. WATKINS. If I have made a mis necessary to nnd a lawyer who was a listed at least as the subject of a con statement, I shall be glad to be cor political enemy. Why? Mr. President, tingent claim; but the parties were never rected. the facts are clear. That is the only told that it belonged to the estate. Mr. McCARRAN. The Senator from way they could sue. Mr. WATKINS. Mr. President, will Utah said the jury found against the Mr. CHAVEZ. Mr. President, will the the Senator yield? judge. However, the jury did nothing Senator Yield? Mr. FERGUSON. I yield to the Sen of the kind. The judge came into the ator from Utah. case by way of interpleader. He de Mr. FERGUSON. In a moment. And Mr. WATKINS. My memory could posited the money with the court, and, finally, after the suit, the judge paid the fail me in this matter, I may not be under those circumstances, the court was money into court. Mr. President, those correct; but it runs in my mind that the to rule to whom the money belonged. who are familiar with the law know that judge- was then the attorney for the Mr. WATKINS. That is correct. there is a form of action in equity known estate, or for McGarrity. I am not sure as an original bill of interpleader, and Mr. McCARR.AJ.~. The judge never on that point. claimed the money was his. that all that one who is a stakeholder Mr. FERGUSON. He had something Mr. WATKINS. I did not say he did. has to do is to pay the money into court, to do with it, though I do not think he Mr. McCARRAN. Then the jury could file a bill of interpleader, and name the was actually the attorney of record. not find against him. parties to the suit-parties who are His partner was the attorney of record. Mr. WATKINS. The jury found known or who are thought to be entitled Mr. McCARRAN. Mr. President, I to the money, and who should have it. against his contention. could not hear the qu~stion. Mr. McCARRAN. That is correct. The court then decides who is entitled Mr. FERGUSON. I shall be glad to Mr. WATKINS. The jury found to the money. But in this case Mr. Mc yield to the senior Senator from Nevada, against Judge McGranery's statement Granery did not do that. He waited-- because he may be able to help us on or contention. Judge McGranery said Mr. CHAVEZ. Mr. President that question. he got the money from McGarrity, and The PRESIDING OFFICER. Does Mr. McCARRAN. No; I could not said the money belonged to McGarrity. the Senator from Michigan yield? hear the question. However, the other w'itnesses testified Mr. FERGUSON. I will yield in a mo Mr. WATKINS. I was asking wheth the other way, and the jury believed ment. He waited until his political er Mr. McGranery, at the time he was thorn witnesses. enemy brought a suit 4 years later, and holding this money, was not the attorney Mr. CHAVEZ. Mr. President, will the thereupon paid the money into court. for Mr. McGarrity. It seemed to me Senator from Michigan yield to me at I now yield to the Senator from New that in the testimony somewhere there this time? - Mexico. was evidence that Mr. McGranery was Mr. FERGUcON. I yield. Mr. CHAVEZ. Would the Senator at the time attorney for Mr. McGarrity. Mr. CHAVEZ. The point I am trying from Michigan, who has occupied a judi Mr. McCARRAN. No, that is not the to make is that a witness may say, in cial position, give too much credence to record as I recall it. the best of faith, that the money be any lawyer, whether he be a Philadelphia Mr. WATKINS. I may be mistaken. longs to A, but may add, "However, I lawyer or some other lawyer? Mr. McCARRAN. The whole trans could be mistaken about that, so I shall Mr. FERGUSON. These were all action took place after McGranery be pay the money to the court, and let the Philadelphia lawyers, so that expression came a Member of Congress. The court decide to whom the money be may very properly be employed. transaction in which money was de longs." Is not that what happened in Mr. CHAVEZ. With respect to the posited with McGranery took place that case? particular lawyer whom the Senator has when he was a Member of the House of Mr. FERGUSON. No, but that is what been quoting, how much credence would Representatives. He then went from Mr. McGranery should have done. he give him when he says, "I will not sue, the House of Representatives to the De Mr. CHAVEZ. That is what he did, because this particular man happens to partment of Justice; and when he did, is it not? work for the Government"? What kind he has testified that he took the money Mr. FERGUSON. No, he did not do of lawyer would he be? What kind of in kind with him to the Department of that until after the time when he was lawyer would a man be who would not Justice, in the identical bills in which sued. That is the very point in this sue anyone who occupied a position of the money had been deposited with him; case. Mr. McGranery was an assistant trust? Is that the manner in which the and that, when he went on the bench, to the Attorney General. Complaint is law is to be enforced by lawyers, who he also held on to those bills and finally made in regard to the point that Mr. Dil are sworn officers of the court? I should deposited them in court. worth was Mr. McGranery's political pay no attention to such a lawyer from Mr. FERGUSON. Mr. President, in enemy; Mr. Dilworth is the one who sued Philadelphia, who says that; because the fairness to all parties, I say this man Mr. McGranery. The testimony from law is the law, it should and must be was a trustee. He was a stakeholder, 1952 CONGRESSIONAL RECORD - SENATE 5531 known to the law as a trustee. If the was ever given an opportunity to answer conspired to violate section 31, subsec money belonged to the estate, or if he Mr. Mclnerney? tions (c) and 5532 CONGRESSIONAL RECORD-SENATE May 20 The Senator from North Carolina [Mr. the committee," was apparently in error Then Mr. McGranery -was questioned SMITHJ asked these questions: because the testimony before the Hobbs by Mr. Fellows, a Member of the House: Senator SMITH. Just why did the person committee shows that he appeared, tes Did you know about the Communist activ who called you go to you to settle this ques tified, and participated in the proceed ities of Mr. Jaffe? tion? ings before that committee. Mr. MCGRANERY. We knew that long be Mr. MCGRANERY. That, he can best an Mr. FERGUSON. I understand from fore that time. swer. Senator SMITH. You have no idea? the testimony I have quoted that he did Then they were talking about taking Mr. McGRANERY. He knew that if he had appear. papers out of the State Department, and my answer on it that it would be a responsi Mr. WATKINS. As I understand Mr. Hancock, a Member of the House, ble answer and direction. from what the Senator is saying, and Senator SMITH. And the conference to.ok from the testimony about the conver asked: about 2 minutes? sation lasting only 2 minutes and involv He did not tell us that, did he? Mr. MCGRANERY. Yes, sir. Not longer than ing a policy matter, his taking that posi Mr. MCINERNEY. He claimed he could blow that I would say. the roof off the State Department. Senator SMITH. Over the telephone? tion in effect kept him from being ques Mr. McGRANERY. Yes, sir. tioned or kept him away from any other No wonder they were frightened. Senator SMITH. There was no other con• charges that he had anything whatso Somebody was going to blow the roof off ference? ever to do with the case, except on that the State Department. I continue to Mr. McGRANERY. No, sir. one occasion. read: Senator SMITH. Did anyone else talk to Mr. FERGUSON. That is correct. you besides Mr. Mcinerney? Mr. MCINERNEY. He claimed he could blow Mr. MCGRANERY. No, sir. He emphasized that he never testified the roof off the State Department. This Senator SMITH. Whatever he recited, he before the Hobbs committee and that he was common practice. We thought he might recited in 2 minutes? had nothing to do with the case until it give us something after he pled. That was Mr. McGRANERY. Just merely that there had been completely closed. The Sena also a factor in his case. He made the prom was a question as to whether or not the evi tor from New Jersey brought that out ise that this practice was rife in the State dence in raspect to a particular individual very emphatically. Department, that all of these experts, they would sustain a conviction. had their experts on the outside, they would The other question on which we were exchange information, and he used the ex Then I asked him a question: trying to get information was whether pression in his statement tbat Jaffe was one Who was the individual? he may have appeared. He answered of his particular "honey pots." He was one Mr. McGRANERY. I do not recall who was with a statement about a 2-minute con of his consultants on the outside. Everyone the individual, as to whom he wanted to versation. had consultants on the outside. In this know whether or not there was sufficient evi Mr. WATKINS. He stated that he specialized field, it was a trade practice to dence. It is my recollection that it might had a 2-minute statement over the tele change information of that character. That · have been John Service. is what he told us. Senator FERGUSON. Did he relate the evi phone. As a matter of fact, the other dence to you? witness, Mr. Mclnerney, gave an en That was Mr. Mcinerney's statement. Mr. McGRANERY. No, sir; he did not. tirely different version of the length of I continue: Senator FERGUSON. · Did you tell him to time of the conference, where it took Mr. MCINERNEY. The evidence on Service submit the case as to Service to the grand place, and what was discussed in that was thfn. They said there was in Jaffe's Jury? office, as I recall it, copies of his confiden Mr. MCGRANERY. Yes, sir; all of them. conference. Is not that correct? Mr. FERGUSON. That is correct. tial reports. When we arrested or made the Mr. McGranery was asked another Mr. WATKINS. Is the Senator going searches, we found copies of his report. We question: interviewed Larsen, and Larsen admitted he to refer to that? had given Service's copies to Jaffe, and Serv Senator FERGUSON. Did you examine these Mr. FERGUSON. I am going to refer ice had not given them. Service was very papers and- make any statemeht in relation to it. much surprised that Jaffe had that report. to them? You are quoted in this article as It was on that thin allegation that we au having made such statements.. Then Mr. McGranery testified as fol thorized on Service, and the same way with Mr. McGRANERY. Senator, that I made no lows before the Hobbs committee on May Gayn. examination of the papers until after the 15, 1946: hearing before the House committee on May Here is where McGranery came in: 15, and then in the meantime there had been Mr. McGRANERY. I think it might be fair to tell this committee what blew the case up I went up to see McGranery about Gayn. some cursory examination made. Now, I He was in a very doubtful category. The don't know whether the Senator is aware and really, what knocked whatevei: value the thing might have out in the air. Federal Bureau of Investigation said there of what the general situation was and is were copies of stuff in his office. I discussed with respect to the documents in the Amer One of these gentlemen, whose apartment had been entered, and whose material had this with Mr. McGranery. We decided to asia case. There are two sets. One set was push it. We took a chance on the entire a set obtained by OSS, and another set was been seized, by chance one day said some thing to his janitor being suspicious that case. We took a chance on some of the sub some by the FBI. As I said yesterday-- jects. Senator FERGUSON. Did you see all of the somebody had been in there; he said, "How many times did you tell me that man went Mr. McGRANERY. We did not leave any documents? body out. Mr. McGRANERY. No, sir; I did not. into my apartment?" The janitor became muddled and con Mr. HITCHCOCK. Are you convinced, Jim, The examination then continued: fused and told him, thinking that he had that Larsen was the sole offender in peddling Senator FERGUSON. Did you ever make this slipped before. So, the cat was out of the these State documents? You tliink he, alone, statement: "We held the one fellow Jaffe in bag so far as he was concerned. He imme did it all? Have you finished your investi our office to get a plea of guilty from him. diately gave that to his lawyer, and our de gation or are you satisfied that nothing fur ther should be done? The deal was made there. If we had not partment was quite fearful that they were handled it in that way, I do not think we going to move right then and there. Mr. McGRANERY. In that particular case, I would have had any case at all"? Mr. HITCHCOCK. They did move. am thoroughly satisfied so far as that is con Mr. McGRANERY. If you will read the record Mr. McGRANERY. We held the one fellow in cerned, that case, forget about it. So far as of that, Senator, that statement was made our office to get the plea of guilty from him. the Department of Justice is concerned, for following the statement made by Mr. Hitch The deal was made there. If we had not get about it. But, certainly, we have not cock and Mr. Mclnerney who were handling handled it in that way, I do not think we forgotten to be on the alert for anything we the criminal side of the case and they hud would have any case at all. None of this could get from there that was good. already testified before the committee. I did evidence was obtained in a manner in which Mr. HANCOCK. Unless Larsen is a monu not appear before the committee. we ordinarily would get it. It was very mental liar, and he may be, it is a common clumsily handled. That is my candid practice to take State documents out of the Mr. WATKINS. Mr. President, will opinion of it. This one bird was smart files. Have you anybody investigating that? the Senator yield? enough to develop a little technique of his You ought to have a Federal Bureau of In Mr. FERGUSON. I am glad to yield. own. We, for a while, thought we had no vestigation man in t~is. Mr. WATKINS. The reference there case at all, not only that, but we thought Mr. MCINERNEY. May I say this off the rec ts to the testimony before the Hobbs our faces would be very red by their beat ord? committee, is it not? ing us to the punch. Mr. HOBBS. Yes. Mr. FERGUSON. That is correct. The conversation indicates that a deal Mr. WATKINS. Mr. President, will Mr. WATKINS. The judge, in making was made before the pleas of guilty or of the Senator yield? the statement, "I did not appear-before nolo contendere were made. Mr. FERGUSON. I yield. 1952 CONGRESSIONAL RECORD - SENATE 5533 Mr. WATKINS. I think it is well to the conclusion of the San Francisco warranting prosecution. Biddle had been call attention to the fact that Mr. Mc Conference. replaced 4 days before and was not active. Granery was present while this story was I understand that some of the men who Was still in until July 1(?) Clark was still were connected with the San Francisco in. When I returned from conference with being told by Mr. Mclnerney, and that Conference--Mr. McGranery may be able to t.t.e FBI about these things, Clark was not at no point did he take any exception give you more detailed information than! present. Reported to McGranery my recom to what Mcinerney was testifying to. but they were of the opinion that a prose mendation with respect to the Amerasia case He was present, according to the record. cution of this case at that particular time and for them to authorize, that is, the arrest He sat there and joined in the conver might cause friction at the San Francisco of the persons in the Amerasia case--the sation or in the questions and answers. Conference, and it was felt it should be FBI suggested that four persons be arrested Mr. FERGUSON. He made no ob postponed until a later date. The Attorney and we reviewed the evidence and authorized General was advised of that fact. For that two additional persons, making six. jection, except where it is related in the reason there was no further action taken report. on the case until further word was received. The reason I stated that there was Mr. WATKINS. All this occurred; However, on June 2, 1945, General Holmes, more involved than the question of send and in addition there was his own testi of the State Department, contacted the ing the case to the grand jury was be mony. This was certainly not a 2-minute President, personally, relative to the ca-se, cause of that statement of Mclnerney. telephone conversation on purely a pol and advised him at that time that it was Reported to McGranery my recommenda icy matter. being held in abeyance. The President called the Bureau and stated he wanted ac tion with respect to the Amerasia case and Mr. FERGUSON. That is correct. tion taken on the case as quickly as possible for them to authorize, that is, the arrest of Mr. Gurnea, who was the Department and wanted it to be vigorously followed, and the persons in the Amerasia case--the FBI of ·Justice inspector in the FBI, testified suggested that four persons be arrested and in the event we received instructions from we reviewed the evidence and authorized two before the Hobbs committee as follows: anyone that the case was to be held in abey additional persons, making six. Following a conference between represent ance, we were to contact him personally atives of the State and Navy Departments, it and let him know what instructions had Mr. CHAVEZ. Mr. President, will the was decided by the Secretaries of those De been issued. Senator from Michigan yield? partments to refer the matter to the Federal Mr. Ladd, one of the top directors Mr. FERGUSON: I am glad to yield. Bureau of Investigation. On March 12, 1945, under Mr. Hoover in the FBI, appeared Mr. CHAVEZ. If I remember cor representatives of the State and Navy De· rectly, the time Mr. Mclnerney was dis partments, Gen. Julius Holmes and Major before the Tydings committee, and Sen Correa-Major Correa was at that time an ator Tydings asked the following cussing was the time when he was con adviser to Under Secretary of the Navy For question: nected with the person in charge of the criminal division. Mcinerney at that restal---came to the Federal Bureau of Inves Senator TYDINGS. Is there any pert~nent tigation and reported the matter to Mr. facts about this case that ought to come out time was not in charge of the criminal Hoover and also advised Jim that it has been that has not been brought out that you division, was he? decided by the Navy and State Departments can recall right now? Mr. FERGUSON. He had something to turn the entire matter over to us for in Mr. LADD. You have the testimony, and in to do with the criminal division. vestigation. Mr. Hoover, of course, ordered corporated it from the Hobbs committee the Mr. CHAVEZ. He was connected with that an immediate investigation be conduct other day; and I think that gave a pretty it, but he was not the head man, as I ed of the entire matter. complete history of the case. understand. · (NOTE.-The "Jim" referred in the above Senator TYDINGS. That, plus these ques Mr. McCARRAN. Mr. President, will testimony was the nominee James P. Mc tions we have brought out this morning, Granery.) gives the Bureau's picture of the case pretty the Senator yield? clearly; does it? Mr. FERGUSON. I yield. Continuing with the testimony: Mr. LADD. I believe so. Mr. McCARRAN. Tom Clark was the That matter was then called to the atten head man. tion of the Attorney General, and on May Mr. Morgan, who was attorney for the Mr. FERGUSON. Tom Clark was; 29, 1945, Mr. James Mcinerney, of the Depart committee, said: yes. ment, discussed the case with representatives That was my next question, Senator, as to Mr. CHAVEZ. Mr. Mcinerney is talk of the Bureau. After he was informed of whether Inspector Gurnea's testimony, as it the details of the case, he was of the opinion ing about the recommendation that he appears in the CONGRESSIONAL RECORD, vol had made to someone, but not to the that Philip Jaffe, Kate Mitchell, Mark Gayn, ume 96, part 6, pages 7455-7462, is an accu Emmanuel Larsen, Lieutenant Roth, and rate statement of the facts insofar as they head man of the criminal division. Is John Service should be taken into custody are stated there. that correct? · and subsequently prosecuted. Mr. LADD. It is; yes. Mr. FERGUSON. He finally got up to You may wonder why Anette Bloomenthal McGranery, who said he had charge of was not included in that list. On May 12, 1952, after the vote had the matter with respect to the policy We interviewed Anette Bloomenthal after been taken in the committee, and the decision involved. the apprehension of the other subjects. She name of Mr. McGranery had been sent Mr. CHAVEZ. The policy decision as wa"8 most cooperative. She is married. to a to the Senate, Mr. James Mcinerney, to what should be done. man who is employed in a rather menial po Assistant Attorney General, appeared Mr. FERGUSON. Yes; but that is not sition with Decca Records in New York City. before the Senate Committee on the Ju She was willing to testify. It did not appear Mr. Mclnerney's testimony. she was included in the conspiracy other diciary. A precise stenographic record Mr. CHAVEZ. I know both Mr. Mc than the fact she was doing typing work for was not taken. However, a stenographer Inerney and Mr. McGranery, and I will Jaffe on a page basis. She was considered did take down as much as she could. A take McGranery's word any time. as being more valuable as a Government wit record was kept, and the following dis Mr. FERGUSON. I have learned that ness rather than as a subject in the case. cussion bearing on the nominee's role Mr. Mclnerney was the Assistant Chief We have always wondered why they 1n the Amerasia case is quoted from that under Clark and in immediate charge of did not prosecute when they had a wit record: this case. ness who was willing to testify, and who Senator FERGUSON. Do you recall any con Mr. CHAVEZ. That is correct. The had handled some of this material. versation with McGranery in relation to the statement he was making was from Quoting further from the record: Amerasia case? memory as to what had happened in Mr. MCINERNEY. Yes, sir. 1945, and the statement was made before That same day, Mr. Mcinerney advised he Senator FERGUSON. Before the Hobbs com had discussed the facts of the case with Mr. mittee took it up? the committee that was considering the McGranery, and that Mr. McGranery ex Mr. MCINERNEY. On the day the Amerasia nomination of Mr. McGranery. Is that pected to discuss the case with the Presiden_t. case was referred to the Criminal Division correct? On May 30, 1945, Mr. Mcinerney again on May 29, 1945-there was a question of Mr. FERGUSON. That is correct. discussed the facts of the case with repre the impact of this case upon the American The testimony was taken on May 12. sentatives of our Bureau, at which time he Russian relations. Before on that day Stet Mr. CHAVEZ. That is correct. No stated he believed the prosecution of these tinius was addressing the United Nations at records were kept, however. Is that indlviduals should be for conspiracy to vio· Sa.n Francisco, and Germany had just been correct? late section 81, title 50, United States Cade. knocked out of the war on May 8, and Stet He further indicated a bond of $10,000 each . tinius was making a statement on America Mr. FERGUSON. Oh, yes; there are should be asked. On May 31, 1945, the De and Russia. The· question was whether this records in existence. We cannot get hold partment of Justice advised the Bureau that might have an effect upon American-Rus of the.records. any prosecution in connection with this sian relations. Had only 2 hours to do it Mr. CHAVEZ. No. I am talking matter was to be held in abeyance until and also to decide whether there were facts about Mcinernev's testimony before the 5534 CONGRESSIONAL RECORD-SENATE committee. Could it be that Mr. Mc Mr. FERGUSON. That is not Mc The next questioner was unknown. Inerney was trying to take care of him Inerney's testimony. The girl did not get the name of the ques self? Mr. CHAVEZ. I am not talking tioner. · The question was: "What do you Mr. McCARRAN. Mr. President, will about Mclnerney. I am talking about mea~ by 'we'?" the Senator yield? the position that McGranery should Mr. MCINERNEY. McGranery·and I. Mr. FERGUSON. I am glad to yield. have taken. An underling, for ex Mr. McCARRAN. Will the Senator ample, in the Senator's office, may make I shall read the following questions and from Michigan permit me to clear the a recommendation to the Senator. Does answers: atmosphere? not the Senator have a right to say, Senator FERGUSON. How long did you dis- Mr. FERGUSON. I yield. "You have done a fine job, but after all, cuss it with McGranery? Mr. McCAR'RAN. The chairman of I am responsible? Mr. MCINERNEY. Fifteen minutes. the Committee on the Judiciary called Mr. FERGUSON. "After all, I am re S~nator FERGUSON. ·In his office? Mr. Mclnerney, who was in charge of sponsible for the decision." Mr. McINERNEY. I was in his office person the Criminal Division, after the nomina ally. Mr. CHAVEZ. Is that not exactly Senator FERGUSON. Did you tell him about tion had been reported favorably to the what McGranery did? . the State Department being in.it? The De Senate. Mr. FERGUSON. No; I would not say partment of State was in the case at that I called him on an entirely different that is what he did, according to the time because that was the question. They matter from that which has been dis testimony. were concerned with the arrests because it is might involve relations with Russia. cussed today. It not necessary to go Mr. McCARRAN. Mr. President, do~s into that matter. While he was in the Mr. MCINERNEY. No, sir. This inquiry-I the Senator from Michigan care to have am not in a position to testify about this. office and not under oath questions were me clear the atmosphere a little? propounded to him by members of the It is my understanding that this inquiry Mr. FERGUSON. I shall be glad to originated from the White House. I am not committee, which they had a perfect to yield to the Senator from Nevada. in a position to • • •. It is my impres right to do. He answered the questions Mr. McCARRAN. I do not want to sion that it emanated from the White House. as the Senator by and large has related. take up any time on it. Tom Clark con Senator FERGUSON. Did you discuss John His testimony was not reported by an ferred with Mcinerney. Tom Clark was Service at that time? official reporter. One of the girls of the Mr. MCINERNEY. He was one of the six. about to ·be elevated to the position of Senator FERGUSON. Did you tell McGranery staff took down some notes, as she al Attorney General. Mcinerney related ways does, merely for the purpose of what the facts were in the case? to Clark, who was at the head of the Mr. MCINERNEY. Yes, sir. minutes; that is all. Criminal Division at that time, the na Senator FERGUSON. Did he authorize the Mr. FERGUSON. I am quoting from ture of the evidence with regard to in arrests? those notes. dividuals. Clark said, "Take it up with Mr. MCINERNEY. Yes, sir. Mr. CHAVEZ. Mr. President, will the Mr. McGranery." McGranery was su Senator FERGUSON. Did you feel you had a Senator yield? perior to both Clark and Mclnerney. case against them? Mr. FERGUSON. I yield. Mr. CHAVEZ. That is correct. Mr. ].\1:cINERNEY. No, sir._ Mr. CHAVEZ. ·I am not minimizing S:mator . FERGUSON. Why did you arrest Mr. McCARRAN. According to Mr. them? Mr. Mcinerney's testimony before th_e Mcinerney's testimony, Mcinerney went committee. My point is that Mclnerney Mr. MCINERNEY. In the evidence, the way to the office of McGranery and there I expressed it to McGranery, we had 40 per in 1952 gave some offhand testimony a.s spent 15 minutes. At that time they cent of the average luck we had on appre to what might have transpired in 1945. both agreed that the testimony with re hension in getting evidence. He could have changed what Mr. Mc spect to six of the defendants should be Senat or FERGUSON. Did you discuss that Granerv had in.mind when McGranery placed before the grand jury. with him? That you would be able to get a said, "I. will have to pass on it." Iµ 1945 conviction? Mr. -CHAVEZ. When the Senator Mr. MCINERNEY. Yes, sir. Mcinerney-McGranery-I get the from Nevada says "both" he means Mc Me's mixed up, but I am for McGran:. Senator FERGUSON. You were not trying to Inerney and McGranery? get out of having the arrests? You were ery-in 1945 McGrane:i;y was the su Mr. McCARRAN. That is correct. putting a strong case to McGranery? peri9r of Mr. Mclnerney and Mr. Tom There is a difference between the testi Mr. MCINERNEY. Yes, sir. Clark. Is that correct? He had superior mony of McGranery and the testimony S:mator FERGUSON. You wanted to arrest jurisdiction in departmental matters. of Mclnerney. McGranery did testify these people? Is that correct? that he had a telephonic communica Mr. McINERNEY. Had a 12-page memoran Mr. FERGUSON. I believe Clark had tion of about 2 minutes on the matter, dum outlining evidence against these people superior jurisdiction because he was and that he told Mclnerney to put the and toward the end of that memorandum it above Mclnerney, but he was going to be whole case before the grand jury. Mc was stated that the evidence of this case Attorney General. was obtained from highly confidential Inerney says that he went to McGran sources which is invaluable for trial purposes, Mr. CHAVEZ. Up to the time he be ery's office and dis.cussed the matter with so that left me up in the air what we di_d came Attorney- General, McGranery had him for about 15 minutes. However, the have. a superior position in the Department. results were the same: That McGranery S:mator FERGUSON. Did he read this mem Mr. FERGUSON. Yes. said to put it all before the grand jury. orandum? Mr. CHAVEZ. That is correct? There is a discrepancy, because Mc The "he'' referred to at that point is Mr. FERGUSON. That is correct. Inerney at one place said that there was Mr. CHAVEZ. All that McGranery Mr. McGranery. · a telephonic communication also. So The answer was as follows: said was, "While you make this recom there is a discrepancy of 15 minutes. mendation, I still reserve the right, as The results are the same, however. Mr. MCINERNEY. I don't remember. Read your superior officer, to pass judgment Mr. FERGUSON. Mr. President, I it in detail as 15 minutes permit ted. on the matter." Is that what hap Senator WATKINS. Is copy of _the memo will discuss the telephone conference randum available? pened? later. - It is an-entirely different matter. Mr. McINERNEY. Yes, sir. Mr. FERGUSON. Will the Senator On page 8 of the minority report the The CHAmMAN. After the conclusion of from New Mexico repeat his question? record shows that Mcinerney said he your conference with McGranery, did Mc Mr. CHAVEZ. Yes. Mcinerney made went to see McGranery a~out Gayn. Granery state to you that all matters shotild certain recommendations about the case. We do not have any testimony on the be presented to the grand jury? However, if I understood the Senator Mr. MCINERNEY. Yes. That was the sub point, but the telephone conversatioh ject. The immediate questi9n was whether from Michigan, the complaint is that dealt with service. McGranery, who at that time had a to arrest them-that was in effect what he I wish to call attention again to this said. superior position in the department, to part of the_ testimony : review, change, and even recommend, Mr. President, I have read that testi over Mclnerney-- Reported to McGranery my recommenda mony from pages 11and12 of the minor- Mr. FERGUSON. He did. tion with respect to the Amerasia case and for them to authorize, that is, the arrest of ity report. · Mr. CHAVEZ. All he said was, "I the persons in the Amerasia ·case-the ·FBI The committee has been unable to ob-· want to pass judgment on these recom suggested that four persons be arrested and tain the 12-page memorandum. The mendations." Is that not more or less we reviewed the evidence and authorized two reason assigned-by the office of the At what took place? additional persons, making six. torney General for the failure·to make '1952 CONGRESSIONAL RECORD-- SENATE the memorandum available to the com wanted to know if that was some sort of was· asked this question by the Senator mittee was that the· memorandum con a trap. I told him it was just what it ap from North Carolina [Mr. SMITH]: tains evidence from the FBI and the peared to be. That is the only other con versation that I can recall having with Mc In other words, in your opinion of the OSS, and therefore is not available Granery. law, do you think that the executive power to the committee to show what Mr. Mc Senator FERGUSON. McGranery asked you is supreme, over and above the legislative and Inerney claimed Mr. McGranery had be if it was a trap? the judicial branches of the Government, fore him during that 15-minute conver The CrumMAN. Said it was his under.. or do you think they are coequal? sation. standing it was the counselor. I quote from the record of the hearing The testimony of Mr. · ~cGranery Mr. MCINERNEY. McGranery asked if there at page 56: about the 2-minute conversation is, I was anything more than appears on the surface. Mr. McGRANERY. I would say that article II believe, very important. Senator JENNER. Did not relate to you. says that the executive powers are in the Mr. WATKINS. Mr. President, will Senator FERGUSON. Service's name was President of the United States, period. That the Senator from Michigan yield to me? named. That conversation had nothing to matter is in the Supreme Court. My views, Mr. FERGUSON. I yield. do with whether you submit the case to a I am not going to express before this com Mr. WATKINS. Does the Senator grand jury. mittee. from Michigan know whether a request Mr. MCINERNEY. No, sir. I believe Service Senator FERGUSON. You will not give us was made for the memorandum, so that was one of the last witnesses. your views, then, on whether or not that Senator WATKINS. You said one of the first includes inherent powers? the committee could have it? things you went to McGranery's office. What Mr. McGRANERY. I will not. Mr. FERGUSON. Such a request was did you decide on that? Senator SMITH. You recognize, do you not, made, but the memorandum was refused. Mr. MCINERNEY. We decided we would have the difference between the doct rine of im I talked to the office of the Attorney a case. plied and the doctrine of inherent powers? General, and I was told .that the memo Senator WATKINS. How many others were It is something new, this inherent power, randum could not be sent to the commit named? is it not? tee. That is why the memorandum is Mr. MCINERNEY. The FBI suggested four Mr. McGRANERY. It is not new, Senator, not incorporated in the minority report. 1n all. I . believe they omitted Kate Mite.hell because we have had an exercise of it by and Mark Gayn. There were seve:r;al sub Lincoln. Mr. WATKINS. Does the se·nator jects in the case. It was generally agreed Senator SMITH. Not at all. That was in from Michigan attach any particular that we had no case against them. wartime. There is a great distinction. importance to that memorandum? Senator WATKINS. May we have the two Mr. McGRANERY. You are right in the Mr. FERGUSON. Yes, very much. memorandums? question now. The memorandum would show the facts Mr. McINERNEY. The two memorandums? Senator JENNER. We are not in war. known by Mr. McGranery, and would Senator WATKINS. Discussed with McGran .. Mr. McGRANERY. We were not in war dur.. show what was in his possession. ery. 1ng the Louisiana Purchase. Mr. WATKINS. Does it not appear Senator MAGNUSON. This took place 7 years ago? He spoke as though the President, in that the present Acting Attorney Gen Mr. McINERNEY. Yes, sir. making the treaty with France, had in eral and the nominee himself should voked an inherent power. That was a have used their influence to have the The testimony continued. treaty which was later ratified by the memorandum produced for the commit Mr. President, I have submitted to the Senate of the United States. A read tee? Senate the facts regarding the contrast ing of the arguments of eminent lawyers Mr. FERGUSON. Certainly it should with the testimony in the Amerasia case. before the United States Supr~me Court be produced. I think it is very important that the in the recent steel case will show clearly Mr. WATKINS. If they wish to act Senate consider this matter most care that that was a treaty. I continue my in good faith in regard to this very im fully. · reading from the hearings: portant question, which has been dis Another question to be considered is Senator FERGUSON. Do you compare the puted for so many years, does not the one as to the legal ability of the nominee Louisiana Purchase with the steel seizure? Senator from Michigan think the memo to be Attorney General of the United Senator JENNER. I did not want to bring randum should have been given to the States.· Very important constitutional this up. I suggest that the judge be re committee? questions are bound to come before the called, but, if he is going to refuse to express Mr. FERGUSON. Certainly it should Attorney General. I am of the opinion an opinion, I do· not see any need to recall have been given to the committee, so that one who serves as Attorney General him. This question must be gone into. that we would have been able to present should be very familiar with the Con This is no time to go into it. We do not have the time. If Judge McGranery says it to the entire Senate. stitution and with the decisions in re he is not going to express an opinion on such Now we come to the point in the hear gard to the Constitution. The Attorney an important question, I do not see any need ings where the Senator from North Car General is the adviser to the President to continue the hearing. olina [Mr. SMITH] began to ask ques and the adviser to each of the Depart Mr. McGRANERY. Senator, may I say tions, as appears beginning on page 13 ments in regard to the constitutional this-- of the minority report: questions which arise from day to day. The CHAIRMAN. Just a moment, Judge Mc Senator SMITH. How many times did you The Constitution regulates the conduct Granery. We have to have some order here. Senator SMITH. Mr. Chairman, may I sug discuss the Amerasia case with McGranery? of each and every member of the Cabi Mr. MCINERNEY. I would say that would net and each and every departmental gest that perhaps Judge McGranery answer~d be about the only conference or discussion head. Ours being a government of law, me as he did because of the fact that he may of any moment that I had with McGranery. have a feeling of sensibility about the matter the Constitution is the controlling guide; now being before the Supreme Court. Would talk at lunch time • • • have and the Attorney General must be fa .. no recollection of those conversations. Mr. McGRANERY. Exactly so. Senator SMITH. Did you ever call McGran miliar with it. . Senator SMITH. He might have some feel· ery on the telephone? Mr. President, I think the lawyers of 1ng of the propriety about the matter, be Mr. MCINERNEY. Yes, sir. Remember one the Senate will be shocked by the appar cause of its being before the Court. I am conversation over the telephone . . ent knowledge which Judge McGranery willing to wait for his answer. Senator SMITH. Which came first? lacked rather than possessed regarding On page 61 Judge McGranery indi Mr. MCINERNEY. May 29, the day we got the Constitution of the United States cated that an emergency might justify the case. Senator SMITH. Was anyone else present and particularly regarding one of the seizure without due process. His an besides you? important questions which would come swer was: (No answer recorded to this question.) before him, namely, that of the inherent Seizure of property without due process? Senator JENNER: Do you recall conversa power of the President of the United Certainly, there ought not and should not tions with McGranery? States, and the question of whether there unless the measures and the emergency be Mr. MCINERNEY. Yes, sir. It was in July, is such inherent power. I think I can of an extreme nature or character. If it is and the counsel came in to offer immunity be fair, and very fair, to Mr. McGranery to preserve our country, yes. If it is to and testify. McGranery called me, and as when I say that he .was on all sides of prevent the loss of life of our boys in Korea, I recall, he had an inquiry from the counse yes. lor or head of the Legal Division of the State the question. Department saying that Service was going Let us take this testimony and analyze Then, beginning on page 139, the to appear before a grand jury and the coun it for .a few moments, on the question of nominee indicated a lack of understand selor not being familiar with proceedings his knowledge of the Constitution. He ing of the difference between the implied XCVIII-348 5536 CONGRESSIONAL RECORD -- SENA-TE May 20 powers of the Commander in Chief and He was not answering the question at Mr. FERGUSON. Yes. If he had an the new doctrine of inherent powers. all. swered the question and shown knowl We interrogated him on that subject. His answer was: edge of the subject I would not have I quote from the hearings: I think, Senator, there are certain rights objected so strenuously, but he was sim Senator FERGUSON. I want to know what that you have that a.re not set forth in the ply on all sides of the question, as I your legal thinking is on this question of rules of the Senate that flow by reason of ·shall show later. inherent power, this constitutional ques the fact that you are a Senator. The Senator from Indiana [Mr. JEN tion of inherent powers to the President of The CHAIRMAN. You are missing the ques NER] asked this question: the United States. tion. You are missing the point. The ques Mr. MCGRANERY. My thinking is just ex tion is a distinction between inherent powers Senator JENNER. And the same to this, a actly what I said to you yesterday, Senator, and implied powers. citation of Chief Justice Taft, that there is that I regard as a. sacred right the right Mr. McGRANERY. I think that the Presi no undefined residuum of power which the to private property, and there should not dent of the United States would have the President can exercise because it seems to be any taking of private property without right, if in the interest of our country, to do him to be in the public interest. Do you due process, and only should the Executive any and all things necessary to preserve the agree or disagree? exercise any extraordinary power which he life, the liberty, and the property of its Mr. McGRANERY. I would stlll want, Sena may believe he would have in that direction citizens. tor, on that particular question, to know under the most extreme circumstances exist Senator FERGUSON. Then you believe that the facts existing at the particular time, be ing at the time. he has that inherent power by virtue of his cause after all, we are a growing Nation. I Senator FERGUSON. Do you then believe being President of the United States? have no doubt that Chief Justice Taft would that extreme conditions give him inherent Mr. McGRANERY. I believe he has that, but probably be one of the first to change his power? That is the question. I believe that the circumstances would have views and opinions if the circumstances and Mr. McGRANERY. I believe that the Presi to be such as to justify that, because you conditions of the times would require it. dent would have the right, for instance, if gentlemen would impeach him, you would The CHAIRMAN. Should it not be changed we were advised that some foe was advanc resort to the courts. through the channels provided for the ing toward our shores, to immediately, with change, either changed constitutionally or out waiting for an act of Congress, send our The Congress could not resort to the by legislation? Navy out to meet them, and destroy them. courts. It would have to use only the Mr. McGRANERY. I think so. impeaching power. Senator FERGUSON. Then the President Mr. WATKINS. Mr. President, will cannot change them. the Senator yield at that point? I said: Mr. McGRANERY. But that was not the Mr. FERGUSON. I am glad to yield. Wait a minute. Who declares what the Senator's question. Mr. WATKINS. Is it not a fact that circumstances are; the President? Senator FERGUSON. Surely it was. Mr. McGRANERY. If they arise that sud Mr. McGRANERY. I don't think so. there would be a war if we were actually denly; yes. Senator JENNER. Do you agree with the ci under attack, that a state of war would tation from Chief Justice Taft, that there is be created by reason of the attack? Then the chairman asked this ques no undefined residuum of power which the Mr. FERGUSON. Yes; I think that tion: President can exercise because it seems to would be true. Those are the elements that are in valved him to be in the public interest? Mr. WATKINS. And that would in this so-called inherent power? Mr. MCGRANERY. I, honestly, on my oath create a situation far different from the to you gentlemen, I could not in that terse one we have been discussing; would it The Senator from North Carolina [Mr. statement say "yes" or "no" without looking not? SMITH] had made a statement, which ap very foolish, without being very foolish. I pears at the top of page 17, and the would be ridiculous to answer that question. Mr. FERGUSON. Yes, that is true; I should think that if you gave me that ques it would create an entirely different situ chairman made reference to that state ment. Then Mr. McGranery said: tion, Senator, and asked me for an opinion ation. That is why we questioned him on it, I should think that a .conscientious, further. I read: You gentlemen are propounding a ques diligent search of authorities applied to the tion to me, and I don't think you are antici The CHAIRMAN. As distinguished from im conditions and circumstances would require plied. pating, but you are urging that I give you a at least 2 weeks to come up with something horseback opinion on a. matter that was first of an intelligent nature. Senator FERGUSON. As distinguished from written by the founding fathers into the implied power. Just let us keep to these Mr. WATKINS. Mr. President, will inherent powers. · Constitution as to what that means, and execut~ve the Senator from Michigan yield? Mr. McGRANERY. You are not going to get they simply said that the powers into the steel case at all? shall reside with the President, period, quote Mr. FERGUSON. I yield. Senator FERcusoN. I am not going to ask and unquote, and it has been kicked a.round Mr. WATKINS. As a matter of fact you about it as the steel case. I am talking pretty good here in your own Senate. There that has been the view of the members about your legal thinking on the Constitu does not seem to be any accord or agreement of the bar of this country has it not? tion. as to just what it means. I think that it ls eminently unfair to expect me to expound Mr. FERGUSON. What Chief Justice Mr. McGRANERY. I just have a proposition Taft had said? now of the exercise of powers under some as a professor of constitutional law on a mat extreme emergency? . ter that· has been pending now before the Mr. WATKINS. Yes. So there could Senator FERGUSON. Yes. Does the Presi country for 168 or 169 years. not have been any necessity for one who dent have the right to declare the emergency had been an assistant to the Attorney Mr. President, he was expecting to be General for a number of years and a. and then proceed under that claim that he If has the inherent power? come Attorney General. he does not judge for a number of years to investi Mr. MCGRANERY. What sort Of facts would know the answer to such questions after gate it for 2 weeks and come up with an the Senator include in that question? he has had 3 years' experience in the At answer. Senator EASTLAND. Is there any such thing torney General's Office and 3 years' ex Mr. FERGUSON. That is correct. as inherent powers? Under our system of perie.nce on the Federal bench, having to The Senator from Indiana [Mr. JEN government is there such a thing as inherent construe the Constitution, how are we NER] then read again the quotation from powers.? Are they written into the Constitu going to get accurate answers to ques tion? Chief Justice Taft, and Mr. McGranery tions about the law? said this: Mr. McGRANERY. Senator, let us say this: Mr. WATKINS. Mr. President, will We know that the Constitution provides that the Senator from Michigan yield? Mr. McGRANERY. The answer to that, Sen he can only declare war by an act of Con ator, is, there is no question about if you are gress, and yet we can conjure in our own Mr. FERGUSON. I yield. to know the future, you can only know the minds a set of circumstances which would Mr. WATKINS. Does the Senator future by studying the past. But to ask me in effect create a war where you could not from Michigan think for a moment that whether I agree with the philosophy ex wait for Congress to come into session. Mr. McGranery was correct in his view pounded by you in these one or two para graphs, it is a pretty sizable order. In reply to a question by the Senator that the President's right to seize prop from Mississippi [Mr. EASTLAND]: erty had been in controversy for more He had been read this quotation with than 160 years? Are those powers inherent or does he get respect to the Constitution of the United them by virtue of the Constitution? Mr. FERGUSON. No, I do not think States: so. Mr. McGranery replied: The Constitution of the United States is a Mr. WATKINS. Is it not elemental law for rulers and people equally in war and I think, Senator, there a.re certain rights that it has been regarded by lawYers and 1n peace, and covers with the shield of its that you have that are not set forth in the by teachers of the Constitution that the protection all classes of men at all times and rules of the Senate- President has no such power? under all circumstances. No doctrine in- 1952 CONGRESSIONAL RECORD- SENATE 5537 volving more pernicious consequences was The Senator from New Jersey [Mr. Then the Senator from Mississippi ever invented by the wit of man than that HENDRICKSON], who is now occupying [Mr. EASTLAND J asked some questions: any of its provisions can be suspended dur ing any of the great exigencies of Govern the chair, put this question to Judge Senator EASTLAND. That is in the absence ment. Such a doctrine leads directly to an McGranery: of a declaration of war, but actual invasion. archy or despotism, but the theory of neces Senator HENDRICKSON. One moment. If Mr. McGRANERY. That ls right; I think he sity on which it is based is false; for the what you say is true, then why did the would, Senator. Government within the Constitution has all founding fathers write this provision into Senator EASTLAND. Do you think in any the powers granted to it which are necessary the Constitution? I read section 3 of arti other instance short of actual invasion that to preserve its existence as has been happily cle II: "He shall, from time to time, give to he must go to Congress before an emergency proved by the result of the great effort to the Congress information of the state of is declared and let the Congress confer emer throw off its just authority. the Union, and recommend to their consid gency powers on him? eration such measures as he shall judge nec Mr. McGRANERY. I can conceive an emer I read his answer. essary and expedient. He may"-listen to gency, Senator. I can conceive of perhaps Then the Senator from Indiana said: this-"on extraordinary conditions, convene an earthquake, where it might be necessary This is not expounded by me. . both Houses or either of them, and in case to order out the troops or it might be neces The CHAIRMAN. Let me say something to of disagreement between them, with re sary to do many things without waiting. you, Judge McGranery. This is a govern spect to the time of adjournment, he may Senator EASTLAND. Ordering out troops is ment of law and it must remain a govern adjourn them to such time as he shall think something else. We are talking about seiz ment of law. You would make yourself a proper • • •." ing the rubber industry. tower of strength if you had answered that Why did the founding fathers write that Mr. McGRANERY. I know nothing in that question in the affirmative right off the bat, into the Constitution if they intended that so-called residuum that is expressed or im because you are going to be called upon to the President of the United States should plied, as we have been discussing it here do it. have any inherent power? around the board. I think there are many Mr. McGRANERY. That may be, Senator, Mr. McGRANERY. For the very reason that that you could think of, many cases you and I do not think that you gentlemen want you know well, Senator, because we happen could think of where the President should, me to just answer questions. I think you to come from the same law school. where some leadership must be. gentlemen would want me to tell you some Senator EASTLAND. In time of peace that thing that I am informed upon, No. 1, and That was really a very intelligent an he should declare his own emergency and something that I have intelligently consid swer to a constitutional problem. He seize business in this country. ered and something that I have had the op said that the Senator from New Jersey portunity to reflect upon. Mr. McGRANERY. I did not say that, Sena The CHAIRMAN. We have a right to know, knew the answer because he came from tor. this Congress has a right to know, what your the same law school Mr. McGranery had Senator EASTLAND. What did you mean? train of thought is, what your thinking is. attended. Mr. McGRANERY. I said for instance where Mr. McGRANERY. My train of thought is I continue: you have an earthquake, I said I could con that I am certainly everything that you said, ceive where it would be necessary for him to Senator, about respect for the law, and our Senator HENDRICKSON. I never learned in mobilize anything and everything he pos Government being one of law. My whole that law school that the President had sibly could, the same as we would have the life, as I said yesterday, speaks more elo inherent power. right to go out on the street and bring in quently than any little question I can say So they did not learn the same thing jurors. "Yes" or "No" to here to you gentlemen this morning. On that particular matter, I have in the same law school. The distinguished Senator from North not given it the consideration, the pro The CHAIRMAN. You have a question here. Carolina [Mr. SMITH] was surprised found-this is the most profound question I do not know whether you want an answer when Mr. McGranery went off on a tan confronting the American position today. to it or not. gent to comment about bringing in ju The CHAIRMAN. You are being put into a Mr McGRANERY Because of the wisdom of rors. The Senator from North Carolina most profound position- the founding fathers. The Senator knew that when he asked me the question. could not hold back his next question: Indicating that the chairman recog Senator HENDRICKSON. You have not an Senator SMITH. You do not think that ls nized the importance of the office of At swered the question. Why did they write comparable to going cut and bringing in torney General. that provision into the Constitution? jurors? Then, let us note Mr. McGranery's Mr. McGRANERY. Because they were very Mr. McGRANERY. No; I do not. testimony on page 164 of the record: wise, they wanted all things that could be Senator SMITH. But you know it ls an en The CHAIRMAN. Could the President de done to be done by the representatives of tirely different type of proposition. In going clare an emergency and then take them over? the people. out and getting jurors you are acting under Mr. McGRANERY. Not without facts and cir Senator HENDRICKSON. Do you not think due process of law there, and there is a pro cumstances to support an emergency, no; of that they wanted this residuum to stay in vision of law. course not. the Congress? Mr. McGRANERY. But it ls the due process Senator SMITH. Who is going to be the Mr. MCGRANERY. Indeed they did. of a man's mind. judge of when an emergency exists? The CHAIRMAN. You answered too hastily Mr. McGRANERY. The question there would there. Let me get back a little bit to Senator That was a strange answer to the Sen be coming up in our Government, h '''" HENDRICKSON'S question. Do you not think ator from North Carolina, who was talk should it come up, when should it come up. they wanted this residuum to stay in the ing about due process of law, when the No. 1, the Secretary of Defense would come Congress? man who wants to become Attorney Gen along and say, "Here, if you rubber people Mr. McGRANERY. Certainly, Senator, I said eral said, "But it is the due process of a don't go through with this particular mat that. Sure they do. · man's mind." ter, we are not going to be able to carry on Senator FERGUSON. Are you not on both Then the Senator from Maryland [Mr. in Korea." Now, what facts and what cir sides on that answer? O'CoNOR] came into the discussion: cumstances then does the Secretary offer in Mr. McGRANERY. What do you mean by support of that? both sides, Senator? Senator O'CoNoR. That was the very next Senator SMITH. Then do you mean to say Senator FERGUSON. That they intended question I was going to ask you with certain that you do think .there are certain circum that the residuum of power remain in Con conditions attached. Let me then propound stances that would justify and give the pow gress and also that it remains in the Presi it in this way while I can. Eliminating from er to the President to do this thing, or say dent if he thinks the facts are necessary for our questions a situation, where, during an that he had the power? him to do it. invasion or imminent danger for military Mr. McGRANERY. I think under extreme Mr. McGRANERY. No. I think the Senator purposes the utilization of radio facilities emergencies the President hafl all powers fairly understands my answer. would l;le deemed by the Commander in Chief to do everything necessary to protect. Senator FERGUSON. No; I do not, really. as essential for military purposes, could you Senator JENNER. In time of peace, Judge? imagine any other situation wherein the Senator FERGUSON. Let him finish the an Then, on page 167, the nominee again President would have the right to seize the swer. assumes that the Executive possesses radio facilities of the country? Mr. McGRANERY. There is no peacetime if inherent powers in emergencies: Mr. McGRANERY. I would answer that per you have that extreme emergency, Senator. haps in a great disaster or catastrophe oc Senator FERGUSON. But does the President curring within the country it self, and with Then let us discuss what Mr. Mc have any power, this residuum power? those exceptions, I would say "No." Granery said as it appears on page 165 Mr. McGRANERY. Certainly the President Senator SMITH. Who would determine of the record of the hearings. A series has power. He has the power of his office. whether there was a great disaster or not? of answers indicated an attempt on the Senator FERGUSON. Inherent in his office? In your opinion who would determine that in part of Mr. McGranery to .dodge and Mr. McGRANERY. There are certain things order to justify saying that the President straddle this very important question. that, yes, inherently flow in his omce. had that power? 5538 CONGRESSIONAL RECORD-SENATE May 20 Mr. McGRANERY. Senator, we are right back Senator SMITH. Now, who determines what Mr. McGRANERY. Because that is true un to that word. is an extreme emergency in your philosophy? der our form of government. Senator SMITH. We are right back to the Just answer that. Who determines it, the The CHAIRMAN. I think he has answered kernel of the thing. You have skirted around President or the Congress? Whose responsi it categorically and emphatically "no," and it every time. bility is it? That ls what I am asking you. then he emphasizes by saying that no man Mr. McGRANERY. I would not want to skirt Mr. McGRANERY. I think in this case we is above the law. The answer is "No." every question, because you have been most are speaking about, it is the President of fair. the United States. Mr. FERGUSON. If the opinion of Senator SMITH. Who would decide what Senator SMITH. You think that the Presi Judge McGranery, beginning on page the disaster was that would justify the power dent has that power to do that even though 190, were upheld and put into etrect, we that you apparently think the President has Congress was in session and he could come would be well on the way to a military to intervene? and report to Congress and ask for legisla dictatorship. The reason I say that is Mr. McGRANERY. The Senator is certainly a tion. most eminent lawyer. If you could define Mr. McGRANERY. I hope we will never meei that the Senator from North carolina for me what is reasonable under the circum that situation, where the President would asked Mr. McGranery the following stances. arbitrarily have his own motion doing some· questions: Senator SMITH. You think reasonable de thing of that sort. Senator SMITH. Who do you think should termines it? You think he has the power? Senator SMITH. Has he not done that? have to declare the emergency in order to Mr. McGRANERY. No; I don't think any Mr. McGRANERY. No, sir; not that I know justify the conclusion that he had the right such thing, but if you can define !or me what of. to seize? we know the law to be, the law says you can Mr. McGRANERY. As I said earlier, I don't do this and you can do that, if it be a reason The Senator from North Carolina know whether it was yesterday or this morn able exercise of the power under the circum CMr. SMITH] continued the discussion ing, that if he were advised, and it were stances. with questions with respect to the Taft brought to his notice and attention, of a .Hartley Jaw. I ask unanimous consent situation that was very vital to the life of Then he talks about seizing the oil in to have printed in the RECORD at this this Republic, he ought not hesitate to do dustry. point as a part of my remarks the dis his known, sworn duty. Senator SMITH. Let me ask this question cussion on the Taft-Hartley law, found Senator SMITH. Advised by whom? then. You know there is an oil strike on on page 22 of the minority report. Mr. McGRANERY. Who might it be? We now; do you not? are back again, Senator-- . Mr. MCGRANERY. Yes, sir; I read the papers. There being no objection, the excerpt Senator SMITH. But you used that lan Senator SMITH. Now, do you think that the was ordered to be printed in the RECORD, guage, "if advised." Now I am asking you President has any power to seize oU com as follows: for your idea. Advised by whom? panies? Senator SMITH. You knew about the Taft Mr. McGRANERY. To take one particular Mr. McGRANERY. As of today? Hartley law; whether it is good or bad; you situation, if the Joint Chiefs of Staff were Senator SMITH. Yes. knew it was on the books? to report such a matter to the Secretary p! Senator FERGUSON. Or tomorrow. Mr. McGRANERY. Yes; I do. Defense, the Secretary of Defense reports that Mr. McGRANERY. Wait a moment. I don't Senator SMITH. Do you think it is within to the President, it could not await remectlal know what tomorrow holds forth. I would the province of the President to use some legislation by the Congress, by all means, 11ay "no." claimed inherent power before he exhausts yes. Senator SMITH. Under what condition, do the power that has been given him by statu Senator SMITH. Who would determine you think, then, he would have the right to tory enactment? whether or not it could wait' for remedial seize oil companies? · Mr. McGRANERY. Senator, no man would legislation? Mr. McGR.ANERY. We know-from our experi have the right to step outside the law. We Mr. McGRANERY. I would say that final ences in this new atomic age that oil ls one must all be amenable to the law. determination would be urged upon him by of the most essential products of the mill Senator SMITH. Would you mind reading those down the line who were charged with tary service. I! it be necessary for the preser the question to him again? the defense of the country. vation of the country and the success of its (The question was read by the reporter.) Senator SMITH. Now, who do you mean, Armed Forces in confiict and the situation is Mr. McGRANERY. I repeat it, Senator, that "those down the line"? such that congressional .power is not readily no man is above the law. Mr. McGRANERY. I would say our · Joint available, the President would have the right Senator SMITH. Answer my question. Chiefs of Staff. in my opinion to seize. Mr. McGRANERY. That is my answer to your Senator S!il{ITH. Then you say the Joint Senator SMITH. But you are assuming a lot question, Senator. Chiefs of Staff would have the power to de of impossible situations. Senator SMITH. Is that the best answer clare an emergency and put everything under Mr. McGRANERY. I can say the same thing you can give? the control of the recommendation of the 1n your question. Mr. McGRANERY. I think it is the best an Joint Chiefs· of Sta.ff? Senator SMITH. No. I am asking you swer that any intelligent person could give Mr. McGBA.NERY. I hope the Senator will whether or not the President has the power you and still have a respect for his citizen have embodied in there, and I know he does, under existing law in your opinion to seize ship. and reflect the consideration that would the oil companies as of today. Senatol' SMITH. Let us see whether be will come all the way up from the bottom show Mr. McGRANERY. The answer is "No." answer "Yes" or "No." ing and proving the emergency. The CHAlRMAN. Judge McGranery, you are In Senator S:MrrR. Then you do think in some the opinion of the minority, a par here in the presence of 12 or 13 men who are situations, without legislative enactment, ticularly important exchange began on seasoned and trained in the law. the President would have the power to seize? page 186. The nominee had to be par Mr. McGRANERY. That is right. Mr. McGRANERY. I can conceive of it, ticularly urged to answer a simple ques The CHAIRMAN. You know the law. They Senator. tion of fundamental character. It is know an answer to a questl.bn, and they know Senator SMITH. Do you think that is the our opinion that the answers are equivo when a question is not answered. The ques power under the law? cal. tion that was propounded to you by the Sen Mr. McGRANERT. I think lt is the power of ator from North Carolina is susceptible of an survival. Senator O'CoNoR. It is my understanding answer "Yes" or "No," categorically. that Senator Smith's question is whether he Mr. McGRANERY. That is a matter of opin That is a new expression-"the power has the authority apart from the statutory ion, Mr. Chairman. I don't think it is su'b of survival." authority. Ject to a "Yes" or "No" answer. Continuing to quote from the record: Mr. McGRANERY. And I say absolutely not The CHAIRMAN. If you want to dwell on excepting what I set forth, and I still main that, Mr. McGranery, then there are some of Senator SMITH. I did not ask you about tain and will maintain that somebody has your friends here who may not be respon the power of survival. to be in charge, and when that exigency or sible for your future. Now, as a friend of Mr. McGRANERY. You can substitute that emergency arises I hope that we will always yours, I am giving you advice to answer that for it in my way of thinking. have a man strong enough in the White question "Yes" or "No." If you don't want Senator SMITH. If that is your way of thinking, that is not mine. House not to halt or hesitate to exercise that to do it, that will be your responsibility. power. Mr. McGRANERY. Will you repeat the ques Mr. President, I ask unanimous con Senator SM.ITH. I want to follow down on tion, Mr. Stenographer? You tell me how sent to have printed in the RECORD at those businesses you say the President has that can be answered 'Yes" or "No." the power to seize without statutory author (The question was read by the reporter.) this point as a part of my remarks the ity. Now to me that is a simple question. Mr. McGRANERT. My answer is .. no," sub remainder of that testimony, because I Mr. M.cGB.ANERY. I would say tha.t the ject to what I said there, that no man is think it is only fair to the nominee that President has no right to seize, without stat above the law. this entire portion of the record be in utory authority, excepting in those extreme Senator FERGusoN. Why do you qualify serted in the RECORD, down to the bottom emergencies. that? of page 25. 1952 CONGRESSIONAL RECORD= SENA TE 5539 There being no objection, the excerpt "Senator SMITH. There might be a differ "Senator WATKINS. Assume he should state was ordered to be printed in the RECORD, ence of opinion as to whether it is neces to you the situation all the way around is as sary to sustain or not sustain; might there it has appeared in the newspapers and then as follows: not? asked you that very question, what would "Mr. McGRANERY. If it is necessary for "Mr. MCGRANERY. That ts right. you advise him? our survival, I am all for it. "Senator SMITH. Who is going to decide "Mr. McGRANERY. I would advise him that "Senator SMITH. Who is to say if it is nec that question? I did not know anything at all about it. essary for our survival? Should the Presi "Mr. McGRANERY. I think if the Congress "Senator WATKINS. He would not get very dent make that determination? ts in session, and admissible under the cir much help from you? "!>.1r. McGRANERY. Not of himself; no. cumstances, they should. It ought to be "Mr. McGRANERY. I don't think he would "Senator SMITH. Who should make it? their responsibility because the Congress is want any help from me on a dead horse like "Mr. McGRANERY. As I said, it. would have the direct representative of the people. that. to come up from the very bottom. "Senator SMITH. Then with Congress in "Senator WATKINS. As a matter of fact, it "Senator SMITH. If an emergency exists in session you would say the President ought . will be the duty of the Attorney General to your opinion to justify this power, you say not to seize any private property when he either proceed with the Government's case the President should exercise it, if I under can go to Congress and ask authority if he in presenting it to the courts or to decide stand you correctly. does not already have statutory enactment? that it ought not to be presented and reverse "Mr. McGRANERY. Now, Senator, during the "Mr. MCGRANERY. That is right, if circum the position. coun:e of my lifetime, I have read something stances would permit that, he should do it. "Mr. McGRANERY. That is one reason why, of the great debates and they are quite vo "The CHAIRMAN. Let me get that answer. Senator, and the big reason why- luminous. They deal with the question that "Mr: McGRANERY. I said, with Congress in "Senator WATKINS. Would that be the we are treating with across the table, and session, the circumstances permitting, the duty-- I cannot help but feel I would be the most President ought not, without the consent of "The CHAIRMAN. He was giving you an miserable, ridiculous, ignorant man that Congress, take over private property. answer, Senator. ever appeared before any committee to set "Senator FERGUSON. What do you mean, "Mr. McGRANERY. If the Senator will per up a plan here which would give you a "circumstances permitting"? mit me, as I understand the steel situation view of what I consider ought to be an ex "Mr. McGaANERY. Now you are getting into now, and I may be wrong, Judge Pine filed ercise of that power. that hairsplitting thing again. I can't an an ouinion. That was taken to the Circuit "Senator SMITH. Are you talking about the swer that question and define that for you. Court of Appeals. The issue was certified great debates in the Federalist Papers? "Senator SMITH. You said you did not to the Supreme Court. The Supreme Court "Mr. McGRANERY. Yes. think the President had the power to take has accepted it now and argument will be "Senator SMITH. Can you put your finger over the newspapers. Did I understand you held on Monday. I certainly, Senator, am on anything in the Federalist Papers that correctly? not going to get into that question. intimates that the President has any sort "Mr. McGRANERY. Yes; you understood me "Senator WATKINS. The President, how of arbitrary power that he can seize private on that." ever, could assume the position with a new property, private business, private plants in We also call your attention to this sig Attorney General he might possibly want to nonwartime and not in an area of war? nificant testimony beginning on page 201: know whether he was right or wrong in what "Mr. McGRANERY. I would say that, ex "Senator WATKINS. I am very much in· he did and whether or not he ought to with cepting perhaps Marbury v. Madison, would terested in the statement he just made. draw and let Judge Pine's decision stand, and be about correct. That seemed to be all right, and as the under those circumstances what would be "Senator SMITH. You do not know of any chairman remarked, if he stays with that, your opinion? power that is even granted by any of the he will be all right, but he then gets down "Mr. McGRANERY. No matter what my debaters you are talking about that ever con to the point he brings in an exception and opinion would be, it would be too late. ceded the President had the power to seize, we never can determine who can determine "Senator WATKINS. That is not the point. in peacetime, private property? what will be the exception. "Mr. McGRANERY. Senator, I will respect "Mr. McGRANERY. That is right. "Mr. McGRANERY. I hope the Senator will fully decline to say. "Senator SMITH. We can agree on that one. believe me when I say I don't want to evade "Senator WATKINS. That is what I wanted "Mr. McGRANERY. Yes, indeed. you. to know, if that is your attitude, it will help "Senator SMITH. Do you think the Presi "Senator WATKINS. We will assume now me make up my mind. dent has the power to seize the telephone you become the Attorney General, and if "Mr. McGRANERY. It will have to be my and telegraph lines? · the President should ask you whether he attitude. I could do nothing other than "Mr. McGRANERY. There again, Senator, I should proceed with his present policy of that. can answer as I would the radio; they are seizure of the steel companies or reverse his "The CHAmMAN. In fairness to the nomi• vital, they are vital systems, arteries of com position, what would you advise him? nee, he is on the Federal bench, he has .not munication, very vital. Indeed, I do. "Mr. McGRANERY. It is my understanding given up his position, the whole matter in· "Senator SMITH. You do what? the President has already asked you gentle volved in the question propounded by the "Mr. McGRANERY. Conceive of a situation men to give him legislation to legalize the Senator from Utah is now in the Court of arising where it would be necessary for the seizure. last resort of this country. In fairness to President to take over. "Senator WATKINS. I am asking what you the nominee, it might be that he could with "Senator SMITH. I am not asking whether would advise him. entire propriety decline to give an opinion. it is necessary. I am asking whether you "Mr. McGRANERY. At that time I would "Senator FERGUSON. I am sorry that I have say the President would have the power to have gotten together all of the circum to say I cannot agree with that. The judge seize those instrumentalities. stances, Senator, and I would have advised always has the right on the bench to excuse "Mr. McGRANERY. I think he would as him on the situation as it confronted me himself in case that particular matter would Commander in Chief. I can conceive of cir at that time. come before him. He comes here, he is a cumstances that would permit it. "Senator WATKINS. Suppose .he put it to Federal officeholder now. He has been ap pointed subject to the confirmation of the "Senator SMITH. You mean Commander in you, "Was I right or wrong on what I did?" Chief in wartime? Senate, and I think we have the right to "Mr. McGRANERY. I won't pass on that be· "Mr. MCGRANERY. Yes. inquire as to his knowledge of the law, what "Senator SMITH. In the absence of war cause that is Monday morning quarterback he would do under certain circumstances. time, do you know of any power? ing, and we have a rule in our house you "The CHAIRMAN. I am not going to take "Mr. McGRANERY. Then we go back to never speak about last night. issue with the Senator at all. I know what catastrophe, flood, and so forth. I would "Senator WATKINS. That does not happen I would do if I was in the position of the say "Yes." to apply to the Senate committee. We want nominee. I would answer it very quickly "Senator SMITH. You think in case of to know what your comments are going to and tell you what I would do, but he can catastrophe and flood he would have that be. with entire propriety say the matter is now power. "Mr. McGRANERY. I don't think you are in the courts and decline to answer." "Mr. McGRANERY. Yes. I cannot conceive entitled to know what I might have said. of a situation where he would have the "The CHAIRMAN. That was not the ques Mr. FERGUSON. Mr. President, in power. tion. the opinion of the Senator from Michi "Senator SMITH. How about the shipping "Senator WATKINS. I want to know what gan-and I am sure that there are other lines? you might do if the President said to you, Senators who share this view, including "Mr. McGRANERY. Well, if you want to go 'I want your opinion now, I have a new At the distinguished Senator from Utah down the line, Senator, I will categorically torney General, I want to know if I was the record establishes the lack of qualifi ... say to you and without any equivocation right or wrong in doing what I did, legally cations of the nominee. that I do not believe there is any power in right or wrong.• We are sorry, naturally, that the testi the Constitution residuum or otherwise that "Mr. McGRANERY. I would say, 'Mr. Presi mony is such that we had to relate it; would permit the taking of property with· dent, you had your gentlemen there, you out just compensation and without due talked to them, they know the circumstances but it is a part of the record. So far as process except to sustain the dignity, the and I don't. The only thing I know is what the questions in the committee were con life and very existence of this country. I read in the newspapers.' cerned, there was no partisan attitude. 5540 CONGRESSIONAL RECORD - SENATE May 20 Members of both parties asked questions. must assume that the President should required, he could do a great deal at I believe that most Senators who heard under ordinary circumstances be per this moment in our history to restore this testimony were shocked by it. mitted to appoint as Cabinet members confidence in our Government. Therefore I ask the Senate to consider men whom he would like to have work Today we face a situation in which a this report in discharging its constitu.. with him, and that, in the absence of President has taken unto himself vast tional duty, the duty to advise and con any substantial reason why confirma powers which are not properly his. sent, to the nomination of Mr. Mc tion should not be given, we should vote Time and time again he has gone con Granery as Attorney General of the favorably upon his nominations. I have trary to the traditional interpretation of United States, the chief law officer of the for the most part done that. the Constitution. United States, whose duty it is to advise The appointment of an Attorney Gen For 20 years the executive branch of the President, Cabinet officers, and the eral, important as it is at all times, as the Government has been stretching heads of Departments as to what the sumes far greater importance at this and pulling the Constitution. By loose law is. Do we want a man in that of particular time in our history. The ex interpretation and at times by outright fice to advise the President and the heads posures that have taken place showing and deliberate misinterpretation the of Departments that the law is what they numerous instances of corruption in the powers of the Congress have been would like the law to be? I hope that various departments of the Federal Gov usurped. A power-hungry Executive time will never come, because if the time ernment have created a special situation has assaulted the system of checks and ever does come when advice is sought which emphasizes more than ever the balances provided in the Constitution. from those whose advice is in conformity necessity of having an efficient, honest, The very structure of our Government with what the President or the head of and strong head of the legal department is in danger. If ever there was a day some department wants the law to be, of the Government. when we need an Attorney General with this Government will no longer be a gov If public confidence is to be restored respect for the Constitution, that day is ernment of laws, but it will become then in Government, there must be a vigorous now. The chief law officer of the Gov and there a government of men. investigation to ascertain the facts, to ernment in these days of crisis must be The man who occupies the important locate the wrongdoing and the violators a man of the highest caliber in the law office of Attorney General of the United of the law, and then proceed with a and a man with the greatest respect for States should know what the Constitu.. vigorous prosecution. Nothing short of the Constitution. We must place in the tion provides. He should know the fun this will satisfy public opinion. Nothing Department of Justice a man of unques damental principles upon which our short of this will restore confidence in tioned legal integrity-a man who, by liberties arebased, including certain in the Government of the United States. his attitude of respect for the law and alienable rights, such as the right to trial So today in considering the nomina· the Constitution of the United States, by jury, the right of indictment by a. tion of Judge McGranery for the posi will be a symbol of strength, a tower of grand jury, and to be proved guilty be tion of Attorney General, we are acting strength, as the chairman of the com yond a reasonable doubt, the right of a. in the light of the situation as it now mittee stated during the course of the man to refuse to testify against himself. exists when the need was never greater hearings. We need at the head of the and the right of a man to have the advice than now for the most careful scrutiny Department of Justice a lawyer of the of counsel. Do we want the type of gov of the qualifications of the man named to highest caliber and a man whose phi ernment under which such fundamental that high position. losophy of Government stands on fours rights will be taken away from defend It is not only the matter of ferreting with the Constitution of the United ants in criminal cases? out the embezzlers, cheaters, the thieves, States. In the opinion of the Senator from the influence peddlers, and others in In my view the nominee, James P. Michigan this record makes it absolutely Government, but there is still a greater McGranery, falls far short of the com impossible for him to vote for the con need for a strong Attorney General to monly accepted minimum qualifications firmation of the nomination of Judge advise the executive department of its for Attorney General of the United McGranery. In his. conscience the Sen duties under the Constitution of the States. This would be true in normal ator from Michigan feels it to be his United States. Today we are facing a times. It is of greater truth in these duty to take that position, and to take real constitutional crisis. There have days when morality and respect for law as long as 4 hours to acquaint the Senate been a series of events over many years seem to have hit an all-time low in with what he believes to be the testi which have weakened and undermined America. mony and the facts. He appreciates the the Constitution. These events, one af The nominee in his appearance before questions which have been asked of him, ter another, have revealed the executive the Senate Judiciary Committee was which have enabled him to explain what department of the United States evading hesitant and evasive in his response to he found in the record. He has given and ignoring and belittling the constitu.. questions regarding the so-called doc the subject most careful attention. Mr. tional provisions which were designed to trine of inherent powers. He was less President, I have not spoken here today protect the freedoms, the rights of indi- . than frank in his expressions of opinion against the nomination of James P. Mc vidual citizens, and to make the Govern .. in regard to that pernicious threat to Granery from a personal standpoint. I ment strong against foes from within our way of life. At the opening of the know him personally. It is not a per and without. questions in respect to that so-called sonal matter. It goes much deeper. It As I look upon the situation, Mr. Presi doctrine, the nominee at first flatly re goes to the fundamental structure of our dent, it seems to me that we need an fused to give the committee his views. Government. It goes to what I believe Attorney General now who can look our Thereafter he changed his course and to be my sworn obligation to weigh present President, or any President, for under persistent questioning attempted carefully the question of whether I can that matter, in the eye and tell him to justify the doctrine and uphold its advise and consent to James P. Mc what can be done and what cannot be efficacy. · Granery becoming the Attorney General done under the Constitution. The time In the face of further questioning he of the United States. has arrived when the Attorney General switched his ground and sought to es Mr. WATKINS. Mr. President, I have should be the real legal adviser to the cape stating his viewpoint by citing the listened with great interest to the distin President of the United States. The At fact that the matter was now before the guished senior Senator from Michigan torney Gene~ al should determine what courts and that therefore he was pre present his views on the nomination of the law is with respect to the executive cluded from expressing an opinion. All Judge McGranery. I joined with him in department, and how it should act un we wanted was an expression of his per the minority report which has been sub der it. · sonal philosophy in regard to the doc-. mitted. I feel very keenly about the We should not have the President tell trine of inherent powers. He gave us situation. I consider that the evidence the Attorney General what he intends nothing but vague generalities and pro adduced and the statements made by the to do, coupled with the request that the testations of patriotism. All that was judge himself reveal a situation which Attorney General find a way to do what required was a straight!orward and makes it impossible for me to support his the President has decided to do, even simple answer in response to straight- . nomination. though it may not be in compliance with forward questions. Since I have been in the Senate I have the Constitution and the law. The committee had no desire to em supported most of the President's nom If the Attorney General is honest, barrass the nominee. Its purpose was inations for his Cabinet. I think we learned, and efficient, with the courage to discover the thinking and legal phi- 1952 CONGRESSIONAL RECORD-SENATE 554l losophy of the man named by the Presi of the RECORD, immediately following my But even Mr. Clark was not claiming that dent of the United States to be Attorney remarks, an editorial from the New the President had inherent power to seize York Times for April 19, 1952, and also a private industry. In fact, the thrust of General in these critical days. his contention was in an almost opposite The present occupant of the White an editorial which appeared in the direction, and this is a difference of great House has declared that the President Washington Evening Star on Monday. importance. of the United States has a vast reservoir April 14, 1952. These two editorials are In 1949, as now; the administration was of inherent powers. He claims the right concerned with the spurious doctrine playing politics. At issue was the question to seize private property and denies that of inherent power. of repeal or revision of the Taft-Hartley Act the courts have power to interfere. There being no objection, the editorials to appease the labor bosses. An administra There is thus pointed up for our atten were ordered to be printed in the RECORD, tion bill which made no reference to injunc tions (it was the injunctive provisions of the tion the difference· between a govern as follows: Taft-Hartley law to which labor took strong ment of law and a government of men. [From the New York Times of April 19, 1952) est exception) was before the Senate com We want in the Department of Jus SEIZURE KNOWS No LIMITS mittee. And Mr. Clark was trying to advance tice an Attorney General who will advise President Truman in his press conference some justification for this omission. If the the President correctly and in accord With the Nation's newspaper editors made an administration bill should fail to prevent a ance with our Constitutional tradition. oblique and perhaps ambiguous answer to a strike emergency, he said, "it is my belief The present nominee is in agreement question of first importance growing out of that, in appropriate circumstances, the with those who advocate the doctrine his recent seizure of the steel industry ·in United States would have access to the courts the name of Government. The question to protect the national health, safety, and of inherent powers. We feel that his welfare. I say this because it is my belief advice to the Executive would support was: "Mr. President, if it is proper to seize the steel mills, can you, in your opinion, that access to its own courts is always avail the usurpation of power which has seize the newspapers and radio stations?" able to the United States in the absence of a specific statutory bar depriving the Govern reached its culmination in the steel The President is not quoted directly after seizure. ment of the right to seek aid of the Federal press conferences, except by express per courts in such critical situations." The precedent established by this ac mission, but the unofficial transcript made tion, if it is sustained, threatens the this paraphrase: "The reply was that under In other words, Mr. Clark was saying: Don't similar circumstances the President had to write into the law the injunction provisions whole institution of private property as that are so distasteful to labor. If things we know it in America. act for whatever was for the best interests of the country. That is your answer, Mr. should get- bad enough, the President has In June 1950 the President of the inherent power to seek the aid of the courts United States delegated to himself and Truman added." unless Congress expressly forbids him to If this means that the President thinks do so. exercised the war-making power. He he does have the power to seize the press, at plunged the United States into war in any time when he decides in his own Execu That is quite a different proposition from Korea. without consulting the Congress tive wisdom that it is "for the best interests the one advanced in the case of the steel and without seeking the approval of of the country," then it flows with complete seizure. The Government is not now say Congress. The founding fathers placed logic from his executive seizure of power ing that the President has inherent power to take over the steel industry. to appeal to the courts. It is saying that that power in the Congress. They put the President has inherent power to seize the war-making power in the Congress. Government seizure of private property a private industry and that the courts have That did not stop the President and his once begun knows no stopping place, no no power to interfere. The difference is boundary. If it is, in one man's opinion, the difference between a government of law advisers. In fact, one of his advisers "for the best interests of the country" to came to Congress and stated that the as determined by the courts, and a govern seize steel mills, it would be quite plausible, ment of arbitrary power exercised by one theory that Congress had the power to to cite an example, to seize newspapers that man-the President. declare war was outmoded by modern questioned the Government's constitutional It is not enough, however, merely to say conditions and was no longer tenable. power to seize and expressed their displeas that the President lacks the seizure power Less than 2 years after Korea, the ure with such vigor that their continued that is claimed for him. A ruling to this President assumed the power to seize pri publication was not "for the best interests effect eventually may be forthcoming from of the country." vate property. By one sweep of his hand the courts. But a judicial finding that the That way lies slavery to Government edict, he seized the steel industry. Thus we to Presidential Executive order. The power President is without authority to seize a have come to the culmination of 20 long to seize property is the power to destroy, to private industry under the doctrine of in years of the Executive's grasp for more stifle opinion, to abolish freedom of the press, herent power would not reach the basic and more power. and a long step down the road to no free problem which underlies this whole con The man at the head of the Depart doms at all. The history of our times, in troversy. That is the problem of how the ment of Justice must be something more other countries, is eloquent with example of public interest is to be safeguarded. than a mere echo of the man in the the servitude to which peoples are delivered If our system is to survive the clash of White House. He must be a man of un by such power. economic interests, some substitute for bit Later assurances from White House sources ter-end strikes in vital industries must be questioned legal integrity. He must be do not reassure. These take the line that a man of strength and courage, one who found. The public interest demands this. it was "absolutely unlikely" that newspapers The Taft-Hartley Act is not an effective sub will stand up and tell the man in the and radio stations would ever be seized in stitute, for the best that it can do is to post White House wherein he is wrong and this country, but that the President had pone a strike for 80 days. The Smith-Con wherein his actions will violate our basic power in an emergency to take over "any nally Act, which authorized seizure as a war portion of the business community acting concepts. We need as Attorney General time device, has expired. In fact, there is a man who will be a leader of positive to jeopardize all the people." They merely confirm the uneasiness aroused by the Presi a kind of vacuum in the laws, and as long moral conviction, one whose life is dent's original reply. as that condition prevails a President-any marked by respect for the law and love Conciliatory explanations fail to convince President-will be tempted to move in in of the Constitution. He must be a man because we already are confronted by the time of emergency and assert a claim to with a profound knowledge and under stark and unalterable fact that the President powers which cannot be spelled out and standing of the Constitution. d id seize the steel industry. It is all of a which can be exercised only at great potential lVIr. President, in my opinion the nom piece, and there can be no easing of the ap peril to our free society. inee, James P. McGranery, falls far short prehension among the people as to usurpa The remedy lies with Congress. Speeches of the standard we need in these critical tion of executive power to seize private prop for denouncing the President for usurping days. I, for one, cannot support his erty in any form until the courts or the power accomplish nothing. What is needed nomination. Congress have spoken with finality. Our is legislation, carefully worked out, which freedoms are under a cloud of doubt until will provide effective machinery for settling It is not my intention to make a that question of misuse of power is answered. lengthy speech. The minority views are disputes in essential industries. It is no answer to say that this entails compulsory clearly set forth in print. Mr. President, [From the Washington Evening Star of arbitration, and that both industry and much more could be said regarding the April 14, 1952] labor oppose it. Neither is it an answer to nomination. The Senator from Michi say that it is hard to devise an equitable gan has, however, made a thorough THOSE INHERENT POWERS The best-known authority for the propo system. The rise of labor monopolies in analysis of the testimony taken by the sition that the President has exceedingly vital industries is forcing the country to committee. So the record has been great inherent powers ls the letter that the make a choice among alternatives. And we made. then Attorney General Tom Clark wrote to will not be relieved of the necessity of Mr. President, I now request unani Chairman Thomas, of the Senate Labor Com choosing merely because there is no ideal mous consent to have printed in the body mittee, on Fe~ruary 2, 1949. choice. · 5542 CONGRESSIONAL RECORD=- SENATE May 20, Mr. WATKINS. Mr. President, I re .. losing sight of him. Is his face going to be choice for membership within his owni quest further unanimous consent to in· saved in the general melee? official family, although of course the Judge McGranery, who has been design sert at this point in the RECORD two ad· nated by the President as successor to At Senate has an undoubted right to con.. ditional editorials which bear on the torney General McGrath, has made it clear sider the nominee's character and fitness subject of crime and corruption. These that he intends to liquidate the Morris in for such an appointment. editorials are from the April 7, 1952, vestigation of the Old Man. And such plans It is pertinent, I . believe, Mr. Presi· Washington Daily News and the April 6, as he has to look into official corruption dent, to point out that selections by the 1952, issue of the Washington Post. appear to be casual and incidental. "The President for Cabinet posts are in a They express the widely shared view first order of business:" he told the press, somewhat different category, as com.. that the appointment of James P. Mc· .. is to find out if a cleanup is needed and where." That seems to fix the tone of the pared with appointments to membership Granery means the end of any real new regime. Where has Judge McGranery on boards, commissions, or independent clean-up of corruption in Government. been in all the months while scandal has agencies. Particularly where the nom· There being no objection, the edito .. been occupying a central position on the -inee is to be in an especial way an ad· rials were ordered to be printed in the :Washington stage? viser to and an intimate associate of the RECORD, as fallows: There was no doubt in the mind of the President, as is the Attorney General, it President a few weeks ago as to whether a. [From the Washington Daily News of April 7, seems to me that substantial reasons hous~cleaning is necessary. So concerned 1952] was he over the repeated exposure of bribery, would require acquiescence in the ap DIDN'T TAKE HIM LONG venality, fixing, and slick practices that he pointment unless grave considerations In most cases, public officials who measure was wtlling to give vast powers and a free prevent. up short for the jobs they hold don't prove hand to a Republican investigator. Now he James P. McGranery has occupied it for several weeks, or even months. seems willing to believe that Old Man Cor several offices as a result of elections and The man chosen by President Truman to ruption may have been only a bogy after appointment. He has previously been .be his new~ clean-up Attorney General is all. At least he has agreed to string along unique in this respect. Judge James P. Mc With Judge McGranery's proposed investiga confirmed by the United States Senate Granery made the point even before he got tion to see if an investigation is needed. for high office in the Federal judiciary. the job: The mountain has labored and brought forth His constituents theretofore had elected Mr. McGranery, in his first public state a mouse. and reelected him to the Congress of the ment, grandiosely announced that the Presi Whatever investigating is to be done under United States. His public service also dent had commissioned him "to restore the the McGranery regime will be as.5igned to included the incumbency of one of the confidence of the people in the integrity of the FBI. "I think that the FBI will be highest posts in the Department of Jus.. the administration of justice." capable of advising me of the existence of tice, from which he was elevated the But the first thing he will do, he said, any [corruption]," Judge McGranery said, to 1s find out if there is a clean-up needed ..and who the particular wrongdoers are." Federal judgeship, through concurrence and where. If public confidence 1n the As this was coupled with the judge's asser by this very body, the United States ad.ministration of justice needs to be re tion that he will use the "regular procedures Senate. stored, as it obviously does, there hardly of the grand jury," it may mean that he and An impartial review of his record dis· can be much if about the need for a clean-up. the FBI will concern themselves only with closes that he possesses a wide experi· Mr. McGranery then announced he would Violations of the law, as indeed they should. ence. He has been a member of the bar turn the clean-up job over to the FBI, say But much of the corruption that the Presi for three and one-half decades. During . ing that if there is any wrong-doing going dent, Congres.5, and the public have com on, Mr. Hoover (J. Edgar) knows about it. plained about is in the twilight zone of un successive terms as Congressman he was That statement has the suspicious scent ethical conduct and may not involve trans active in the draftsmanship of legisla .. of an intent to use the FBI as a curtain to gression of any statute. Are the fixers, the tion. As a high officer in the Depart black out this sorry mess. influence men, and the tools of unscrupulous ment of Justice he assisted in the direc .. The FBI is an investigating agency, not interests to remain undisturbed unless for tion and supervision of the functioning a prosecuting office. Its job, on which it mal prosecutions can be launched? of the very Department. to which the has built an outstanding reputation, is to The impropriety of injecting the FBI into if the sort of investigation that is needed .President's appointment, confirmed, gather facts. It has done this job remark will return him. As a Federal judge ably well, but the prosecution of the cases should be clear to everyone. It could not do it has developed has been in the hands of an effective job without becoming a sort of since October 1946, he has presided over the lawyers who boss the Justice Depart gestapo. With its present powers, the FBI trials and participated in other judicial ment. The results on the prosecution end could not, for example, subpena official rec proceedings in the exceptionally busy have been much less satisfactory. ords and papers or require suspected wrong district in eastern Pennsylvania. Mr. McGranery, in his 3-year term as as doers to answer questionnaires on their as During his four terms in the Congress, sistant to the Attorney General, had a hand sets and income; and without such papers representing his Philadelphia constitu in the whitewash of the Amerasia case. And and information, how could any agency ency. Judge McGranery, by his legisla he blamed the collapse of that prosecution ferret out the unfaithful officials near the on the FBI-although the FBI had gathered top who are largely responsible for the lower tive action and general conduct, created the facts in that case and placed them at ing of the standards of integrity in the Gov for himself an indisputable record for Mr. McGranery's disposal. ernment? Clearly it is not a job for the FBI forthright, honest, and untiring public Moreover, the FBI is expres.5ly prohibited and any attempt to transform the FBI for service, which caused him to be well re by law from investigating the Treasury De this sort of assignment would be dangerous garded by his colleagues and highly es partment, where the most sordid scandals to our basic rights and freedoms. teemed by his constituents. so far have been unearthed. What the McGranery nomination really It is significant to note that one wit The FBI, as the principal guardian of the means, therefore, is the withdrawal of the Nation's internal security, has its hands full. administration froll}. Operation Clean-up, ness who testified against Judge Mc .. Rooting out political plunder in the ad except for routine prosecutions. That throws Granery during the hearings before the ministration is not a job for the FBI. It a heavy burden upon Congress. For exam Judiciary Committee even went so far is a job for Congress and the President. ple, we shall now have to look to the Chelf as to state that he would have voted for Judge McGranery's motives in trying to Subcommittee for a comprehensive analysis him for Congress, had he been in his con hide behind the FBI should be thoroughly of what is wrong with the Department o! gressional district, and further testified explored by the Senate Judiciary Commit Justice. The administration has found the issue too hot to handle. as to Mr. McGranery's excellent per tee, along with his background and quali formance during his legislative terms. fications, before the committee acts on his nomination. Mr. O'CONOR. Mr. President, the It is a fact well known to many Senators Senate is confronted with the question that Judge McGranery, during his 3 [From the Washington Post of April 6, 1952) of confirmation or rejection of the nom.. years as Assistant to the Attorney Gen.. ination of Judge James P. McGranery eral-a very difficult 3 years at the ANTICLIMAX for the office of Attorney General of the height of the last great war-wa.s an Among the dramatis personnae in the Tru United States. man-McGrath conflict (or shadow boxing) astute and competent top official in the that took place here last week was a char The nominee, a Federal judge, is the Justice Department. At all times he acter that 1s ln danger o! being relegated selection of the President of the United manifested determination to protect and to a minor role in the enveloping dust. The States, who thereby indicates his pref.. safeguard the multitudinous interests of character is Old Man Corruption. You re erence for this particular individ.ual to our country during that time of great member, he formerly occupied the center be a member of his Cabinet and his legal stress. ot the stage. Dazzled as we all are by the adviser. It is to be assumed that certain In regard to his judicial conduct since antics of . Thursday, we are in d~nger o! weie-ht should attach to a President's his appointment to the Federal bench in 1952 CONGRESSIONAL RECORD - SENATE 5543 1946, our Judiciary Committee received achieve all that is possible for them as confirmed his nomination to that office. the testimony of Judge George A. Welsh, citizens under the American system What has he done since then which a highly-respected colleague of the which affords opportunity to all. would cause us to say that he cannot nominee in the United States District I desire to speak for a few moments pass an opinion-because that is all he Court for the Eastern District of Penn on behalf of the nominee, Mr. James P. can do-as a Cabinet officer of the Presi sylvania. Judge Welsh, even though of McGranery. Like millions of others, he dent of the United States? the opposite political amliation, char has been a beneficiary of American op I think it is agreed that the President acterized the nominee as a gentleman of portunity. He was not born in an at has the constitutional right-not the high ideals and ethics who has had the mosphere of opulence, but as a plain, personal right, but the constitutional legal training so desirable in the admin ordinary American, with an opportunity right-to select his own Cabinet, irre istration of justice. Judge Welsh made before him. spective of agreements as to choice by known that had there been any just It was said, I believe, by Stephen A. the Senate of the United States. The cause for criticism of the nominee, he Douglas, of Illinois, that it is great to President of the United States, whether would have noticed it, sensed it and rec be of one political faith or of another he be President Truman or any other ognized it, but that there had been ab political faith, but that it is greater man, certainly has the constitutional solutely none, to his knowledge, on the still to be an American. I believe in right to say, "I want this man for Sec part of the bar or the bench. that. The nominee, having come up the retary of the Interior; I want this lady Criticism has been expressed concern hard way, as do the majority of the for Secretary of Labor; I want this man ing Judge McGranery's actions in a law American people, has been and continues for r.. 1y Attorney General." suit that was brought against him in a to be the beneficiary of the opportuni Unless there be moral turpitude in case in which he had held funds as a ties afforded by the American way of volved, I challenge the Senate to deny stakeholder. Testimony brought out life. In many instances, however, he that right. I challenge the Senate to during the trial of this case, and I refer had to create opportunity for himself. tell the world wherein the choice of the specifically to the Clan-Na-Gael case, I believe that the nominee would make President of the United States in select indicated that at all times Judge Mc as fine and as great an Attorney Gen ing James McGranery as Attorney Gen Granery was ready, willing, and able to eral as any who have occupied that of eral involves anything except a matter pay to the rightful owners the moneys fice. There have been some wonderful of opinion as to conclusions of law. in his possession as stakeholder, if there Attorneys General, but I believe I can I stated before, and I repeat, that I could only be a certainty in his mind as safely say that neither in training nor believe Jim McGranery will make an out to which of the parties in contention had attributes of the heart did they surpass standing Attorney General and that he legal right to the funds. the present nominee. There may have will discharge the duties of his omce as It was shown during the trial that been some who were more learned in efficiently as has any prior Attorney these funds were held by Judge Mc the law but who perhaps were lacking General. Granery as a trust, that they were in the milk of human kindness which is Mr. McGranery could have remained never commingled with other funds, and necessary in the .administration of the for life in a judicial position, but as an that the moneys themselves were not law in order to make it effective. American he was willing to serve in and touched for the payment of expenses Mr. President, what is the matter with to discharge the duties of another omce. incurred during the many transactions Jim McGranery? I know certain folk Mr. President, it is very easy to con involved in this case. Nowhere in the do not like his name. Probably there demn and to ruin by innuendo the lives testimony during the trial of this case, are those who do not approve some of of fine, conscientious Americans. I nor in the testimony heard by the com the things he has done. But when it happen to know Mr. McGranery. I mittee in the hearings on the confirma comes to having the necessary qualifica know his fiber and his make-up. I know tion, did it appear that any accusation tions and the desire to discharge prop hi3 family. I say, "Shame on those who of misappropriation had been leveled erly the duties of the omce of Attorney would say that because he has political against Judge :r.icGranery. General of the United States, in my differences in Pennsylvania or elsewhere In support of the confirmation of opinion he is the equal of any man. we should take action to ruin his career." Judge McGranery's nomination, court Who will say that he would not make I do not believe anyone wants to do that. omcials and citizens high in professional a good Attorney General? We Members of the Senate have been and business life have appeared. To cite Referring again to American oppor iL political battles over and over again, but one of the unimpeachable witnesses tunity, a person might be potentially a and I do not believe this body is going to his character and fitness, I refer to great banker, but unless he had an op to be so unfair and so unjust, after hav the outstanding United States attorney portunity to serve as a banker, how ing on a previous occasion confirmed his o·: the eastern Pennsylvania district, the could he develop and demonstrate that nomination for a judicial position which Honorable Gerald A. Gleeson. Anyone potentiality? A man might be poten has to do with dispensing justice, as to who knows District Attorney Gleeson tially a good Senator, but without elec say, within a few months afterward, that recognizes in him a man of veracity, high tion to that high office in one of the he cannot be Attorney General. ideals, and proven competence. He gave States, how would he be able to demon I shall cast my vote for the nominee. to our committee unqualified assurance strate his capacity and fitness to serve Mr. GREEN. Mr. President, it has that Judge McGranery had acquitted as a Senator? The same is true with been my privilege to know James P. Mc himself creditably as a Federal judge respect to the office of Attorney Gen Granery for more than 15 years. and that he would uphold the best tradi eral. We must base our expectations Throughout the entire period of my ac tions of the omce of Attorney General regarding an individual upon past ex quaintance he has shown himself to be of the United States. perience. To those within the sound of ·a man of high principle and of integrity, Mr. President, I submit that these are my voice to ask: What is the matter with As a member of the Banking and Cur but a few of a great many facts which Jim McGranery? The Attorney Gen rency Committee, of the Interstate and should at this tim~ be given keen con eral is the legal adviser to the adminis Foreign Commerce Committee, and of sideration in the appraisal of the in tration. He does not make the laws. the Ways and Means Committee of the tegrity and professional ability of this He is called upon to pass judgment in United States House of Representatives, nominee for the Attorney General of the extremely important matters. Is there Jim McGranery stood for the highest United States. I shall therefore be any basis for thinking that Mr. Mc ideals of legislative action and for the happy to cast my vote in favor of the Granery would not make a good Attorney American ideas of free enterprise and confirmation of his nomination. General? If his nomination is con equal justice for all. When he resigned Mr. CHAVEZ. Mr. President, it is a firmed, it as I say will not be his duty from the Congress to accept appoint great privilege to be an American. I to write the laws, but to administer ment from the President of the United believe that every American appreciates them, as the President's chief law officer. States as the Assistant to the Attorney the benefits accruing to him as an This body was asked to confirm the General, he did so from deep patriotic American. Some are born in circum nomination of Mr. McGranery as a Fed motives in time of war. stanc~s. possibly of opulence; others eral judge, whose functions are entirely At the conclusion of 3 years of service may be born under circumstances which different in matters of legal determina in the Department of Justice he was make it necessary for them to exert tion from those of the Attorney General named judge of the United States Dis them ~ elves to the utmost in order to or of a district attorney, '!'he Senate trict Court for the Eastern District of 5544 CONGRESSIONAL RECORD - SENATE May 20 Pennsylvania and left the Department ber of the bar of Pennsylvania, whose Mr. President, I come next to a letter with a record of achievement acclaimed name is Hubert J. Horan, Jr., says: from the firm of Richter, Lord & Far by many Republicans and Democrats I have known Judge McGranery for at age, over the signature of Donald J. alike. least 25 years. His life, public and private, Farage: As a Federal judge, he has been fear .. 1s an inspiration to the people of Phila RICHTER, LORD & FARAGE, less, fair, and forthright. The respect delphia. There isn't a. better living man Philadelphia, Pa., May 12, 1952. of litigants, lawyers, and the Judiciary that I have ever known than Judge Mc Hon. PAT MCCARRAN, has been his. His record is one that ex.. Granery. He 1s happily married. He has Chai rman, Commi ttee on the Judi ciar y, a charming wife and children whom he Uni ted States Sen at e, presses legal knowledge, industry, pa worships. W ashington, D . C. tience, and determination to etiect the I know he is a man of integrity. I have DEAR SENATOR McCARRAN·: As a member of the ends of justice. tried cases against him when I was practicing the Philadelphia bar, and as a partner in To accept another position like this law, and if he told you he was going to do a very active law firm, which therefore has post Judge McGranery will be making something, you could rely on it. You did direct and intimate knowledge of the de a sacrifice of a life position on the bench not have to write him letters to confirm portment, abilit y, and background of our telephone conversations. I! he told you a local judges, I am taking the libert y of which he has found to be congenial and fact, he hon estly thought it was true: I communicating to you my sincere and un satisfying. never in my life found Judge McGranery to solicited impressions of the Honorable James The PRESIDING OFFICER. The hedge on the truth. P. McGranery, concerning whom your sen question is, Will the Senate advise and He held office in Philadel phia for the last atorial committee has recently conducted consent to the nomination of James P. 20 or 25 years, and there never was a criticism hearings to determine his qualifications for McGranery to be Attorney General of of him. I never voted for him. I am a. the office of the Attorney General of the the United States? Republican. United ..3tates. The law firm of which I am a member Mr. McCARRAN. Mr. President, at Mr. President, from the firm of Rawle has, since 1946, instituted several hundred the outset I desire to speak of the fair & Henderson, an outstanding firm in cases in the Federal court for the eastern ness which I think has characterized Philadelphia, we have the following let district of Pennsylvania, as well as numer those who have seen fit to oppose the ter signed by Joseph W. Henderson: ous cases in the State courts and other nomination of Mr. McGranery. It is RAWLE· & HENDERSON, Federal districts. A substantial number of easy to select small items in the career Philadelphia, May 13, 1952. our Federal cases, at one stage or another, of a public official and magnify them so Hon. PATRICK McCARRAN, have been assigned to Judge McGranery. as to make them appear as though they Chairman, United States Senate Judi Except for our latest junior associate, every ciary Committee, Un ited. Stat es one in this firm has, at one time or another, were mountains instead of mole hills. h ad occasion to appear pefore him. I, my But, on the whole, the presentations by Senate, Washington, D. C. DEAB SENATOR McCAB.B.AN: The Honorable self, have both argued motions and tried the Senator from Michigan [Mr. FERGU .. James P. McGranery, Federal judge for the before him. soNJ and the Senator from Utah [Mr. eastern district of Pennsylvania, has been Whatever the nature of the trial or argu WATKINS], in opposing the nomination, known by me for many years, and I have ment before him, I can state for myself and have not been unfair. They were en found him a man of great integrity in all my associates, without reservation or qual titled to draw conclusions if they saw fit. respects. , ification, that we have at all times been They were entitled to have the nominee I personally have been engaged in the trial accorded the fairest of hearings by Judge of legal proceedings in his court, and our McGranery. Contrary to assertions of oth answer certain questions. In my judg ers reported in recent newspaper stories, it ment, be did answer those questions. om.ce has been before him on many occasions. I refer particularly, in my own instance, to has been our experience that he has con Mr. President, who is this nominee? the case of the. steamship NorWich Victory sistently conducted himself with marked hu mility and has always evinced a calm and James Patrick McGranery was born on which was reported in 77 Federal Supple July 8, 1895, in Philadelphia, Pa. He ment 264, and which was one of Judge Mc dispassionate judicial temperament. was educated in parochial schools and Granery's first admiralty cases. He found His rulings have not always been favor against our client, American Dredging Co. able to us, and, therefore, not always to the Maher Preparatory School; received our lilting. Nevertheless, in good conscience, the bachelor of laws degree from Temple We endeavored to have his decision reversed by the court of appeals, in which we were we are obliged to concede that, even when University Law School in 1929, and the unsuccessful, and even applied for certiorari he has decided adversely to our point of view, honorary degree of doctor of laws from to the Supreme Court of the United States, he has always acted honorably, and in rell Villanova College, in 1949. In 1930 he which was denied. In that case, in which we a.nce upon persuasive legal authority. His was admitted to the bar of the State of were very disappointed in the outcome, Judge decisions have never been, to our knowledge, Pennsylvania. McGranery showed a marked abillty and con arbitrary, impulsive, or otherwise motivated siderable knowledge and research in con by any purpose other than to achieve the In World war I he served in the United ends of justice. States Army Air Corps. nection with the law of admiralty. Again, very recently, in the case of Baccile Since 1934, except !or about 2 years, I have From 1925 to 1931 he was adjutant in v. Halcyon Lines, et al., reported in 89 Fed been an associate or full professor at Dick the One Hundred and Eleventh Infan.. eral Supplement 765, whieh I argued in the inson School of Law, of Carlisle, Pa., or at try, Pennsylvania National Guard. Supreme Court of the United States (Halcyon George Washington University, of Washing From 1930 to 1937 he practiced law Lines v. Haenn Ship Ceiling and Refitting ton, D. C. In addition, for several years I in Corp.) in which a decision was handed down have been teaching medical-legal jurispru Philadelphia as a member of the firm dence at Jefferson Medical School in Phila of Masterson & McGranery. in January of this year, Judge McGranery in the lower court made certain findings in delphia. Like most law teachers, I have al From 1937 to 1943 he was a Member this most important case. He was reversed ways tended to scrutinize the scholarship of Congress from the Second District of by the court of appeals, and the Supreme and skill of members of the judiciary, al Pennsylvania. Court of the United States reversed the court most with a jaundiced eye. I can assure you From 1943 to 1946 he was Assistant of appeals. They, however, did not affirm that I have weighed carefully the decisions to the Attorney General of the United Judge McGranery's findings in the lower of Judge McGranery. Here, too, even though court. Here again was a. step in marine law on occasion I have disagreed with his re States. which required considerable research and sults, I have always been impressed with In 1946 he was elevated to the bench understanding, and Judge McGranery what I regard as his decidedly better-than by appointment of the President, and showed his knowledge in all respects in con average opinions. I think that they reflect confirmation of the Senate. nection with it. scholarliness and thoroughness far above the norm of judges in the Philadelphia area. It cannot be said of him that he was There are other instances to which I could refer, but the above examples are illustra My concern for the best interests of our born with a golden spoon in his mouth. tions of h1s capacity and judicial ability. Nation weighs heavily on my heart. That He has worked his way up from obscurity Judge McGranery, in my opinion, is a well concern impels me to protest against recent to a place where his fellows at the bar trained lawyer, and in every contact that unmerited criticism of Judge McGranery. of Pennsylvania acclaim his ability. we have had in h1s court he has shown the Personally, I regret having lost bim as one One member of the bar came down proper decorum to uphold the dignity of the of our local Federal judges. ·court and properly to administer justice. I In short, everything that I and my asso from Philadelphia to testify against think he would make a very good Attorney ciates have ever seen of .him convinces us Judge McGranery. Other members of General.· · - that he wm perform the duties of the Attor the bar have sent their testimonials over Faithfully yours, ney General with ~delity, vigor, skill, and their signatures. One outstanding mem- - JOSEPH W. HENDERSON. yet with true Christian humility, and in a CONGRESSIONAL RECORD - SENATE 5545 fashion which I am sure will do honor to the appointment of Judge James P. McGranery for printing in the RECORD at this point great office to which the President has ap as United States Attorney General. I have as a part of my remarks. pointed him. known Judge McGranery and his wife ever Sincerely yours, since they have come to the Philadelphia bar. There being no objection, the letters DONALD J. FARAGE. They are both the salt of the earth. were ordered to be printed in the RECORD, Judge McGranery is honest, able and fear as follows: Another letter comes from another less and he has a fine record as a lawyer and PHILADELPHIA, PA., May 7, 1952. member of the same firm. as a member of the Federal judiciary in this Hon. SENATOR MCCARRAN, Mr. President, I hold in my hand an community. House of Senate, Washington, D. C. unsolicited letter from Mr. E. A. Mueller, I happen to be· of an opposite political DEAR Sm: I am a disabled American vet of Philadelphia. Mr. Mueller penned faith but I resent the wholly unwarranted eran of World War II and also served in World this letter in his own hand. He ad and baseless attacks being made upon him War I. in the public press. As a Philadelphia law I sure hope to God the Senate Judiciary dressed it to the Senate Judiciary Com yer I think it is my duty to stand up and mittee. In this letter, he said: Committee will recommend confirmation of say so. I will be very happy to appear before our good friend James P. McGranery. I have I have read that District Attorney Richard your committee and say so in person if you known Jim for many years. I am sure he son Dilworth, of Philadelphia, has offered would like me to do so. can make good, both in measuring up to testimony detrimental to Federal Judge This letter is being written voluntarily the job and meeting the expectations. I James P. McGraney whose confirmation as and without solicitation on the part of honestly believe that his services would prove Attorney General of the United States is anyone. it and warrant the confidence placed in him. under consideration. I have never taken Sincerely yours, Ability and hard work will do the rest. any part in politics and in voting I have al THOMAS C. EGAN. Thanking your honor for any considera ways voted f9r the Republican ticket. How Mr. McCARRAN. Mr. President, here tion that you may be able to give this matter, ever, I have always tried to be fair and decent is a letter from Mr. Grover C. Ladner, I am, in my judgment of men and when a man Sincerely yours, who has proven himself a common scold, of the firm of Clark, Ladner, Forten THOMAS F. MALLON. essays to tear down the reputation of one of baugh & Young, of Philadelphia. Mr. P. s.-He is one man that helped us vet our Federal judges, I simply must protest Ladner writes: erans in many ways. and ask of you to consider the type of indi DEAR SENATOR: Noting that the Honorable vidual who is testifying in opposition to the James P. McGranery, Attorney General des President's appointment. Not so many days ignate, has been most unjustly criticized PHILADELPHIA, April 17, 1952. ago this same Dilworth accused Judge Fen from the standpoint of competence and abil Re Hon. James P. McGranery. nerty, one of our common pleas judges, of ity, may I as a former justice of the Penn Hon. PAT McCARRAN, being the laziest judge on the bench and he sylvania Supreme Court and former judge Chairman, Senate Judiciary Committee. made that accusation, in those words, of the Philadelphia County Orphans' Court, Senate Office Building, through our daily newspapers. express my views concerning Judge McGran Washington, D. C. ery's qualifications. Sm: It is my understanding that your com Mr. Mueller then goes on to say: It is a pleasure to write you that I have mittee will shortly conduct hearings upon You may consider this letter as the out known him as a respected member of our the confirmation of Hon. James P. McGran burst of an old fool (I'll soon be 86 years of bar for more than 25 years and sincerely be ery, of Philadelphia, as Attorney General of age) or you may consider that there may be lieve him to be eminently qualified in legal the United States. some merit to my kick. My idea is, when a ability as well as character to capably dis During the past 24 years of practice at the man comes in to testify, he must come with charge the duties of the high office to which Philadelphia bar, I have had occasion to clean hands. be has been appointed. come in contact with Judge McGranery as lawyer, Congressman, and judge, and I am This letter which I have read, Mr. Pres Mr. President, I ask unanimous con writing merely as one individual member of ident, is similar to a number of other sei1t that this letter from Mr. Ladner the Philadelphia bar, anxious to see fairness letters which have been received by the may be printed at this point in the REC and justice done and a high standard main committee. I have read it with the ORD as a part of my remarks. tained for public officials. thought that it may prove particularly I have known the Attorney General desig There being no objection, the letter nate as a capable lawyer, an extremely con interesting to my colleagues on the other was ordered to be printed in the RECORD, scientious Congressman, and a fair and able side of the aisle, in view of the fact that as follows: judge. On the basis of his fine experience Mr. Mueller stated he has always voted CLARK, LADNER, in these fields, coupled with his record ill for the Republican ticket. FORTENBAUGH & YOUNG, the administration of the Attorney Genen'.>.'s Mr. President, among many letters Philadelphia, Pa., April 16, 1952. office as the assistant to the Attorney Gen from members of the Philadelphia bar Hon. PATRICK McCARRAN, eral, I know of no one more qualified by was one from Mr. Thomas C. Egan. _Mr. Chairman, Judiciary Committee of the training, character, and experience than United States Senate, Judge McGranery. His personal life is ex Egan writes-and I read his letter only Washington, D. C. emplary. in part: DEAR SENATOR: Noting that the Honorable Accordingly, with your permission, I would I have known Judge McGranery and his James P. McGranery, Attorney General des like to add my own small voice to any evi wife ever since they have come to the Phila ignate, has been most unjustly criticized dence received by your committee in support delphia bar. They are both the salt of the from the standpoint of competence and abil of Judge McGranery's confirmation for the earth. • ity, may I, as a former justice of the Penn post of Attorney General. Judge McGranery is honest, able, and sylvania Supreme Court and former judge of Respectfully, fearless and he has a fine record as a lawyer the Philadelphia County Orphans' Court, ex JOHN C. NOONAN. and as a member of the Federal judiciary in press my views concerning Judge McGran this community. ery's qualifications. I happen to be of an opposite political It is a pleasure to write you that I have APRIL 7, 1952. faith but I resent the wholly unwarranted known him as a respected member of our The Honorable PAT McCARRAN, and baseless attacks being made upon him in bar for more than 25 years and sincerely United States Senate Building, the public press. As a Philadelphia lawyer I believe him to be eminently qualified in Washington, D. C. think it is my duty to stand up and say so. legal ability as well as character to capably MY DEAR SENATOR: Having learned from the discharge the duties of the high office to newspapers of some opposition in certain Mr. President, I ask unanimous con which he has been appointed. quarters to the appointment of Federal Judge James P. McGranery as our next Attorney sent that the full text of this letter from If you or your committee care to have Mr. Egan may be printed in the RECORD me do so, r ·wm be glad to appear personally General, I should like to expres& my opinion at this point as a part of my remarks. before the committee and so testify. of his fitness for this very important post. There being no objection, the letter Yours respectfully, I have known Judge McGranery personally GROVER C. LADNER. for many years. I have always found him was ordered to be printed in the RECORD, sincere, forthright, and honest. I am sure as follows: Mr. McCARRAN. Mr. Presiden~. there his loyalty to his country is beyond question. PHILADELPHIA, PA., April 18, 1952. are a number of other letters. I shall I feel certain he will faithfully fulfill all the Re Hon. James P. McGranery. not take the time of the Senate to read duties of the high office to which he has been Hon. PATRICK A. McCARRAN, them. I think they should be inserted nominated by the President. Chairman, Senate Judiciary Committee. With sentiments of the highest esteem. I Senate Office Building, iri the RECORD. They are all commenda am, my dear Senator, Washington, D . C. tory of the nominee. They are all from Sincerely yours, -MY DEAR SEN ATOR: As a -member Of the tne. locality in which he liYes and in Most Rev. J. CARROLL MCCORMI8K, D. D., Philadelphia bar,·r am happy to endorse the , which he presides. I off er these letters Auxiliary Bishop of Philadelphia. 5546 CONGRESSIONAL RECORD= SENATE May 20 THE SOCIETY OF THE FRIENDLY Judge McGranery's deep faith and love of We, however, like the little boy who was SONS OF ST. PATRICK, GOd a.nd his principles of justice, will serve greatly alarmed by the baseball scandal Philadelphia, April 25, 1952. his country well in this crucial hour. which made Judge Landis the czar of that Hon. PATRYCK A. McCARRAN, We offer this testimonial for your consid pastime, do hope that your committee will Chairman, Senate Judiciary Committee# eration, for the man we know, for the wel say it isn't so. Senate Office Bui ldi ng, fare of our country. Otherwise we .will be greatly alarmed be Washington, D. 0. Respectfully yours, cause, as laymen, we probably wlll not be MY DEAR SENATOR McCARRAN: The omcers EDWARD M. WALSH. able to understand why the Senate con and executive committee of the Society of DENNIS 8. WELSH. firmed his appointment to two high offices, the Friendly Sons of Ct. Patrick for the Relief SmNEY B. BARNES. each of which implied a knowledge of law of Emigrants from Ireland met on Tuesday JOHN ST. JOHN. in the incumbent. April 22, 1952, and unanimously adopted a As a. layman I can, however, testify to his resolution urging confirmation by the United ST. PATRICK'S RECI'ORY, reputation in his own city as a God-fearing States Senate of President Truman's nomi Philadelphia, Pa., April 6, 1952. citizen; a splendid example to all as a family nation of Hon. James P. McGranery to be The Honorable PAT McCARRAN, man; a man whose conscience is his guide. Attorney General of the United States,. for United States Senate Building, Advocates of the American way of life the reasons stated hereafter. Washington, D. C. and our American system of free private, Our society, established in 1771, numbers MY DEAR SENATOR: In today's New York competitive enterprise, can point to him as among its members men of different reli Herald Tribune, a front page article by James another who has demonstrated that the in• gious faiths and political amliations; as a.n. · E. Warner states that there seems to be some dividual liberty guaranteed all of us by our organization we take no part in partisan pol hesitation on your part regarding your en Constitution and its amendments, and par• itics. We do feel a justifiable pride in the dorsement of James P. McGranery for the ticularly the first 10, give us all the ·oppor fact that one of our members has been se office of Attorney General of the United tunity to develop our Gad-given talents to lected by the President to fill one of the States. The article hints at your calling on the best of our abilities. highest offices and assume one of the great the FBI for information as to the quali:fica All history, however, tells me that Chief est responsibilities in our Nation's Govern tions of the judge, his :fitness for omce, etc. Justice 'raney was right. No emerg~ncy, ment. Judge McGranery does not know that I however great, would justify any branch of However, we do not ask the United State·s am writing you. He is away for the week Government from exceeding its constitu· Senate to consider our pride, but to consider end at Malvern on Retreat, and, I believe, tional powers. None has inherent powers. the man. Judge McGranery was born in our were he at home he would request me not If we all thought a bit more of that "lost city and has spent his whole life here. Very to write. But if Mr. Warner is correct in knowledge" which, under the guidance of nearly all of his mature life has been spent his assumption that you are seeking knowl Divine Providence, prompted them (the in public service. A man in public service edge of the judge, I, as his pastor, am able founding fathers) to come up with that sys makes a public record and we feel that the and willing to furnish same. For many years tem of checks and balances which no other record speaks eloquently of his integrity, he has resided with his family in this parish. group of men in the history of the world ability, and sincerity of purpose. He is regarded by priests and people as a ever had been privileged to devise, I think The legions of his friends in his home town man of the highest integrity and the very we all would agree with this view. know him for attributes that even the record soul of honor. With a.dmira.tion and a justi The Constitution is the citizens' protec does not reveal-his friendliness, his depth fied pride we have followed his career in tion against their own Government. The of human understanding, and his common public life. As Congressman, as assistant most striking evidence of this is the in· sense. No doubt every American who now to the Attorney General and as Federal judge sistence on the promise that the Bill of lives, and who has ever lived from the foun he has progressively advanced in the esti Rights would be incorporated in it before dation o.f the Republic down to the present mation of us all. Those who know him well, they would agree to its adoption. moment, feels or has felt that he lives or be they Republican or Democrat, will attest No violation of the Constitution ever lived in a critical period of the history of our that he is a fearless, courageous and emi should be permitted. country. In a way, each one is right. We nently upright public official. That way lies dictatorship. are a growing Nation and each era presents I hope that you will not be offended by · I am convinced that the President acted its own crisis. Friendliness and human un my writing you. I have not had the pleas with the best of intentions in ordering the derstanding and common sense have always ure of meeting you, but J; have known of seizure of the steel mills by the Govern been needed in Government and are needed you and have admired you for many years. ment. now, in th.is era when we have had thrust We need more men of your caliber in Wash The inherent dangers to our liberties in upon us the leadership of the nations of the ington; men who have pride of ancestry, his doctrine, however, of the inherent powers world that aspire to freedom. men whose souls are not for sale to the of the Chief Executive are so obvious to any Judge McGranery is admirably fitted for highest bidder, men of principle who regard student of history and particularly of the the attorney genera1ship of the United public office as a sacred trust. innumerable dictatorships, that it is terri States. I know Jim McGranery, I have known him fying. Sincerely, intimately for many years. I know him to Laymen like myself accepted John Mar• HENRY S. MCCAFFREY, be a scrupulously conscientious man, a man shall's view that the Supreme Court should Secretary. that abhors dishQnesty in any form, a man be the interpreter of the constitutionality of that is 100 percent American in the best all laws. Instinctively they knew that "The THE .AMERICAN CONGRESS FOR CIVIC meaning of the term. In other words, I am father of his country," George Washington, SOCIAL AND INDUSTRIAL ACHIEVEMENT, trying to say that Jim McGranery is the high was right when he spoke of the tendency to Philadelphia, Pa., ApriZ 29, 1952. type of public official that I have always be ursupation which is inherent in human na• The Honorable PAT MCCARRAN, lieved you to be. This is why I have ven ture. Chairman, Senate Judiciary Committee, tured to write you anent the article in the That same instinct accounts for the ab· Washington, D. C. Herald Tribune. I should like, in common sence of "fuss and feathers," in the adop DEAR Sm: It is with a deep sense of duty with all decent Americans, to restore con tion of the "No Third Term for Our Presi and service to our country, that we address fidence in the processes of our Government, dents" amendment. this communication to your committee, be to expose the unworthy and bar them from Judge McGranery, however, will be an able fore which the subject of the approval of the office, and to place in responsible positions, and conscientious Attorney General. On appointment of Hon. Judge James P. Mc especially at the top levels, men who will inherent powers he will be guided by his Granery to the office of Attorney General not sell their honor for a mess of pottage. path of office, which means that he will be Thanking you, my dear Sena.tor, for your guided by the decision of the Supreme Court. of the United States, will soon be discussed. Sincerely, For 20 years this organization has honored gracious consideration of this letter, I have the honor to be, M.A. KELLY. individuals for distinguished service to our P. S.-1 am a registered Republican. community, and for that period of time, Yours respectfully, Rev. JAMES J. VALLELY, Rector. Aged 69. Temporarily retired because o! a Judge McGrAnery has acted as our chairman. bout with virus X 16 months ago. · We, therefore, have come to know him well. M. A.K. We have followed his career as Congress PHILADELPHIA, PA., May 8, 1952. man, Assistant Attorney General and Federal Hon. PAT McCARRAN, Mr. McCARRAN. Mr. President, I judge of our district, omces which have in Chairman, Judiciary Committee, shall touch very lightly on some of the creased his wisdom and understanding. United States Senate, points rai&ed by the able Senator from Our 9eep respect and admiration for the Washington, D. 0. Michigan. I wish to deal with the so just manner with which he cared for his DEAR MR. CHAIRMAN: When Hon. Richard assignments, have increased with the passing son Dilworth, district attorney of Philadel called Mccann case in New York City, years. phia, tried to have your distinguished com with respect to which it is stated, in sub We know the present complex problems mittee think of Judge James P. McGranery stance, that Mr. McGranery, as assist before the Attorney General's office. We as "necessity" because he knows no law, we ant to the Attorney General, refused to have faith that the i:ight man has been laymen do not feel competent to pass upon allow the grand jury to have a special chosen to face them. the value of his testimony. counsel. 1952 CONGRESSIONAL RECORD_:_ SENATE 5547 During the course of the hearings on In one of these habeas corpus actions, the administration of justice. In re the nomination of Judge McGranery to United States ex rel. Mccann v. Adams versing the conviction, however, Judge be Attorney General, the question was <126 F. 2d 774), the court of appeals held Learned Hand made the following com raised by a member of the Senate Com that Mccann, not being a lawyer, should ment about McCann's conduct-Mccann mittee on the Judiciary as to whether not have been permitted to waive a jury v. New York Stock Exchange <80 F. 2d Judge McGranery had blocked a grand trial, and he was freed from prison. The 211, 212): jury investigation in the Southern Dis Supreme Court reversed this decision, He has sued the New York Stock Exchange, trict of New York in 1945 during his however, in United States ex rel. Mccann the Curb Exchange, and over 600 other de tenure as the Assistant to the Attorney v. Adams <320 U.S. 220), and after being fendants to recover damages for a conspiracy General in the Department of Justice. at liberty for almost 1 year Mccann was under the Anti-Trust Acts; the action is at As Judge McGranery pointed out, and returned to jail. Although the time for. issue in the District Court. Meanwhile he as the Departmental file in the matter doing so was extended again and again, has kept up a sporadic fusillade of broad sides sent to all members of the exchange, of which has been made a part of the record Mccann failed to perfect his record on whom many are defendants, abusing the substantiates, he did not block the grand appeal and on October 11, 1945, the ap exchange and its officers, the Better Busi jury investigation, but merely refused peal was finally dismissed, after which ness Bureau, a defendant, and some of the to have the then United States attorney, he formally entered upon service of his attorneys retained to defend the action. John F. McGohey, n-0w United States sentence. He remained at the Federal district judge for the Southern District detention quarters in New York City As an index to McCann's litigious dis of New York, superseded by appointing until March 27, 1946, when, there being position, between 1946 and 1948 he filed a special assistant to the Attorney Gen no pending litigation requiring his pres six petitions for certiorari in the Su eral in place of Mr. McGohey as counsel ence in New York, Mccann was trans preme Court, all of which were denied. to the grand jury. The decision was ferred to the Lewisburg Penitentiary. Mccann is regarded as a psychotic, reached after an examination of the Because of his perverse behavior, he was which may largely account for his facts and discussion of the matter with removed on August 9, 1946, to the medi actions. the court, the United States attorney, cal center for Federal prisoners at The whole situation in that case was and the foreman of the grand jury. The Springfield, Mo. He was conditionally that Mccann has accused the office of grand jury investigation was predicated released from prison on April 7, 1950. the district attorney of wrongdoing, and on allegations of one Gene Mccann, and Subsequently Mccann claimed that his the district attorney said, "If that is to although this was not the controlling conviction was obtained by fraud and be investigated, my office cannot investi factor in making the decision of refus gate it." It was submitted to the district asked that the Government confess judge, Judge Coxe, and to other district ing to supersede United States Attorney error, consent to vacating the judgment McGohey, the background of Mr. Mc court judges. It was concluded that and suspended, 1 year probation, $100 fine, to be (Biggs, chief judge; Goodrich and Ka.lodner, amendment of statute. "The court below paid as condition of probation within 6 C. J.; opinion by Kalodner, C. J.) Held, regarded the violation of the statute as a. months; Lambert, suspended sentence, 1 year reversed: (1) Summary of evidence as to pas technical violation only." (Statute in force probation, $150 fine to be pa.id within 6 sage under bridge was one-sided, narrowed at deceased's death forbade assignment, was months as condition of probation. several possibllities in defendant's favor; (2) later amended.) 2. United States ex rel. Trinler v. Carusi rejection of evidence of marital status of 11. United States v. Venuto (182 F. 2d 519) (166 F. 2d 457 (1948) ). Abram Orlow for ap- decedent and her husband was· erroneous (it 1s summarized later in this memorandum. pellant; Maurice A. Roberts for appellee. affected d!lmages). 12. Girard Trust Company v. United States (Goodrich, McLaughlin, and O'Connell, cir- 7. United States v. AleH and Lembo (170 F. (182 F. 2d 921 (1950)). George Craven for cuit judges-opinion by Goodrich.) Alien 2d 18 (1948)). Wilfred Lorry for appellant appellants; Phllip Miller for appellee. admitted as "treaty merchant" was made sub- Aleli; Brewster Rhoads for appellant Lembo; (Biggs, chief judge; Goodrich and Hastie, ject of deportation order; sued for review • E. A. Kallick for appellee. (Biggs, Chief circuit Judges-opinion by Hastie, circuit of the order. District court dismissed Judge; McLaughlin, Kalodner, Circuit Judge) . Executors sued to recover alleged petition. Held, Admlnistrative Procedure Judges). Opinion by Kalodner, J. Regis overpayment of income taxes wherein de Act entitled defendant to jucllcial review trant, Lembo, convicted of failure to notify fendant filed a counterclaim. District court after promulgation of order and before he local board he had left war work and gone rendered adverse judgment on principal has been taken into custody. Reversed and back to beer distributing business; Aleli, on claim and counterclaim, denying refund and remanded. theory that as employer he had failed to allowing additional tax. Held, undistributed Subsequent opinion, 168 F. 2d 1014, the notify board of such change. Held: (1) Aleli profits of partnership paid to executors at court of appeals vacated its judgment and not employer; just an employee, albeit "a end of partnership's fiscal year, more than remanded to the district court with direc- most vital" one. (2) Trial Court's attitude ha.If year after partner's death were taxable tion to dismiss the cause as abated: timely prejudiced the jury: judgment of acquittal as income of estate of deceased partner. substitution of new commissioner bad not for Aleli; new trial for Lembo. (p. 20): "The 13. Garrett v. Faust (183 F. 2d 625 (1950), been made. record indicates that the distaste of the trial certiorari denied 340 U.S. 931, rehearing de 3. United States v. Ward, Cipullo, and judge for the alleged offenses unfortunately nied 341 U. S. 917). Cornelius C. O'Brien, Hogan (168 F. 2d 226). John M. Smith, evidenced itself in his questions and com for appellant; Arthur H. Bartelt, for appel Jr., for appellant Ward; Henry Weiss for ment. This did result, we think, in sub lee. (Maris, Goodrich, and Hastie, circuit appella.nt Cipullo; John W. Bohlen for ap- stantial harm to the defendants. It would Judges-opinion by Maris, J.) Turkey farm pellant Hogan; Asher W. Schwartz for re- serve no useful purpose to go over the inci ers sued hatchery and Railway Express for spondent. (Goodrich, McLaughlin, and dents in detail. Our independent examina breach of a contract to buy turkey eggs, and O'Connell, circuit judges-opinion by Good- tion of the record satisfies us that their for fraud. Held: ( 1) no evidence to show rich, c. J.) Held: (1) Conviction of Hogan cumulative effect was serious." fraud, or even that statements relied upon reversed, since only witness against him has 8. United States v. Curzio (170 F. 2d 354 since testified in another proceeding that ( 1948) ) . John M. Smith, Jr., for appellant; were untrue. No liability for fraud or breach what he said herein was false; (2) trial Walter A. Gay, Jr., for appellee (Biggs, Chief of contract except failure to pay in full for court improperly commented on failure of Judge; McLaughlin and O'Connell, Circuit eggs delivered; as due as purchase price will Ward and Cipullo to take stand, allowing Judges.) Opinion by O'Connell, Jr. Curzio stand; ( 3) trial judge's taking over exami jury to consider it along with prosecution's and three others were indicted on a charge nation of witness upheld. "Counsel for the testimony upon the question of the defend- of conspiracy to commit offenses against the plaintiffs was obviously unfamiliar with tria.1 ant's guilt; (3) trial court lost sight of fact United States by unlawfully possessing and practice in the district court." Trial Judge that substantive charges only, not conspir- transferril1g counterfeited gasoline, meats was endeavoring "to assist in the orderly acy, were involved; (4) tria.1 court seemed fats, and shoe ration stamps and coupons. development of the facts in the case" (p. 629). to imply partnership in civll matters car- Trial Court directed verdict o! not guilty as 14. In re Kellett Aircraft Corp. (186 F. 2d ried criminal partnership; (5) there were to all four defendants, hold1ng no conspiracy, 197 (1950)). Harry Shapiro for appellant; unfortunate departures from ca.Im and im- merely isolated acts. Defendant Curzio also Robert S. Ingersoll, Jr., for appellee. (Biggs, partiallty, court's emotions were rather indicted on four counts, substantive offenses Chief Judge; Kalodner and Hastie, Circuit deeply stirred. as to gasoline, shoe, meats-fats coupons Judges-opinion by Hastie, C. J.) Claim NOTE.-Cipullo pleaded guilty on counts (possession; possessi<>n with intent to presented in corporate reorganization pro 2-8 on September 21, 1948; Judge Caney gave utter). Found guilty on last two counts. ceedings. Amount claimed was disallowed. him 6 months. (He had given Hogan 3 Held: (1) acquittal on conspiracy charge not Issue: Whether buyer's selection of higher months.) Ward, on January 7, 1949, was res judicata on substantive offenses; (2) of two bidders to perform a contract breached. found guilty on counts 2-8 with recom- "possession" not clearly defined-stamps not by seller was consistent with duty to mini mendation o! mercy. Sentenced to 2 years, on person, but in locked closet of room de- mize damages caused by seller's default. 6 months, on count 2; same term on counts fendant rented; (3) caution: Trial Judge Held, No. Prudent business judgment was 3-8, to run concurrently. (Judge Kirkpat- should be more emphatic that final deter exercised, under the circumstances. Success rick.) Court of appeals mandate affirming mination of !acts rests with jury. McLaugh- ful bidder would get on with job at once received on July 26, 1949. lin, C. J., dissented. (other couldn't); performance on previous 4. United States v. Stiles (169 P. 2d 455 NoTE.-Curzio was convicted before Judge occasions had proved satisfactory; had at (1948)). Hayden Covington for appellant; Paul on June 8, 1949. One year on count 3, hand adequate tools. Reversed and re E. A. Kallick for appellee. (Maris, Good- 2 years on count 4, to run consecutively. ma.ncied. rich, and O'Connell-circuit judges-opin- April 18, 1950, mandate affirming conviction 15. Halcyon Lines v. Haenn Ship Corp. ion by Maris, J.) Held, judgment of acquit- received from Court of Appeals. (From (342 U. S. 282 (1952)). Joseph Henderson tal should have been entered. Defendant docket entries.) for Halcyon; Thomas E. Byrne, Jr., for Haenn. was entitled to set up as defense invalidity 9. United States v. Stefandowicz (177 F. Halcyon hired Haenn to repair its ship, of order of induction. A local board must 2d 189 (1949)). Samule Rose for appellant; moored in navigable waters. Baccile, a. classify registrant anew after p_ersonal ap- Thomas J. Curtin for United States (Biggs, Haenn employee, was injured aboard ship pearance before it, even though he presents chief judge; McLaughlin and O'Connell, cir while engaged in repairs. He sued Halcyon; no new information on appearance. Trial cult judges; opinion by Biggs, chief judge) . Halcyon brought in Haenn as a third-party court took view that new classification was Defendant was found ,guilty in respect to defendant. By agreement of all parties, required only if new information presented, counts charging willful and unlawful trans· $65,000 judgment was rendered for Baccile relying on statement in opinion of U. S. v. fer of counterfeited ration stamps; not guilty and paid by Halcyon. Over Haenn 's protest, Zieber (3 Cir., 161 F. 2d 90, 92). After tria.1 as to counts charging passing of ration cur District judge allowed introduction of evi below, that sentence was amended out. "It rency in an illegal manner or of selling sugar dence tending to show the relative degree of certainly indicates, however, that there was at a price above ceiling price. Held: judg fault of the two parties. Jury returned spe basis for the action which the trial judge ment of conviction reversed; judgment of cial verdict finding Haenn 75 percent and took at the time when he took it" (p. 457). acquittal to be entered. No connection was Halcyon 25 percent responsible. District 5. Doreau v. Marshall (170 F. 2d 721 established between stamps illegally sold by judge refused to follow this, believing there (1948)). W. H. S. Wells and Maurice B. defendant to one O'Neill and the counter was a general rule governing maritime torts Saul for appellant; James P. McCormick for felt stamps which O'Neill had used to pur like this under which each joint tort-feasor appeli.ee. . (McLaughlin, O'Connell, circuit chase sugar and which were offered in evi must pay half the damages. Gave judgment judges, and Leahy, district judge; opinion dence. Court admits (p. 191): "There is accordingly. by McLaughlin, c. J.) Appellant sued un- strong probability that Stefanowicz was Court of appeals agreed right of contribu der Nationality Act of 1940 for a judgment guilty." declaring her to be a national of the United 10. Licznerski v. U. S. et al. (180 F. 2d 862 tion existed, but held it could not exceed States. The complaint ·:vas dismissed with (1950), certiorari denied 339 U.S. 987). Leon amount Haenn would have been compelled prejudice. Held, reversed, and remanded. Rosenfeld for appellant; Norman Abraham to pay Baccile had he sought compensation Essence of expatriation is that it be invol- son for appellees. (Biggs, chief judge; Maris under Longshoremen's Act. untary. Naturalization as French citizen was and Kalodner, circuit judges; opinion by Held, reversed. Remanded to distrie1; not voluntary. O'Connell, J., dissented. Biggs, circuit judge.) Held: agreement by court with instructions to dismiss contribu 6. McGlothan v. Pennsylvania R. Co. (170 deceased soldier's mother to assign her in- tion proceedings against Haenn. It 1s func F. 2d 121 (1948)). Owen B. Rhoads for ap- terest in deceased's national service life pol tion of Congress to set contribution rule in . pellant; Donald J. Farage for · appellee. icy was void, not validated by subsequent noncollision cases. 1952 CONGRESSIONAL RECORD - SENATE 5549 Reed and Burton, J. J., would reverse with show that Judge McGranery was not Mr. FERGUSON. So the appellate directions to district court to apply the overlooking any well-settled point of law 50-50 rule it first proposed. court held that the trial judge had vio 16. Lipscomb v. Groves et al. (187 F. 2d or flying in the face of precedent when lated the sixth amendment to the Con 40) -see· notes under Affirmance Discussion. he made his ruling: stitution. Uni ted States v. Venuto (182 F. 2d 519). The Federal constitutional right to be rep Mr. McCARRAN. However, the Fifth (C. A. 3, May 29, 1950, Biggs, Hastie, Lederle resented by counsel in State prosecutions is Circuit Court held the other way. (D. J .); John M. Smith for appellant.) De a result of the application of the sixth Mr. President, at this time I shall feat and evade case under Twenty-sixth amendment to the States through the four United St ates Code, section 145 (b). teenth amendment, and is limited to those read a letter which has been received Alleged errors: ( 1) failed to establish tax accused of a capital offense or in noncapital from the attorney for Joseph Venuto: deficiency beyond reasonable doubt; (2) de offenses to situations where the lack of repre PHILADELPIDA, PA., May 12, 1952. fendant was deprived of constitutional right sentations would result in a particular un JUDICIARY COMMITTEE, to consult with counsel during trial; (3) trial fairness to the accused. But the right to United States Senate, court erred in admission of evidence, in re counsel in Federal courts is guaranteed di Washington, D. C. strict ing closed arguments, and in charge to rectly by the sixth amendment and is abso (Attention: Hon. PAT A. McCARRAN, jury. lute unless competently and int elligently chairman.) Lederle, D. J.: Proof would support verdict waived. It has been recognized by numerous DEAR SENATOR McCARRAN: The undersigned, of substantial tax deficiency knowingly and State and Federal courts that "to have the a member of the Philadelphia bar for more willfully sought to be evaded. Trial court assistance of counsel" means more than than 30 years, feels impelled to address your counsel and accused not to consult together mere appointment of counsel before trial. committee in connection with the pending during 18-hour overnight recess; likewise The question under consideration in the consideration of Judge James P. McGranery during short recess. "To deprive an accused Venuto case, however, is not the right of for confirmation to the post of Attorney defendant and his counsel of the right to communication before trial, but that right General of the United States. consult with each other during an 18-hour during the trial, and appears to be one of He does so first as a citizen and a member court recess was most certainly deprivation first impression in Federal prosecutions. of the same profession, and secondly, as an of the defendant's constitutional right to attorney who became counsel for Joseph consult counsel at all stages of the proceed In other words, what happened was Venuto, a defendant in one of the cases ing" (p. 522) (sixth amendment). Exact this: The defendant was on the stand. which, according to the public press, was amount of resultant prejudice need not be The direct examination was completed. cited to your committee as an evidence of shown. Mistrial should have been granted. He was submitted for cross-examination. "incompetence, judicial arrogance, and ter Defendant should have been allowed to In the course of cross-examination, and roristic conduct" on the part of the nominee argue that accountant Grun had not been while the defendant was on the stand in cases wherein he presided as a United called to corroborate because of hostility over States district judge. accusation of defalc~, tion. Held, error to under cross-examination, a recess of the court occurred. He was then admon The writer has been an assistant United strike and restrain that argument. States attorney in the eastern district of Net worth statement should have been ished by the judge not to confer until stricken, since liability data was not avail Pennsylvania (1926 to 1928, inclusive), and he had returned into court. Mr. Presi has conducted an active law practice, during able. Court should not have allowed later dent, there is nothing novel about that the course of which he appeared on a num references to it. And charge, statement was situation. There may be a difference of legally defective if you so find "further ber of occasions before Judge McGranery as clouded" by making jurors finders of law. opm10n. There could be rightfully a trial counsel for litigants, or had profes Held, reversed, and remanded for new difference of opinion. In other words, it sional contacts with Mr. McGranery when he trial. might be said that he was entitled to the did not hold judicial office. These contacts, Approved in Coplon v. United States ((CA benefit of counsel at all times. together with a necessarily wide acquaint DC), 191 F. 2d 749, 758). ance with the membership of the Philadel Yet when a defendant is under cross phia bar have afforded ample opportunity for Mr. McFARLAND. Mr. President, will examination in a criminal case, a differ arriving at a fair appraisal of the nominee's the Senator yield? ent consideration comes into play and character, reputation in the community, and Mr. McCARRAN. I yield. the possibility of a difference of opinion at the bar and knowledge of the nominee's Mr. McFARLAND. The Senator has regarding what should be the ruling of personal characteristics. On the basis of a been on the bench himself. Did he ever the court. judgment so drawn and in the light of the Mr. WELKER. Mr. President, will the unfair imputations made by several members know of a judge who had not been re of the Philadelphia bar, one of whom is a versed sometimes if he sat on a bench for Senator from Nevada yield to me at this local county officer, and both of whom, either any length of time? time? apparently had some personal ax to grind or Mr. McCARRAN. I have never known Mr. McCARRAN. I yield. found in your committee hearing an oppor of any judge who was not reversed at Mr. WELKER. I wish to pursue a tunity for some free and (to them) desir some time during his career. In fact, little further that train of thought. able publicity; a sense of fairness and a de some of the judges are reversed quite Could not it well be said that perhaps sire to see the Nation profit by the acquisi frequently. I recall that when I first the defendant should be permitted to tion of a highly competent and completely leave the witness stand and confer with trustworthy public servant, requires that this went on the court of last resort in my letter be written. State there was a judge whose decisions his counsel during the interrogation? In his professional life, James P. McGran seemed to fall to my lot to review. We Mr. McCARRAN. That is what I have ery was distinguish.ed by a universally had to reverse him almost continuously. thought as I listened to this presentation. accepted competence in his knowledge and His clerk said to me one time, "You had Mr. WELKER. Is it not likely that application of the law; by a trustworthiness better not come back to Reno any more it would be unfortunate for the def end and reliability which met the highest ethical if you keep on reversing my boss, because ant to happen to finish his testimony standards of the profession and by a gener before the taking of a recess or an ad .. osity and kindliness which stemmed from your life will not be very safe around a high concept of personal and professional here.·• Of course, that was said face journment of the court? In that case morality. As a judge, these characteristics tiously. the defendant would not have an oppor were still part of his make-up and in addi That is the case in many instances. tunity to confer with his counsel during tion thereto, there became evidence his high With regard to the reversal of Judge the course of his testimony, whereas if sense of patriotism and a determination that McGranery in some of these cases, I shall the examination happened to be long litigants and their counsel be accorded ample deal with them rather hastily. In one enough to last until the following day, latitude to plead their causes in such fashion the defendant thus would be able to as to develop facts and have the law applied case he said to the jury that they must to them impartially and without judicial convict all three defendants then on trial profit by being able to confer with his interference. As a corollary to this attitude or acquit all three defendants together. counsel during the recess. on the part of Judge McGranery it was also When his attention was drawn to his Mr. McCARRAN. I realize that that promptly made clear to the bar that he was error he corrected the error in the pres is the situation. presiding in trials designed to do justice, ence of the jury. They had the correc Mr. FERGUSON. Mr. President, will and that he would not tolerate any action or tion when they retired. the Senator from Nevada yield to me? activities which would lead to any other In the Venuto case the note in the Mr. McCARRAN. I yield. result. The individuals who transgressed Mr. FERGUSON. Did not the appel.. the rules of orderly trial procedure were Federal Reporter states that the Venuto quickly made to understand that such trans case was a case of first impression in the late court hold that error was commit.. gression would not be permitted. This, in Federal courts. It approves the holding ted and reverse the lower court's deci all probability, offended the ego of a few of the court of appeals, but contains the sion? trial counsel who for one reason or another following language, which is helpful to Mr. McCARRAN. Yes. found such courtroom discipline not to their 5550 CONGRESSIONAL RECORD - SENATE May 20 liking. It is submitted, however, that such claim was beyond the jurisdictional limit of in favor of the plaintiff. We agree with the a judicial attitude was precisely what the the court and (2) the complaint did not district court, for the reasons stated in the citizens of this Nation had a right to expect state claim upon which relief could be opinion of Judge McGranery denying the de since it as much as any other aspect of granted against defendant. Trial court dis fendant's motion for a new trial (82 F. Supp. judicial conduct, guarantees the true admin missed on ground that action for breach of 54), that the evidence was suftlc;ent. The istration of justice. contract could not be spelled out of com judgment of the district court wm be af With specific reference to the case of pelling plaintiff to proceed with the other firmed." United States of America v. Joseph Venuto, construction while the plumbing litigation 8. Kwasizur v. Cardillo (175 F. 2d 235 No. 14668, March term, 1948, it should be was pending. Court of appeals ( 1) agrees (1949), certiorari denied 338 U.S. 880). Her known that Joseph Venuto, the defendant, With trial court that as to agency defend man Fuiman for appellant; James P. Mc was a slaughterer who was illiterate, being ants, plaintiff did not have to depend upon Cormick for appellees. (Biggs, chief judge; able only to write his name; that he filed Tucker Act for jurisdiction, consequently Goodrich and Kalodner, circuit judges income tax returns on the basis of which $10,000 limitation therein inapplicable; (2) opinion by Goodrich, J.) Brought under he was charged with the evasion of some holds that motion to dismiss as to United Longshoremen's and Harbor Workers' Com $34,000 in taxes for the calendar years 1942 States on ground of lack of jurisdiction pensa1 ·on Act for injury to intestate; Judge to 1945, inclusive. He was brought to trial should have been granted-United States did McGranery, on reargument, set aside visit on March 7, 1949, and in a trial which lasted not consent to suit, plaintiff cannot base ing judge's view and reinstated order of through March 10, 1949, the jury arrived at consent on Tucker Act since it does not rest Commissioner deciding adversely to claim a verdict of "guilty." An appeal was taken thereon; (3) affirms dismissal since contract ant. No comment by court of appeals; sim from the judgment entered on this verdict clause specifically ordered stoppage of part ply reviews evidence. which appeal was disposed of by a reversal of work affected where city or utility lines 9. United States v. The Dump Scows ( 175 of the judgment and a remanding of the refuses connections. F. 2d 556 (1949), certiorari denied 338 U.S. case for retrial. It was subsequent to the 4. In re Kellett Aircraft Corporation (173 8'(1). S. B. Fortenbaugh, Jr., for appellants, grant of the new trial that the defendant, F. 2d 689 (1949)) (Biggs, chief judge; Mc Dump Scows; Joseph Henderson for appel Venuto, dismissed counsel who had tried the Laughlin, Kalodner, circuit judges. Opinion lants, tug James N. Knipe and another; Max case and retained the writer. After a study by McLaughlin, judge; J. J. Brown for appel Taylor, Washington, D. C., for appellee. of the record of trial, together with an ex lant; Charles A. Wolfe for appellee). Court of (Biggs, chief judge; McLaughlin and O'Con amination of such records as the defendant appeals holds that the parties voided con nell, circuit judges, per curiam.) "We have had and discussions with the defendant, it tract of April 1946, by agreement the follow given careful consideration to the questions was my conclusion that the defendant was ing October. Referring to trial court's hold presented by the appeals in the instant cases clearly guilty as charged, although there ing that clause conferring leasing rights "on and have examined the authorities cited by were mitigating circumstances which could a basis to be determined" was severable, the the parties. Since the cases are in admiralty probably be presented to the court for con court of appeals states: "There is ample our consideration is of course de novo. Our sideration on imposing sentence. I, there evidence to justify that factual finding." conclusions, however, are the same as those fore, advised the defendant to enter a plea of At 173 F. 2d 695, in denying petition for expressed by Judge McGranery in his clear nolo contendere when the case was called for rehearing, court made plain that affi.rmance opinion (77 F. Supp. 264, sub. nom.) The trial (which plea in Pennsylvania is tanta was without prejudice to whatever rights, if Norwich Victory). mount to a plea of guilty), and he accepted any, appellant Coldaire might have with re "Accordingly the degree of the court be my advice and did so, being sentenced there spect to disaffirmance of October contract by low will be affirmed in all respects." upon to a term of imprisonment and a fine. trustees. 10. Bakery & Confectionery W. I. lT. v. Na The writer feels that while the foregoing 5. Bonsall v. Pennsylvania Railroad Com tional Biscuit Co. ( 177 F. 2d 684 ( 1949) ) • has been rather lengthy, it should neverthe pany (173 F. 2d 223). Philip Price for ap Charles J. Biddle for appellee; Edward Davis less be brought to your attention for con pellant; Joseph Lord III for appellee (Biggs, for appellant. (Goodrich, McLaughlin and sideration and use in any debate which may chief judge; Maris and O'Connell, circuit O'Connell, circuit judges-opinion by O'Con precede final action by the Senate on Judge judges). Per curiam. "The appellant has nell, J.) By union, against company, on be McGranery's nomination. endeavored to set up numerous grounds for half of employees compulsorily retired un Respectfully yours, reversal and has urged each of them vigor der retirement plan. Union claimed breach CLAUDE 0. LANCIANO. ously on this court. We have considered of contract, arguing that compulsory retire Mr. President, a review of the cases in them carefully and can find no adequate ba ment was a "lay-off." Relied on lay-off sis for setting aside the judgment of the article. Court of appeals really takes last of which Judge McGranery's decisions were court below. three reasons given by Judge McGranery, ex affirmed by the court of appeals is, in "Accordingly the judgment will be af pands it, relies on it. States at one point my judgment, worthy of a place in the firmed." (p. 687): RECORD. Therefore I ask unanimous 6. Gibson v. International Freighting Cor "The district judge, granting a judgment consent that a memorandum or review of poration (173 F. 2d 591 (1949); certiorari de on the pleadings in favor of defendant, found the instances in which Judge McGran nied, 338 U. S. 832). Abraham E. Freedman three cogent reasons for his conclusion: (1) ery's decisions have been affirmed by the and William M. Alper for Gibson; Thomas the inconsistency of such interpretation with court of appeals may be printed at this E. Byrne, Jr., and Rowland C. Evans, Jr., for the assertion of the company throughout, that the plan was a prerogative of manage• point in the RECORD, as a part of my re Freighting. (Goodrich, McLaughlin, and O'Connell, circuit judges-opinion by Mc ment; (2) the lack on an explicit reference marks. Laughlin, C. J.) Personal injury action by to the plan in the 1947 contract; and (3) There being no objection,· the memo seaman against general agent of ship. Judg 'This phraseology (of the article) would not randum was ordered to be printed in the ment for defendant. Plaintiff appeals. De ordinarily encompass this kind of permanent RECORD, as follows: fendant cross-appeals from order requiring separation from the employ of the com REVIEW OF JUDGE McGRANERY's AFFmMANCES defendant to pay to plaintiff the expenses of pany.'" BY THE COURT OF APPEALS taking a defense deposition. Judgment and 11. Robak v. Pennsylvania R. Co. (178 F. 1. Hassenplug v. Victor Lynn Lines, Inc .• order affirmed. Pertinent comments by the 2d. 485) . Fully treated later in this memo Appellant (163 F. 2d 828 (1947)). R. A. court of appeals are: "We are satisfied that randum. White for appellant; Russell Cooney for ap the district court in refusing to grant a new 12. Podovinnikoff v. Miller (179 F. 2d 937 pellee. Per curiam. (Biggs, Albert L. Ste trial because of the offer of the testimony of (1950)). William Cohen for petitioner: phens, Maris, circuit judges): "The judg Messrs. Scott and Clayton did not abuse its James P. McCormick (G. A. Gleeson, F. W. ment of the court below will be affirmed on discretion. Braden on the brief) for respondents. the opinion of Judge McGranery, 71 F. Supp. "Appellant asserts that the district judge (Goodrich, McLaughlin, Hastie, circuit 70." . in his charge based liability on negligence judges-opinion by Goodrich, circuit 2. McDonald v. Dykes and Victor-Lynn alone thus precluding recovery for unsea judge.) Petitioner sought review of de Lines, Inc., Defendants and Third-Party worthiness; he also says that one of the de portation order, relying on Administrative Plaintiffs, Appellants (William J. O'Brien, fendant-appellee's points for charge which Procedure Act. Petition was dismissed by Third-Party Defendants, Appellee) (163 F. 2d was affirmed and read to the jury, gave the district court. Atnrmed. Held: ( 1) District 828 (1947)). R. A. White for appellants; latter an incorrect definition of unseaworthi court was "in error" when it held that it Harold S. Baile (Pepper, Bodine & Stokes on ness. A careful examination of the whole had no jurisdiction; (2) court also dismissed the brief) for Appellee O'Brien; William P. charge shows that there was no substantial for lack of jurisdiction over indispensable Desmond for Appellee McDonald. Per curiam. error involved in connection with either of parties--ln this, it was "partially correct." (Biggs, Albert L. Stephens, Ma.ris, circuit these items." · 1a. SklarojJ and Granoff v. PennsylvaniCI Judges): "The judgment of the court below 7. Michael v. Reading Company (174 F. 2d Railroad Company (184 F. 2d 575 (1950) ). will be affirmed on the opinion of Judge Mc 828 ( 1949) ) . Henry R. Heebner for appel Leonard L. Creskotf for appellants; J. Peter Granery, 6 F. R. D. 569." lant; Gordon H. Mahley for appellee. (Maris. Williams for appellee. (Biggs, chief judge; 3. George H. Evans & Co. v. United States Goodrich, and McLaughlin, circuit judges) Kalodner and Hastie.) Per curiam. "The et al. (169 F. 2d 500 (1948)). (Biggs, O'Con per curiam. "The sole question raised by issues presented by the appeal at bar are nell, Kalodner, circuit judges--opinion by the appellant in this case ls whether there completely covered by the opinion of Judge O'Connell, J.) Defendant, in trial court, was sufficient evidence of the defendant's McGranery filed in the court below (90 F. moved to dismiss on grounds that: (1) the negligence to support the verdict of the jury Supp. 961), and by that of Judge Parker in 1952 . CONGRESSIONAL RECORD- SENATE 5551 Alwine v. Pennsylvania R. Co. ( 141 Pa. Super. of their vessel. Held also : ( 1 ) Error not to and suffering. Then he charged on the ef 558, 15 A. 2d 507). Nothing more need be strike answer of doctor to hypothetical ques fect of contributory negligence under the said. Accordingly the judgment appealed tion since in answering he relied on vitally statute. This covered the case." from will be affirmed." important facts outside the scope of those (2) There was conflict as to whether plaln 14. Pennsylvania Co. for Banking & Trusts contained in hypothetical question; (2) tur was instructed not to ask for help. Trial v. United States (185 F. 2d 125 (1950) ). deposition was erroneously admitted. Re court should have so charged. But omission Elizabeth B. Davis for appellant; Philip M. manded for new trial. Maintenance and to do so did not constitute reversible error. Hammett for appellee. (Goodrich, Kalod cure phase: Affirmed. "While it would have been better to have ner, and Hastie, circuit Judges). Per 19. Petition of Therianos ( 171 F. 2d 886 stated specifically that the defendant had curiam. (1948)). Philip Dorfman for petitioners; denied the plaintiff's statement on this "This case presents the question whether Thomas F. Mount for respondent. (Biggs, point, we do not believe that the jury could United States bonds owned by a nonresident Chief Judge; Goodrich and Kalodner, Circuit possibly forget it as this was one of the main alien but physically present in this country Judges-opinion by Biggs, C. J.) Greek con points of the case." at the time of the alien's death are to be sular otncial filed petition seeking arrest and ( 3) Trial court incorrectly first left to jury included in the decedent's gross estate and imprisonment of four Greek seamen, to re the issue of notice and response thereto (1. e., subject to Federal estate tax. The district move them from vessel under Greek registry. whether lighter work was given). Trial court, folloWing the second circuit decision District court overruled exceptions, no order court corrected this, however. (Defendant in Jandorf's Estate v. Commiss~oner of In or opinion yet filed. Seamen now seek writ conceded notice.) "The correction was clear ternal Revenue (1948, 171 F. 2d 464), held of prohibition. Held, dismissed without and categorical and left the issue plain." that the bonds were not to be considered in prejudice. Only when court ls clearly with ( 4) Any error on loss of earnings was cor measuring the estate tax (D. C. E. Pa. out jurisdiction will writ issue; we cannot rected in a supplemental charge. Similarly, (1950)), 91 F. Supp. 237). say this in absence of findings of fact with defendant's objection to language on pain "We agree with the district court and respect to the exact nature of the dispute. and suffering put to one side. "But it is with the second court. The question is 20. Tye v. Hertz Drivurself (173 F. 2d 319 elementary that there ls no fixed standard a close one. All the points considered for (1949)). George E. Beechwood for appel for measuring pain and suffering and this is and against the imposition of the tax were lant; M. E. Maurer for appellee. (Biggs, what, in effect, the jury was told. Any con thoroughly considered in the second circuit Chief ....udge; McLaughlin, Kalodner, Circuit fusion there was about the duration of such opinion and, in turn, incorporated in the Judges-opinion Kalodner, C. J.) Under suffering was cleared up by a further instruc opinion of the district court. We do not Fair Labor Standards Act. Appeals prema tion given at defendant's request. think that anything we can say can add to ture since no final judgment entered. (5) "Finally, the appellant presses the the very thorough discussion which the nar 21. Chudoff v. McGranery (179 F. 2d 869 argument that the charge as a whole is row problem has already received. (1950)). Maurice Green for Chudoff; Jos slanted in favor of the plaintiff. • • • "The judgment of the district court will eph W. H€nderson for respondent; Stewart We could hardly expect one who has lost a. be affirmed.'' Lynch, amlcus curiae. (En blanc-opinion lawsuit to look at it from the same point of 15. Kane v. Union of Soviet Socialist Re by Biggs, Chief Judge.) Plea in alternative view as the victor. Several readings of the publics et al. (189 F. 2d 303 (1951) ). M. J. for writ of prohibition or mandamus to di charge as a whole cio not bear out the com Vigderman for appellant; Joseph W. Hen rect Judge McGranery to permit petitioner to plaint made against it. We think it was not derson for appellees. En blanc. Opinion by appear at bar of United States District Court shaded in either party's favor." Court then Kalodner, judge. Trial court sustained per for Eastern District Pennsylvania on behalf speaks of trial court's "gratuitous" descrip emptory exception and dismissed libel for of named defendant or any other defendant tion of Federal Employers Liability Act, but personal injuries. (Pp. 306-307: "The court and to allow him to enter plea or pleas. ends opinion thus: "It ls not without sig below cannot be said to have abused its dis Held, moot. After admission to bar of east nificance that the general objection to the cretion in view of the facts that ( 1) the ern district court, petitioner was permitted charge as a whole did not appear in points libellant was a longshoreman resident in to appear with defendant, who entered a plea. raised by the defendant for a new trial. The Philadelphia, as was the respondent Haenn, 22. Berger v. City of Philadelphia (Civil Ac impression of the charge at the time must (2) he was given ample opportunity to tion 7609). Dismissed without an opinion have been different from that which was amend his libel pleading facts negativing February 21, 1949. produced by a detailed inspection of the prejudice and excusing his delay, and (3) 23. U7tited States v. Baldi (96 F. Supp 100 transcript when it appeared. Even without it was only upon his failure to amend that (1951)). En bane. Denial of writ of habeas the benefit of the impression given by the the peremptory exception was sustained and corpus on ground of lack of jurisdiction. charge at the time it was presented to the his libel dismissed." Certiorari denied (342 Judge McGranery with majority. Affirmed jury, we nevertheless think that taken as a u. s. 903). by Court of Appeals in 192 F. 2d 540. Case whole the general atmosphere created was 16. Kellett Aircraft Corp. v. Coldaire Corp. pending in United States Supreme Court. not that which either side could successfully claim was prejudicial." (191 F. 2d 231 (1951)). Charles A. Wolfe for Robak v. Pennsylvania R. Co. (178 F. 2d appellant; J. J. Brown for appellee. (Biggs, 485). (C. A. 3, December 27, 1949. Good United States of America v. Arthur Emory chief judge; Maris and Staley, circuit judges; rich, McLaughlin, and Kalodner; Joseph S. Benson (Criminal No. 16,020). Thomas J. opinion by Staley, judge). District court af Curtin for plaintiff; Thomas D. McBride for Clark, Jr., for appellant railroad; Elwood S. defendant. firmed insofar as it allowed the claim of Levy for appellee.) Sole ground of appeal: Coldaire for the value of the drawings in the June 11-12, 1951: Jury trial. Verdict: alleged error in charge to jury. Plaintiff Guilty on all counts. a.mount of $5,000; reversed insofar as it al was a laborer; part of her work was to re lowed the claim of Coldaire for the recovery move seats in passenger coaches. Two pos June 18, 1951: Defendant's motion for of the sum expended by it for the tooling. judgment of acquittal or for a new trial sible theories of recovery: (1) strained con filed. No significant language. genitally weak back in removing a seat stuck 17. Pugh v. Commonwealth Mutual Fire July 9, 1951: Supplemental to motion for 1n place; (2) back condition, congenital or judgment of acquittal filed. Insurance Company (decided March 13, 1952). caused by tugging condition, aggravated by (McLaughlin, Kalodner, and Staley, circuit September 5, 1951: Hearing sur motion for employer's failure to assign to lighter work judgment of acquittal. judges; opinion by Kalodner, circuit judge.) after notice of condition. Issue: Where a policy of fire insurance con Goodrich, C. J.: January 22, 1952: Order filed by Judge tains an endorsement that its terms and con (1) Trial court spoke informally. "The McGranery granting the defendant's motion ditions at the time of any loss will be the colloquial method gains by its intimacy what for a new trial. same as the terms and conditions of a policy it may lack in rhetorical :flourish. • • • March 19, 1952: New trial: Jury called and of coinsurance previously issued on the same We think the question is whether, on the sworn. property, is the second insurer relieved of whole, the charge gave the jury the necessary March. 20, 1952: In open court: Defendant liability by virtue of the fact that it received legal instruction and whether it presented changed plea to nolo contendere. Eo die: a smaller premium than its coinsurer? to them fairly questions which they had Jury discharged. 18. Lipscomb v. Groves (187 F. 2d 40 (1951)). to decide. If it did, we think there is no April 23, 1952: Sentence imposed: impri Stark & Goldstein, for appellant; Krusen, reversible error even though some portions sonment for 1 year and 1 day. Fine, $5,000 Evans & Shaw, for appellees. (Maris, Mc might be improved by polishing and other and stand committed. Laughlin, and Staley, circuit judges; opin portions wholly deleted. Mr. McCARRAN. Mr. President, I ion by McLaughlin, judge.) Seaman's claims "Judged by this test we do not think de under Jones Act for personal injuries and for fendant has shown grounds for a new trial. now ask unanimous consent to have maintenance and cure. Negligence and un The judge told the jury what the statute printed at this point in the RECORD, as seaworthiness phase: Court erred in charg was under which recovery was sought. He a part of my remarks, a statistical list ing that without fault, the shipowners had emphasized to them their responsibility for ing of Judge McGranery's judicial rec the obligation of maintenance and cure aris judging facts and credibility of witnesses. ord. This memorandum shows that he ing from the disability of the seaman, and so He defined for them the negligence concept made final disposition of 356 civil cases, seaman had duty to disclose whatever he as and reviewed what the plaintiff had claimed either jury or nonjury; final disposition an ordinarily prudent person should have and the particulars of the defendant's al known to have been material to the risk. leged failure to exercise due care. He par of 91 admiralty cases; that 651 defend Plaintiff Lipscomb was not seeking recovery ticularized the definite items of recoverable ants in criminal cases were arraigned without fault here-j was resting on alleged damage and told them that there was no before him; that there were 33 waivers negligence of appellees and unseaworthiness measurable standard for compensating pain of indictments; 132 changes of plea from XCVIII-34.9 5552 CONGRESSIONAL RECORD- SENATE May 20 not guilty to guilty before trial; 83 the King and Queen were about to cross country. That was determined. He criminal trials; and 357 sentences in the international boundary line. There had departed this country, and in fact criminal trials. The memorandum shows was no occasion for his arrest, yet he was he might have departed this life. The that he heard 455 arguments in crim arrested. Be that as it may, men and last seen of him was when he was in inal or civil cases; that he filed 168 opin women of Irish descent in this country Spain, where he was at the time taking ions in civil, criminal, or admiralty cases, came to his assistance as best they could. passage for Ireland. After he left this and that of the cases he decided which They conferred with one of the outstand country and after tl:..e Department was were appealed to the circuit court of ing members of the bar in Detroit, a certain that he had left this country, appeals. Judge McGranery's decisions member of the bar of whom the Senator the bond was exonerated. All this time were affirmed in 23 cases, and were re from Michigan speaks in the very high McGranery was holding $5,000 in cur versed in 16 cases. est terms, and requested him to arrange rency. A number of people representing So, Mr. President, I submit this memo for bond. He arranged with the bonding the Clan-Na-Gael came to McGranery randum of his judicial record, for print company to put up a bond in the sum of wanting him to turn the money over to ing in the CONGRESSIONAL RECORD. $5,000. But in making the arrangement the Clan-Na-Gael. He refused to do so There being no objection, the memo he was told that if anything should hap because, he said, the money, if it be randum was ordered to be printed in the pen he would have to indemnify the longed to anyone, belonged to McGar RECORD, as fallows: bonding company. He pledged his word rity or to the McGarrity estate. to indemnify the bonding company. UNITED STATES DISTRICT COURT FOR THE Finally, after many attorneys had Mr. WELKER. Mr. President, will talked to him-and that is all true; EASTERN DISTRICT OF PENNSYLVANIA, PHILA the Senator yield for a question? DELPHIA, PA., OCTOBER 9, 1946 there is no question that seven or eight Mr. McCARRAN. I yield. Judge McGranery was assigned and dis attorneys talked to him-trying to per posed of the following number of cases: Mr. WELKER. At this point, I should suade him to deliver the money to the like to ask the distinguished Senator Clan-Na-Gael; he refused to do so. Final disposition, civil cases (jury and from Nevada whether it is not custom nonjury) ------356 Suit was finally commenced against him. Final disposition, admiralty cases______91 ary in connection with obtaining bond Mr. President, you should have seen Defendants arraigned in criminal cases __ 651 in all cases such as this, that one must the smirk and the smile upon the face Waivers of indictments------33 indemnify the bonding company against of the man who instituted the suit, or Change of pleas from "not guilty" to loss. "guilty" before trial______132 who was the attorney who brought the Mr. McCARRAN. That has been my suit-the bitterest enemy that McGran Criminal trials ------83 Sentences in criminal cases ______357 experience, but this was an unusual case, ery had; so bitter that he told a mem Arguments (criminal and civil) ______455 in that the word of the individual was ber of the FBI who called on him that Opinions filed (civil, criminal and ad- accepted as security. He was of such he would like to commit an act of vio miralty)------168 high standing that the bonding company lence upon McGranery, an act, the de Cases appealed to the circuit court of took his word rather than requiring a scription of which would be revolting appeals: pledge of property or of other collateral were I to mention it here. There was Judge McGranery affirmed______23 of any kind. Judge McGranery reversed______16 nothing he would not do to McGranery, Mr. WELKER. Money was then ac So, with gusto, Mr. President, if you Cases of Judge McGranery appealed to cumulated with which to indemnify the Supreme Court from the circuit please, he took the suit against Mc court of appeals: company, was it? Granery. He said so, and he boasted Certiorari denied in 3 cases in which Mr. McCARRAN. Let me go into about it. He thought it was a good the circuit court affirmed Judge that; and I am going to take the Mc thing that he had something on Mc- . McGranery______3 Granery view of it. Judge McGranery Granery. Certiorari denied in 2 cases in which says the money was put up by a mem Mr. EASTLAND. Mr. President, will the circuit court reversed Judge ber of the Clan-Na-Gael, a man of Irish the Senator yield for a question at that McGranerY------2 descent who lived in Philadelphia, whose point? Certiorari allowed in 1 case where name was McGarrity. It is possible to circuit court reversed Judge Mc Mr. McCARRAN. I shall yield in a Granery. After argument, Supreme confuse the names McGranery and Mc moment. Court reversed circuit court of ap- Garrity, so I shall watch myself. But As soon as the suit was instituted on peals------1 the fact is that the bank account of Mc behalf of the Clan-Na-Gael, McGranery Cases appealed to the circuit court of Garrity shows that at that time he drew filed a bill of interpleader. From that appeals: from the bank $5,000. He placed $4,000 bill of interpleader I want to read his Judge McGranery affirmed______23 in the hands of McGranery at that time, statement, but before doing that, I yield McGranery then being a Representative to the Senator from Mississippi. Criminal______2 in Congress. The other $1,000 he with Civil------16 Mr. EASTLAND. The Senator spoke Bankruptcy______2 held for some reason or other. Mc of Mr. Dilworth's testimony. Did not Admiralty------3 Granery held the $4,000, and within a Mr. Dilworth preface his whole testi few days received the other $1,000. Mc mony by saying that that suit was po. Judge McGranery reversed______16 Granery testified under oath-and there litically inspired by himself, Dilworth? is not a word to controvert it-that the Mr. McCARRAN. In substance. I am Criminal------7 money was entirely in bills, one being Civil------8 a $1,000 bill, the remainder being $100 reading now from the bill of interpleader Ban kruptcy------1 filed by McGranery in the case which bills, and that he placed the money in was instituted in behalf of the Clan-Na Mr. McCARRAN. Mr. President, this envelopes and put them in his safe. Gael: brings me to the case of Clan-Na-Gael This occurred when he was a Repre sentative in Congress. When he was 15. Defendant claims no beneficial interest against James P. McGranery. ·As one of in the balance in his hands in the amount of Irish descent, at one time I was a member later appointed Assistant Attorney Gen $3,599. of the Clan-Na-Gael. I know the Clan eral he went to the safe, removed the Na-Gael. It is a great Irish patriotic envelopes, and took them with him to Mind you, Mr. President, the payment organization. It tried, by soliciting funds the Department of Justice. The bond of premiums and the payment of attor in the United States and by other activi was in force between 4 and 5 years, ney fees and other incidentals had been ties, to bring about freedom of the land during all of which time it was neces taken out by McGranery, and the money, of parentage of the members of that sary that someone put up the money to the amount of $3,599, was deposited Clan. The members of the Clan did with which to pay the premium on the into court. He said-and I continue: much for the uplift of Ireland. Many, bond. McGranery put up that money But he 1s a mere stakeholder. many very fine American citizens of out of his own pocket. 16. There is no dispute or controversy be Irish descent have belonged to that In the meantime McGarrity, the man tween defendant and Katheryn McGarrity, the Reverend Peter McGarrity, and William organization. who had originally put up the money, C. Carroll, as executors of the estate of Jo The leader of the Irish Republic died. His estate was probated, and it is seph McGarrity, that the only sum for which came to America to solicit aid for the still being probated in the courts in the defendant is liable and required to ac Republican movement in Ireland. He Philadelphia. Finally the man for count is the balance in his hands in the was arrested at Detroit at the time when whom the bond was put up left this amount of $3,599. 1952 CONGRESSIONAL RECORD - SENATE 5553 17. Defendant has paid into the registry of However that may be, it was and will dent was informed in this matter, and I this court the sum of $3,599, to abide the be the contention of McGranery that then called Mr. Edgar Hoover and suggested judgment of this court. the money belonged to the McGarrity that he advise Mr. Tom Clark (then an as sistant Attorney General) and have him Preceding that-and I did not read estate. He turned it in to the court and also see that the President is in full infor it-there is a statement of disbursements took the verdict of the jury and the mat ion of all the facts in the matter as well made out of this fund, which he held out decision of the judge. He turned in $5.40 as their implicat!::ir.s. of the sum of $5,000, depositing the bal too much, and the jury so held. ance into court. Here is another thing, Mr. President. Mr. President, this was a matter of Mr. WELKER. Mr. President, will the Clan-Na-Gael has not got the money to vital importance. Apparently it was so Senator yield? this day. It is in the private account of regarded by those in high places and in Mr. McCARRAN. I yield. a gentleman in New York who came authority. So they were rushing the Mr. WELKER. I am glad the Sena down under subpena and who said that matter through. McGranery and Mc tor, with the assistance of the Senator he represented the Clan-Na-Gael. Up Inerney are in complete accord as to from Mississippi, brought into this de to this time it has not been turned over, their judgment of what should take bate the fact that the witness Dilworth because, as I understand, there is no one place. Notwithstanding the fact that was a bitter political and personal en to whom to turn it over. Mcinerney says he doubted that they emy of Mr. McGranery. I ask the Sena Mr. President, I shall now drop that had evidence sufficient to convict, he tor whether it is not a fact that if Dil subject and take up the Amerasia case. says he went to McGranery's office worth had evidence of malfeasance or It seems to me it is taking up the time there comes the rub--and McGranery dishonesty on the part of Mr. McGran of the Senate for nothing, but McGran says they talked over the telephone for ery, he would have taken it to the griev ery was assistant to the Attorney Gen 2 minutes, while Mclnerney says he went ance committee of the Philadelphia Bar eral, and it was at the time when there to McGranery's office and was there 15 Association or to the grievance commit was to be a change in the head of the minutes. tee of the State Bar Association of the Department of Justice. Tom Clark was What difference does it make? Seven State of Pennsylvania, and would thus designated by the President to be At years had elapsed. There are no min have bene able to do Mr. McGranery an torney General, and was awaiting con- utes or records in the hands of McGran irreparable injury by having him cited -:firmation by the Senate. He was then ery, who had passed out of the Depart for disbarment, and that had there been head of the criminal division of the De ment of Justice and onto the bench in anything wrong about the transaction in partment of Justice. McGranery was the meantime, while Mcinerney had the question, McGranery would without assistant to the Attorney General and record in his hands all the time. It may doubt have been disbarred by the bar superior in position to Tom Clark. possibly be true that Mclnerney is cor association? Then came the question of whether rect in saying that they were together for Mr. McCARRAN. If he had any five or six individuals should be arrested 15 minutes, discussing what? As to ground for it, he would have pursued for having purloined and taken from the what they would do about arresting that course, because his attitude was State Department papers and docu these people who were under suspicion that he would do anything to get at Mc ments to which they were nc,t entitled. at that time. It was the conclusion of Granery. James Iv.:cinerney was under Tom Clark McGranery and the conclusion of Mc Mr. WELKER. Is it not logical to Inerney. that the whole matter should be in the Criminal Division of the Depart laid before the grand jury. Mclnerney conclude that if Dilworth had had a case ment of Justice. Mcinerney took the against McGranery, he would have had says so, and McGranery says so. Those matter to Tom Clark and said, "Here is are the facts. So far as that transac him disbarred and ruined in public life? the record; here are the facts; there is tion is concerned, McGranery comes Mr. McCARRAN. I think that is a a question whether we can get a con here without the slightest blemish. fair assumption. viction." What more could he do than say, "Pre There was one attorney mentioned by Tom Clark told him, "This matter has sent it all to the grand jury"?-and it the able Senator from Michigan [Mr. to be settled within the next couple of was all presented to the grand jury. FERGUSON], who came here while Mc hours because of the conference going Mr. President, I shall take but a mo Granery was in the Department of Jus on in San Francisco." ment longer. A great effort has been tice. He told the committee that there Then he was advised that the White made to try to show that this nominee was an agreement whereby the Clan-Na House and the Department of State and his predecessors did not have a Gael would accept $2,500, that $1,500 was were very much concerned. proper conception of the prerogatives of to be paid as a fee, and the balance paid Now comes a word confirming the sit the Executive. McGranery was in a out as incidental expenses. That is de uation. Out of the grave it has come. most peculiar position. He was, and nied by Mr. McGranery. McGranery I have in my hand, Mr. President, The still is, a judge on the Federal bench. At says that no such arrangement was ever Forrestal Diaries, and I read from page the time he was before our committee, arrived at and that no such arrange 65 of that book, as follows: the Supreme Court of the United States ment was ever consummated, although Major Correa (Mathias F. Correa, at the was shortly to have presented to it the the attorney returned from Philadelphia time a special assi.stant to the Secretary of famous Steel case. There has been a with signatures from representatives of the Navy) reported to me that the Depart wide divergence of opinion and judg Clan-Na-Gael to the effect that they ment of Justice has evidence to the effect that Lieutenant Andrew Roth has been ment on the questions involved in the would accept $2,500. All this time Mc Steel case. I have my personal views, Granery was contending, and he con furnishing confidential and secret docu ments to a man named Jaffe, head of a pub and they are very emphatic. I have ex tends until this very day, and will prob lication named "Amerasia" in New York pressed them, and I shall express them ably contend until the last breath City. Jaffe has had intimate relationship again, so far as that is concerned. But leaves his body, that the $5,000 belonged with th~ Russian Consul in New York. someone else can think differently. to the McGarrity estate and it was put Ot her departments of Government in What could the nominee for Attorney up by McGarrity. volved are the Office of Strategic Services, the Department of State, and the Foreign General say when he knew that the Steel One does not like to speak ill of the case was pending before the Supreme dead. I did not know Mr. McGarrity, Economic Administration. Major Correa reported that it was proposed Court of the United States? What do but undoubtedly he was interested in that Lieutenant Roth should be taken into we sometimes say on the floor of the what is known as the Irish Sweepstakes, surveillance Wednesday. He said that the Senate when a matter that is pending and he was doing business and he did F. B. I. thought that unless speedy action before the Supreme Court of the United not want to have it brought out in front were taken, important evidence would be that he was the one who was putting up dissipated, lost, and destroyed. I pointed States comes up for discussion? We $5,000 for the head of the Irish Republic. out the inevitable consequences of this say, "Do not touch that legislation, be That is only incidental. I do not action now would be to greatly embarrass cause the matter is pending before the think it amounts to anything. Excep the President in his current conversations Supreme Court of the United States." with Stalin, because of the anti-Russian Mr. McGranery was entirely right, in tion could be taken to my even mention play-up the incident would receive out of ing it except for a word here and there proportion to its importance. some of his answers, although he was which fell from the lips of some of the I asked Captain Vardaman (Naval Aide to being shot at pretty hard by some very witnesses. the President) to see to it that the Presi- able men. Let me teU Senators that 5554 CONGRESSIONAL RECORD - SENATE May 20 when ont'l is under fire from the Sena nomination of James P. McGranery to the Senator from Kentucky [Mr. UNDER tor from Michigan [Mr. FERGUSON], one be Attorney General? WOOD] would vote "yea." knows that he is under fire. That Sen Mr. WELKER. Mr. President, I sug Mr. SALTONSTALL. I announce that ator, with his fine training, splendid gest the absence of a quorum. the Senator from Maine [Mr. BREW knowledge, and great legalistic back The PRESIDING OFFICER. The STER], the Senator from Ohio [Mr. grounds, knows how to shoot, and he clerk will call the roll. BRICKER], the Senator from Illinois [Mr. shoots from the shoulder. The Chief Clerk called the roll, and the DIRKSEN]. the Senator from Indiana McGranery in many instances was following Senators answered to their [Mr. JENNER], the Senator from Wiscon getting crossfire, and if he uttered some names: sin [Mr. McCARTHY], and the Senator funny expressions, I do not blame him. Aiken Hennings Monroney from Massachusetts [Mr. LODGE] are Perhaps some of us might be even more Anderson Hickenlooper Morse necessarily absent. funny if we were under the same strain, Bennett Hill Mundt Bent on Hoey Murray The Senator from Kansas [Mr. CARL in the same conditions, and under the Bridges Holland Neely SON], the Senator from Vermont [Mr. same circumstances. Butler, Md. Humphrey Nixon FLANDERS], and the Senator from Wis Mr. President, I am about to close. Butler, Nebr. Hunt O'Mahoney Caln Ives Pastore consin [Mr. WILEY] are absent by leave I lay before the Senate of the United Capehart Johnson, Colo. Robertson of the Senate for the purpose of attend States the fate of Mr. James P. Mc Case Johnson, Tex. Russell ing the Conference of the International Granery. If the Senate rejects his nom Chavez Johnston, S. C. Saltonstall Council for Christian Leadership at The ination, he can go back to the bench, Clements Kem Schoeppel Connally Kilgore Seaton Hague. perhaps with a broken heart. If the Cordon Knowland Smathers The Senator from Montana [Mr. Senate confirms his nomination it puts Douglas Lehman Smith, Maine the stamp of approval on a man who, Duff Long Smith, N. J. ECTON] and the Senator from North Dworshak Malone Sparkman Dakota [Mr. LANGER] are absent on of in my judgment, is honest, sincere, God Eastland Martin Stennis ficial business. fearing, and fair-minded. Ellender McCarran Taft It has been said that there is a jewel Ferguson McClellan Thye The Senator from North Dakota [Mr. in the toad's head; there are sermons in Frear McFarland Tobey YOUNG] is detained on official business. Green McKellar Watkins If present and voting, the Senator stones, there is good in everything. Jim Hayden McMahon Welker McGranery, rising from a lowly birth to Hendrickson Millikin Williams from North Dakota [Mr. LANGER] and a place of great prominence, will, in my the Senator from Massachusetts [Mr. The PRESIDING OFFICER. A quo LODGE] would each vote "yea." judgment, demonstrate the fact that rum is present. The question is, Will greatness can come out of obscurity, and On this vote the Senator from Maine the Senate advise and consent to the [Mr. BREWSTER] is paired with the Sen I predict that he, as head of the De nomination of James P. McGranery to be partment of Justice, will be a great leader ator from Ohio [Mr. BRICKERJ. If pres Attorney General of the United States? ent and voting, the Senator from Maine and will have a great administration. Mr. FERGUSON. Mr. President, I Mr. McFARLAND. Mr. President, I would vote "yea," and the Senator from ask for the yeas and nays. Ohio would vote "nay." had intended to make a short statement, The yeas and nays were ordered, and but I know the Senate is anxious to vote the Chief Clerk proceeded to call the roll. The result was announced-yeas 52, upon the pending nomination. There Mr. BUTLER of Maryland (when his nays 18, as follows: fore, I shall confine my statement to a name was called). On this vote I have YEAS-52 few words. a pair with my senior colleague [Mr. Alken Hoey Morse James P. McGranery is a man of in If Anderson Holland Mundt O'CoNOR]. he were present and vot Benton Humphrey Murray tegrity and ability, as is borne out by a ing, he would vote "yea." If I were at As Bridges Hunt Neely perusal of his record. has been well liberty to vote, I would vote "nay." I Butler, Nebr. Johnson, Colo. O'Mahoney presented by the able Senator from therefore withhold my vote. Case Johmmn, Tex. Pastore Nevada [Mr. McCARRANJ, Mr. McGranery Chavez Johnston, S. C. Robertson is to be commended for being willing to Mr. HENDRICKSON (when his name Clements Kilgore Russell was called) . On this vote I have a pair Connally Lehman Saltonstall give up a life position in order to serve Douglas Long Smathers in another position for only a few with the distinguished senior Senator Duff Malone Smith, N. J. months, under a man to whom he owes from Washington [Mr. MAGNUSON]. If Eastland Martin Sparkman his present appointment. he were present and voting, he would Ellender McCarran Stennis vote "yea." If I were at liberty to vote, Frear McClellan Thye Mr. O'MAHONEY. Mr. President, I Green McFarland Tobey think any words of mine would be alto I would vote "nay." I t.herefore with Hayden McKellar Welker hold my vote. Hennings McMahon gether surplusage after the very eloquent Hill Monroney address by the Senator from Nevada. The roll call was concluded. However, I. have known Mr. McGranery Mr. JOHNSON of Texas. I announce NAYS-18 for many years. I knew him when he that the Senator from Virginia [Mr. Bennett Hickenlooper Schoepp el was in the Department of Justice, and BYRD], the Senator from Arkansas [Mr. Cain Ives Seaton FULBRIGHT], the Senator from Georgia Capehart Kem Smith, Maine I have had personal knowledge of him Cordon Knowland Taft and of his family. On the basis of my [Mr. GEORGE], the Senator from Iowa Dworshak Mlllikin Watkins personal knowledge of Mr. McGranery, [Mr. GILLETTE]' the Senator from Okla Ferguson Nixon Williams I have no hesitation in expressing, with homa [Mr. KERR], the Senator from NOT VOTING-26 Michigan [Mr. MOODY], the Senator out reservation, complete confidence in Brewster George Maybank his integrity and ability. from Maryland [Mr. O'CONOR], the Sen Bricker Glllette McCarthy As the majority leader has just said, ator from Kentucky [Mr. UNDERWOOD] Butler, Md. Hendrickson Moody are absent on official business. Byrd Jenner O'Conor I feel that by Mr. McGranery's willing Carlson Kefauver Smith, N. C. ness to sacrifice his position upon the The Senator from Tennessee [Mr. Dirksen Kerr Underwood Federal bench, which could not be KEFAUVER], and the Senator from Wash Ecton Langer Wiley ington [Mr. MAGNUSON] are absent by Flanders Lodge Young touched, in order to respond to the call Fulbright Magnuson of the President, he has demonstrated leave of the Senate. his capacity. The Senator from South Carolina [Mr. So the nomination of James P. Mc I am willing to add this additional MAYBANK] is absent by leave of the Sen Granery to be Attorney General of the word: Since the hearings took place, I ate on official business. United States was confirmed. have talked personally with Mr. McGran The Senator from North Carolina The VICE PRESIDENT. Without ob ery and have questioned him myself CMr. SMITH] is absent because of illness. jection, the President will be notified about points which have been raised I announce further that if present and forthwith. against him. Upon the basis of my ques voting, the Senator from Iowa [Mr. tions and his answers to me, I reiterate GILLETTE], the Senator from Tennessee my confidence in his integrity and ability. CMr. KEFAUVER], the Senator from Okla LEGISLATIVE SESSION The PRESIDING OFFICER Conveniently overlooked by the President Representatives from U. S. Steel, Republic ton, Burling. Rublee. Acheson & Shorb, influ 1n his own consistent use of these so-called Steel, General Motors. Standard Oil, Ameri ential international law firm which repre gluttons of privilege. can Telephone & Telegraph, and Aluminum sents foreign governments in United States Secretary of Defense Robert A. Lovett is Co. of America are frequent on the list of loan and financial transactions. a former partner of the influential Wall men called upon by the administration to Jesse Alston AdainS: Government post: Street firm of Brown Bros.. Harriman & fill policy posts. Member, Federal Home Loan Bank Board. Co. Averell Harriman, Director of the Mu· There is a liberal sprinkling of interna Business connections: executive vice presi tual Security Agency and holder of a half. tional financiers from such investment con dent, Westfield, N. J., Federal Savings and dozen other top-ranking policy posts under cerns as Dillon, Read & Co.; J. P. Morgan Loan Association, 1932-47; director. West Truman. also was associated with this firm. & Co.; Kuhn. Loeb & Co., and others. field Trust Co.; member, board of governors, The Nation's first Secretary of Defense. the The Union Pacific and a number of other National Savings and Loan League. late James Forrestal. was president of Dillon, railroads. the Greyhound Corp., a half. Bernard Baruch: Government posts: for Read & Co .. one of the Nation's largest invest dozen air and steamship lines, numerous in· mer adviser to War Mobilizer James M. ment firms. surance companies. General Foods Corp., Byrnes; named by Franklin D. Roosevelt to The President also could have mentioned U. S. Rubber Co., Lever Bros .. Merck & Co., head United States synthetic-rubber pro W. Stuart Symington. president of Emerson Eastman Kodak, National Broadcasting Co., gram; United States representative on the Electric Co.; William Mcchesney Martin. for and other radio chains-these are but a few United Nations Atomic Energy Commission; mer president of the New York Stock Ex· of big business concerns from whom Roose has held numerous other advisory Federal change; Charles E. Wilson, president of Gen velt and Truman have obtained officials for pas.ts. Business connections: International eral Electric Co.; and others who have di· Government posts. The attached list ly known financier; member, New York Stock rected policy from Federal posts. furnishes background. Exchange. Secretary of State Acheson has been asso The alliance of the Truman administra Herman Baruch: Government posts: spe ciated between periods of Government em tion with big business is not confined to tbe cial representative. Board of Economic War ployment with a law firm which has drawn filling of policy posts. It extends to the farE!, in Brazil; Ambassador to Portugal, huge retainers as the representatives of for granting of big orders and contracts, and to 1945-47; Ambassador to Netherlands, 1947-49. eign governments. all other phases of Government operations. Business connections: member, Baruch It was President Truman. too, who, in the This relationship is no more graphically Bros .. New York Stock Exchange, 1903-18 1948 campaign, stated: reflected than in the mammoth Federal (Bernard M. Baruch); associated with H. "On the one side, there is the Wall Street s!)ending under the defense program and the Hentz & Co., New York banking firm. 1918-42. way of life and politics. Trust the leader. disposition of billions of dollars in defense William L. Batt: Government posts: Mu Let big business take care of prices and contracts. . tual Security Agency representative to the profits. That is the philosophy of the Re· It is beyond coincidence that a select few United Kingdom; Vice Chairman. War Pro publican Party." manufacturers are receiving the lion's share duction Board; member. Combined Raw Ma· Apparently it also is the Truman philoso of defense contracts and that officials or terials Board; special envoy of President to phy, with its theories of planned economy former officials of these same firms simul· Moscow with rank of Ambassador. Business (by the bureaucrats) and its attempts to taneously hold top-ranking Federal posts. connections: head of SKF Industries since plan the lives of all citizens. Ten large manufacturing companies have 1923; director of SKF Industries, Ltd., of Roger L. Putnam, the President's personal been handed 40 percent of the total dollar Canada; director, Philadelphia National choice to head the Economic Stabilization volume of defense contracts since Korea; 50 Bank. Agency, which holds virtual life and death companies command almost two-thirds of Charles U. Bay: Government post: Ambas authority over American industry, fills the the dollar volume of defense contracts sador to Norway. Business connections· big business classification. Putnam is one of (S. Rept. 551, 82d Cong.). Senior partner. A. M. Kidder & Co .• Wali the Nation's largest manufacturers of pack• "These top 50 concerns have received many Street brokerage firm; director First Na age machinery, is a director of a large ma• contracts for which there were alternative tional Bank of Bridgeport; chai;man of the chine and gear firm and a Springfield, Mass., sources of supply equally competent to per board, Bay Petroleum Corp.; director, Amer bank. form the work satisfactorily," the Senate ican Export Lines; president and director Putnam's predecessor as Economic Stabi· Select Committee on Small Business reported. Connecticut Railway & Lighting co. ' lizer, Eric Johnston, is a former president of A continuation of this trend may "en Senator WILLIAM BENTON: Government the United States Chamber of Commerce. a trench monopoly beyond hope of dislodg· posts: Assistant Secretary of State. 1945- former president of the Motion Picture Asso ment in ·our time," the committee warned. 47; member, Advisory Committee on Co ciation of America. and a director of United The Truman administration:-big business ordination of Inter-American Affairs; Vice Air Lines. the Bank of America, an insurance alliance goes one logical step further. Chairman of the Board of Trustees, Commit firm. and several banks. Many of these same men of big business are tee for Economic Development; Vice Chair How, then, does President Truman expect alined with the Democratic Party and are can, United States delegation to UNESCO to justify to the American people his canard frequent and heavy contributors to the Conference, London, 1945 and other mis· that the Republican Party represents the Democratic campaign funds. sions. Business connections: Wealthy ad "special interests" as exemplified by Wall An examination of Democratic Party con.. vertising executive; founded advertising firm Street and big industry? tribution lists in National and State cam of Benton & Bowles; chairman of the board The present high stature of big business paigns discloses hundreds of donations from of Encyclopedia Britannica (United States in the policy councils of the Democratic ad big business and representatives of big and Canada) ; chairman of the board, Muzak ministration dates back to about 1938. business on the attached list. Corp.; Associated Music Publishers. Subscrip• In 1933, with the advent of Roosevelt in The use by the TrUman administration of t ion Radio, Inc. the White House, an army of teachers, social the talents of big business is of itself not Adolf Augustus Berle. Jr.: Government workers. economists, poets, lawyers, and in· subject to condemliation. It does make the posts: Ambassador to Brazil, 1945~6; spe tellectual buccaneers descended on Washing case that the Democratic Party is closely al.. cial c.ounsel for Reconstruction Finance Cor ton to preach and put into practice the lied with big business. Republicans, even in poration, 1933-34; Assistant Secretary of gospel of the more abundant life. their hey day, never had such extensive big .. State, 1938-44; member of United States For 5 -years thereafter the Nation's ailing business connections. delegations to South America. Europe. economy was dosed up with every social The compilation of such a list as presented Business connections: Wealthy attorney. firm nostrum these dreamers and spenders of herewith offers inescapable proof that not of Berle, Berle, Agee & Land, of New York· other people's money could conjure up-only the Republican Party but the Democratic authority and lecturer on finance, Harvard to have the 1937 depression take the country Party is, indeed, the party now of big Busi~ess School; treasurer and director, back to 1932 levels. business. American Molasses Co. By 1938 it had become evident that the In the record of no other administration, Anthony A. J. Drexel Biddle, Jr.: Govern· administration would founder if the country Republican or Democratic, is it possible to ment posts: Retired from diplomatic servic1. were left in the hands of this small bunch compile such a formidable array of big Long succession of diplomatic posts ill Po .. , of zealots. The transition of replacing business, integrated with the operator of land, Norway, France. Belgium. Netherlands, these intellectual adventurers with men of the Federal Government. Greece, Yugoslavia, Czechoslovakia, Luxem proven ability from the American competi• bourg. Business connections: Scion of tive system of business was begun. It is inconceivable the American people are wealthy family; engaged in shipping busi.. The alliance of the· Truman administra· so gullible as to swallow the false big busi ness, -mining activities in South Africa. tion with the representatives of big busi.. ness propaganda as voiced by President Truman and other Democratic Party politi Eric Harbeson Biddle: Government posts: ness, which it at the same time smears as Economic Cooperation Administration. 1948, "gluttons of privilege," reached its zenith cians against the Republican Party if the truth is presented to them. on mission to Greece and also to Korea; De· during World War II. If America were to partment of State, 1947, as special assistant survive, brains were needed, it was conceded. GOVERNMENT AND BIG BUSINESS to Director, International Information and In this emergency Truman turned to men Dean Acheson: Government posts: Secre Cultural Affairs; special assistant to Secre with a record of success. tary of State. Under Secretary of the Treas tary General, United Nations, 1946; headed Once committed to the success formula of ury, 1933; Assistant Secretary of State, 1941: special mission of President to Great Britain, big business, the Truman administration Under Secretary of State, 1945-47. Business 1942-47. Business connections: Investment has invaded practically all fields of private connections: Between periods of Govern.. banker, 1922-25; managed electric railroad industry and enterprise for talent. ment employment is associated with Coving- and motor bus companies, 1925-32. 195~ CONGRESSIONAL RECORD - SENATE 5557 Francis Biddle: Government posts.: Chair P. Morgan & Ca., National Dairy Products 4o; vice chairman, ·united States Petroleum man, National Labor Rela.tions Board, 1934- Corp., Tampa Electric Co. _ Board; member, President's mission to Lon 35; Solicitor General, 1940; Attorney General, cyrus S. Ching: Government posts: Direc· don to negotiate Anglo-American oil treaty; 1941-45. Business connections: Associate of tor of Federal Mediation and Concillation s.pedal consultant to Secretary of Interior. Biddle, Paul & Jayne, Philadelphia law firm, Service; industrial member, National Re Business connections~ President, Trunk Line 1912-111; Barnes, Biddle & M.yers, 1917~9. gjonal Labor Board, 1933; National Defense Gas Supply Co.; chairman of board, Associ John D. Biggers: Government posts: Di Mediation Board, 1941; member, National ated Publishers~ Inc.; executive vice presi rector of Production, Office of Production War Labor Board, 1942-43. Business con dent. International Bit:u:Inen EmUlsions. Co.; Management. 1941; Minister to Great Brl.tain nections: Associated with United States executive vice president and president, in Charge of Coordination of War Produc Rubber Co., 1919-47, last position being Standard stations, Inc.; president. American tion, 1941; Administrator, Census of Unem director of industrial and public relations. Independent Oil Co.; chairman of board, ployed, 1937-38. Business connections: Pres Lawrence Clayton: Government post: Independent Tankships, Inc.; director, ident and di:rectOl", Lillby-Owens-Ford Glass Member, Board of Governors, Federal Re American President Lines, Golden State Co., Co. since 1930. Formerly vice president, serve Sys:tem. 1947-51. Busmess connec Ltd., standard Oil o! California. Owens Bottle Co.; manufacturing director, tions: Vice president, Clayton Investm.ent Pres.ton Delano: Government pa.sts: Comp Dodge Bros..,. Ltd., Bl'itain; vice president, Co.; director, Gener.al. Latex & Chemical troller of the CUrrency; member, Federal De Graham Bros. Corp.; director. Toledo Truck Corp .• 1945-4'Z; vice president., First National posit Insurance Corporation, Home Owners Co.., Baltimore & Ohio Railroad. Banlt ai Ogden, Utah. • Loan Corporation, Federal Home Loan Bank Eugene R. Black: Government post: Presi William L. Clayton: Government posts: Board. Business connections.: Invesnnent dent, International Bank for R.ec:onstructfon National Security Training Commissioner; counselor, 1923-33; general manager, Cali and Development (World Bank). Business Under Secretary of State, 1945-50; Assist !ol'.nia & Oregon Coast Railroad. connection: Senior vice president, Chase Na ant Secretary of: State; War Surplus Property Edward T. Dickinson, Jr.: Government tional Bank of New York. Administrator. Business connections: posts: Ext'cutive director, Planning Commit Chester Bowles: Government posts: Am Headed Anderson, Clayton & Co . ., c~tton tee, War Production Board, 1942--43; direc bassador to India; Director of Economic brokers, firm considered largest in country. tor o! program coordination, Economic Co Stabilization, 1946; Member War. Production Handled millions in Marshall plan aid. operation Administration, 1948. Business Board, 1943-46; Chairman, Economic Sta Clark Cltlforo: Government posts; Special connections: Aide to chairman of the board, bilization Board, 1946; Anierican. Delegate to counsel to the President, 1946; member of United States Steel, and other posts with United Nations Scientific and Cultural Or inner White House circle. Was commander United States Steel, 1937-42; vice president ganization, Paris, 1947; Member, Arrrerican in Navy and served also as naval aide to World Wide Development Corp.; vice presi National Committee for UNESCO, 1946--47. President. Business connections: Partner, dent, United World Films, 1947. Business connections: Founded advertising Lashly, Lashly, Miller & Clillord, law firm Lewis W. Douglas: Government posts: firm of Benton and Bowles; Member of. Board which specializes in corporate cases. Director, Bureau of Budget; deputy War of Directors, Encyclopredia Britannica and John L. Collyer: Government posts: Chair Shipping Administrator, 1942--44; Am Encyclopredia Britannica Films, Ltd. man, Business Advisory Council, Department bassador to Great Britain, 1947. Business John. Nicholas Brown: Government post: of Commerce, 1947-48; awarded Medal of connections: vice president. American Cyan Assistant Secretary of Navy for Air~ 1946. Merit for service to United States in connec amid Co .• 1934-38:; president, Mutual Life Business co.nnections: President, Counting tion with development of synthetic rubber. Insurance Co. of New York, 194G-47, chair House Corp.; known as infant (1000) as Special director, rubbel' programs, War Pro man of board since 1947; director, General "richest baby in the world"; Treasurer and duction Board, 1945. Business connections: Motors, Homestake Mining Co.; trustee, Al Director Brown Land Co.; Member, Rhode President, B. F. Goodrich Co.; former vice fred P. Sloan Foundation. Island Port Authority. president. Dunlap Tire & Rubber Co.; direc William H. Draper, Jr.: Government posts: David KE.. Bruce: Government posts: For tor, American AnOde Inc., J. P. Morgan & Roving ambassador to supervise European mer Ambassador to France; nominated as Co., Inc.; president and director, Akron Rub aid programs; Under Secretary of the Army, Under Secretary of State; helped organize ber Co.; director, Lone Star Defense Corp. 1947-4!}; Mutual Security Agency. Busi Office of Strategic Services, 1941-45; As H. Earl Cook: Government post: Member, ness connections: On leave of absence as sistant Secretary of Commerce, 1947-48; Federal Deposit Insurance Corporation, ap vice president of Dillon, Read & Co.; for Chief, Economic Cooperation Administra pointed 1947. Business connections: Former merly associated with Bankers. Trust Co .• tion mission to France, 1948-49. Business president, Second National Bank oi Bucyrus; National City Bank af New York. connections: Former son-in-law of Andrew superintendent of banks for Ohio, 1943-47. Allen W. Dulles: Government posts: Long Mellon, Former Secretary of the Treasury; Walter E. Cosgriff: Government post: Di association with Department of State; for lawyer; Director, Aluminum Company of rector, Reconstruction Finance Corporation. mer head of State Department Division of America; son of. late Senator William Cabell Business connections.: Chairman of the Near Eastern Affairs; member numerous Bruce; was born to wealth. Brother o:l:I board, Elirs.t National Bank, Caldwell, Idaho; United States delegations to foreign confer James Bruce. p:resi.dent and director, Adams County Bank, ences; now Department dil'ector, Central In James Bruce: Govanment posts: Financial Idaho; vice president and director, First Na telligence Agency. Business connections: tional Bank, Rawlins, Wyo.; president and with & advi~ to Board of Directors, Home Owners' Association Sullivan Cromwell, Wall Loan Corporation, 1933-34:; Ambassador to director. First National Bank, Vale, Oreg. Street law firm; brother of John Foster Argentina, 1947-51. Business connections: Myron M. Co.wen: Government posts: Am Dulles. Vice president, Atlantic Ex.change Bank, bassdor to Philippines since 1949; formerly John Foster Dulles: Government post: 1921-26-; vice president, International Ac Ambassador to Australia, 194:8-49. Business Special adviser on foreign policy in Depart ceptance Bank, 1926-27; vice president, Chase connections: Partner or Watters., Cowen & ment of State. Business connections.: Mem Baldridge, Washing.ton, D. C., 1933-48, cor National Bank, 1927-31; president, Baltimore ber of Wall Street law firm of SulliVan and porate law firm, finance cases, etc. Cromwell; director, International Nick.el Co., Trus.t Co~ 1931-33; vice presid.ent, National Dairy Products Corp.; director, Commercial Leo T. Crowley: Government posts: For Bank oi New York~ member, New York State mer Alien Property Custodian, 1942-43; Credit Co.., Maryland Casualty Co.., Republic Banking Board; director, .American AgriC'tll Chairman. Federal Deposit Insurance Cor Steel Co., National Dairy Products Corp., tural Chemical Co., American Bank Nate poration, 19-!3'-51~ Director, Office of Eco Co., Bab.cock & Wilcox Corp. Standard Gas & Elec.tric Co .. American Air nomiC' Warfare, 1943. Business connections: lines, Inc., Bayway Terminal Corp., Federal Walter L Dunham: Government post: President, General Paper & Supply Co.; chair Director. Reconstruction Finance Corpcma Home Loon Bank Board Of New York Cit y, man of the board, Standard Gas & Electric General American Investors, Pennsylvania tion. Business connections: Industrial Co.; chairman of the board, Chicago, Mil financier; head of Walter L. Dunham Co., Coal & Coke Co., Utilities Equities Corp., waukee, St. Paul & Pacific Railroad. Inc.; vice president, Highland Park (Detroit) American & Hawaiian Steamship Co., Fidel ·.Joseph E-. :Javies: Government posts: Bank~ vice president, Dime Savings Bank, ity-Phoenix Fire Insurance Co., and General Chairman, Federal Trade Commission, Detroit; vice president, National Bank of De Co. David KE. Cigar Brother of Bruce. 1915-16; Economic Advisor to Wilson at Ver troit; president, Detroit Savings Bank;. vice Ellsworth Bunker: Government post~ Am sailles, 1918; Ambassador to Russia, 19-35-38; president and director, General Foundry and bassador to Argentina. Business connec Ambassador to Belgium and Minister to Lux Manufacturing Co.; director, Kald-Hold Man tions: Chairman of hoard of National Sugar embcmrg, 1938-39; special envoy of Franklin ufacturing Co. Refining Co.; director, American Hawatlan D. Roosevelt to Russia to confer with Stalin, Ferdinand Eberstadt: Government posts: Steamship Co., General Baking Co., Bankers 1943; special envoy of Truman to confer with Former Vice Chairman, War Production Trust Co.; trustee, Atlantic Mutual Indem Churchfll, 1945; special adviser with rank of Board; Chairman. Army and Navy Munitions nity Co. Ambassador to Potsdam Conference, 1945; Board; credited with drafting the Unifica Benjamin J. Buttenweiser: Government special assistant to Secretary of State Hull, tion Act. Business connections: Investln'1..nt post: Assistant High Commissioner to Ger 1939-41. Busiz:ess connections: Corporation banker; former partner, Dillon, Read & Co.; many. Business connections: Partner of the lawyer since 1918- in Washington, excepting president and director, Chemical Fund. Inc., New York international banking house of 1!¥-t6-41; has represented numerous foreign and F. Eberstadt & Co., Inc., investment Kuhn, Loeb & Co. governments, served' as counsel in refinanc house; director, Emerson Radio and Pllono Paul C. Cabot: Government post: War Pro ing loans, ere. graph, Inc., Branitr Airways, James Talcott, duction Bvard, 194.1-42. Business connec Ralph K. Davies: Government posts: Dep Inc., W. L. ll/l'_axson Corp., and Amertcan tions: Banker, Brookline, Mass.; directOF, J. uty Petroleum Administrator for War, 1942- Barge Line, Inc-. 5558 CONGRESSIONAL RECORD.=. SENATE May 20 Marriner S. Eccles: Government posts: Carl R. Gray: Government posts: Vet Paul G. Hoffman: Government post: For Former Chairman, Board of Governors, Fed erans Administrator; wartime transporta mer head of Economic Cooperation Admin· eral Reserve System; Board of Economic tion expert. Business connections: Execu istration. Business connections: Former Stabilization, 1942-1946; Assistant to Secre tive vice president, Chicago & North president of Studebaker Corp.; chairman of tary of the Treasury, 1934. Business con western Railway; general superintendent, board, Paul G. Hoffman Co., Hoffman Spe nections: banker; inherited fortune; organ Montgomery Ward; vice president, Central cialty Co.; director, Federal Reserve Bank of ized 28 bank chains in three Western States: Manufacturing District Bank, Chicago; di Chicago, New York Life Insurance Co., United official of Amalgamated Sugar Corp., Utah rector, Investors Mutual, Inc. Air Lines, Encyclopedia Brit annica, Inc., Au Construct ion Co., Eccles Hotel Co., Mountain Stanton Griffis: Government posts: For tomobile Manufacturers Association, Inc. States Implement Co., Stoddard Lumber Co. mer Ambassador to Spain; Chief, Motion Clarence E. Hunter: Government posts: Charles Edison: Government posts: For Pict ure section, om.ce of war Information, Mutual Security Agency head to Netherlands; mer Secretary of the Navy; held jobs with 1943-44; Ambassador to Poland, 1947, Egypt, Economic Cooperation Administration; Alien National Recovery Administration and Na 1948, Argentina, 1949. Business connections: Property Custodian. Business connections: tional Emergency Council. Business connec Investment banker; partner, Hemphill Noyes Banker; executive secretary, managing bee.rd, tions: Former Governor of New Jersey; son of & Co., New York investment bankers, since Standard Aircraft Corp.; official, Liberty Na Thomas Alva Edison, the inventor; president 1914; chairman, executive committee, Para tional Bank of New York; vice president in and director, Thomas A. Edison, Inc.; Pohat mount Pictures; chairman of board, Bren charge foreign affairs, New York Trust Co.; cong Railroad Co.; director, International tano's Book Stores; chairman, executive com director, Christiania General Insurance Telephone and Telegraph. mittee, Lee Tire & Rubber Co. Corp., New York, Walter Kidde & Co., River Rudolph M. Evans: Government post: W. Elmer Harber: Government post: Di Brand Rice Mills, Inc., Bloomfield (N. J.) Board of Governors, Federal Reserve System. rector, Reconstruction Finance Corpora Tool Co. Business connections: Associated with Allied tion. Business connections: President and Louis A. Johnson: Government posts: Sec Machinery Co. of America; director, Laurens director, First National Bank, Seminole, retary of Defense, 1949-50; Assistant Secre Farm Co. Okla.; director, Liberty National Bank, Ok tary of War, 1937-40; personal representative Thomas K. Finletter: Government posts: lahoma City. of President in India, 1942; member, Federal Secretary of the Air Force; Special Assistant, Thomas J. Hargrave: Government post: Advisory Council, United States Employment Secretary of State; Minister to Great Britain, Chairman, Army and Navy Munitions Board, Service. Business connections: Director, Economic Cooperation Administration. 1947-48. Business connections: President, Union National Bank and also Community Business connections: New York corporation Eastman Kodak Co. since 1941; director, Savings & Loan Co., Clarksburg, W. Va., Con lawyer, member law firm of Coudert Broth Lincoln Rochester Trade Co. solidated Vultee Aircraft Corp.; director and ers; active in field of international economics Maple T. Harl: Government post: Federal general counsel, General Aniline & Film Corp. and author of several books on this subject. Deposit Insurance Corporation. Business and General Dyestuff Corp.; lawyer, with of James Forrestal: Government posts: For connections: Former president, Harl Mort fices in Clarksburg, New York, and Washing mer Secretary of Defense, was first to hold gage Co., of Denver; Denver Safe Deposit ton. this Cabinet position; first joined White Co.; Sun Investment Co.; vice president, En Eric A. Johnston: Government posts: Re House group as an executive assistant to the glewood (Colo.) State Bank. signed Economic Stabilizer; nominated to President. Business connections: Invest W. Averell Harriman: Government posts: head point 4 program; Economic Stabiliza ment banker; served as president of Dillon, Head of Mutual Security Agency; Foreign Af tion Board, 1943; Economic Development Read & Co.; director of numerous corpora fairs Adviser to President Truman; Lend Commission; War Manpower Commission; tions. Long history of Wall Street con Lease Administrator, 1941; Secretary of Com wartime Chairman, United States Com nections. merce, 1946; former Ambassador to Great mittee for Inter-American Development: William C. Foster: Government posts: Britain, Russia; holds permanent rank of Chairman, International Development Ad Deputy Secretary of Defense; head of Eco Ambassador Extraordinary and Plenipoten visory Board. Business .. connections: Former nomic Cooperation Administration, also tiary. Business connections: Son of Edward president, Motion Picture Association of deputy; Under Secretary of Commerce. Busi Henry Harriman, who founded Union Pa America; chairman of the board, Washing ness connections: New York industrialist; cific; Wall Street banker; former chairman ton Brick & Lime Co.; president, Columoia Pressed & Welded Steel Products Co.; Wegnes of board, Union Pacific Railroad and Mer Electric Instrument Co.; director, Seattle Machinery Corp. chant Shipbuilding Corp.; head, Harriman & First National Bank, New World Life In 0. Max Gardner: Government posts: Chair Co. (investment firm which became Brown surance Co., Spokane & Eastern Trust Co., man, Advisory Board, Office of War Mobil Bros., Harriman & Co. through merger); United Air Lines, Bank of America, Ameri ization, 1944; Ambassador to Great Britain. chairman of executive committee and direc can Security & Trust Co.; president, United Business connections: President, Cleveland tor, Illinois Central Railroad; director, Los States Chamber of Commerce. Cloth Mills; Director, Sperry Corp. Angeles & Salt Lake Railroad, Yazoo & Mis Jesse Jones: Government posts: Secretary Robert A. Gardner: Government post: Vice sissippi Valley Railroad, Oregon-Washington of Commerce; Reconstruction Finance Cor• President of World Bank. Business connec Railroad & Navigation Co., Oregon Short Line poration head, 1933-39; Federal Loan Agen tions: Investment broker; member, Mitchell Railroad. cy; War Production Board; Economic Stabi & Hutchins Co.; director, Chicago and Great Henry William Harrison: Government lization Board; Export-Import Ban~ Board Western Railway, Hotel Sherman, Inc., Chi posts: Chief, Shipbuilding, Construction, and of Economic Warfare; National Emergency cago. Supplies Branch, Oftl.ce of Production Man Council. Business connections: Organized Gus F. Geissler: Government post: Presi agement, 1941-42; director of production, Texas Trust Co. (now Bankers Mortgage dent, Commodity Credit Corp. Business War Production Board, 1942; commissioned Co.); vice president, Lumberman's National connections: President, Cooperative Grain brigadier general, later major general, in war Bank; chairman of board, National Bank of Elevator Co., of North Dakota; Cooperative effort. Business connections: vice president, Commerce of Houston and Union National Oil Co., North Dakota. director, Bell Telephone Co. of Pennsylvania Bank; builder on large scale; large real-estate Walter S. Gifford: Government posts: Am and Diamond State Telephone Co.; assistant owner and operator. bassador to Great Britain; member, War Re vice president, American Telephone & Tele Joseph P. Kennedy: Government posts: Se sources Board. Business connection: Chair graph, 1938-43; president and director, In curities and Exchange Commission, 1934-35; man of Board and President, American Tele ternational Telephone and Telegraph since Chairman, 1935; Chairman, United States phone & Telegraph; former ofiicial Western 1948; director, International Standard Elec Maritime Commission, 1937; Ambassador to Electric Co.; First National Bank of New tric Corp., Porto Rico Telephone Co. Great Britain, 1937-41; member of Committee York; Bank for Savings of New York; direc H. Struve Hensel: Government posts: As on Organization of the Executive Branch of tor, United States Steel Corp. sistant Secretary Navy, 1945-46; consultant the United States Government, appointed by Huntington Gilchrist: Government posts: to National Security Resources Board and Truman. Business connections: President, Mutual Security Agency chief to Belgium: Economic Cooperation Administration. Busi Columbia Trust Co., Boston, 1914-17; assist League of Nations; Office of Economic Con ness connections: Wall Street lawyer, mem ant general manager, Fore River (Mass.) trols; held several United Nations commit ber, firm, Carter, Ledyard & Milburn, 2 Wall plant, Bethlehem Shipbuilding Corp., 1917- tee posts. Business connections: Managing Street; director, Stahl-Meyer, Inc., Colt's 19; manager, Hayden-Stone Co., investment director, Cyanamid Products, Ltd., of London Manufacturing Co., Vacuum Foods Corp. bankers, Boston branch, 1919-24; president and official of American firm, American Arthur M. Hill: Government posts: Special and chairman of board, Film Booking Offices Cyanamid Co., New York. assistant, Secretary of Navy, 1942-45; Chair of America, 1926-29; chairman of board, Henry F. Grady: Government posts: Vice man, National Security Resources Board, Keith, Albee, Orpheum Theaters Corp., 1928- Chairman, United States Tariff Commis 1947-48. Business connections: Chairman of 29; chairman of board, Pathe Exchange, Inc., sion, 1937-39; Assistant Secretary of State, the board, Atlantic Greyhound Corp.; presi 1930. 1939-41; Ambassador to India, 1947-48; Am dent, Charleston Transit Co.; chairman of Charles F. Kettering: Government posts: bassador to Greece, 1949; personal repre board, Capitol Greyhound Lines; chairman. Chairman, National Inventors Council; De sentative of President to Far East, 1941; other executive committee, Greyhound Corp.; pres partment of Commerce National Patents jobs with State, Labor, and Commerce De ident, Kanawha City Corp., Kanawha Land Planning Commission; Advisory Board, War partments. Business connections: President, Co.; director, Kanawha Banking & Trust Co., Production Board. Business connections: American President Lines, 1941-47; chair Greenbrier Valley Bank, International Tele Vice president, General Motors Corp.; organ man of board, Federal Reserve Bank of San phone & Telegraph, Riggs National Bank, ized Dayton Engineerinb Laboratories (Delco) Francisco. District of Columbia. as inventor of automotive starting, light- 1952 CONGRESSIONAL RECORD - SENATE 5559 ing, and ignition systems; organizer, Dayton Francis P. Matthews: Government posts: Bank of Birmingham; director, Neho, Co.; Metal Products Co., and Dayton-Wright Air Secretary of the Navy; Ambassador to Ire numerous radio and investment connections. plane Co.; director, Winters National Bank land. Business connections: Corporation Richard C. Patterson, Jr.: Government & Trust Co.; president and director, Domes lawyer; former chairman of board, Securi posts: Ambassador to Switzerland; Ambas tic Building Co.; director, Moraine Develop ties Acceptance Corp.; director, Northwest sador to Guatemala; Assistant Secretary of ment Co., Uplands Realty Co.; president and ern Bell Telephone Co.; chairman, Douglas Commerce, 1938-39; Ambassador to Yugo d irector, Flexible Co.; director, Mead Corp.; Co.; various banking and financial posts in slavia; Trustee, Export-Import Bank, 1938-39. director, National Cash Register Corp.; presi Nebraska. Business connections: Assistant to presi dent, Thomas Alva Ed1son Foundation, Inc. Thomas B. McCabe: Government posts: dent; J. G. White Engineering Corp., 192::1 ; Allan B. Kline: Government post: Public Chairman, Board of Governors, Federal Re E. I. du Pont de Nemours Co., 1921-22; Advisory Board, Economic Cooperation Ad serve System; Business Advisory council, De executive vice president and director, Na ministration. Business connections: Pres partment of Commerce, 1940; Director, Di· tional Broadcasting Co., 1932-36; chairman ident, Iowa Life Insurance Co., 1945-47; pres vision of Priorities, Office of Production of board, F.KO-Keiths, 1939-43; chairman of ident, Iowa Farm Mutual Insurance Co., Management, 1941; Deputy Lend-Lease Ad board, Ogden Corp. (Utilities Power & Light 1944; president, Iowa Plant Food Co., 1945- ministrator, 1941-42; special assistant, Sec Co.); director, Eversharp, Inc., Consolidated· 47; director, Federal Reserve Bank of Chi· retary of State, 1945-46. Business connec Vultee, Cercast Corp., Wah Chang Smelting cago. tions: President, Scott Paper Co.; director, & Refining Co. of America, General Analine William S. Knudsen: Government posts: Federal Reserve Bank of Philadelphia, 1938- & Film Corp. Director General, Office of Production Man 48; chairman of board, 1939-48. Edwin W. Pauley: Government posts: agement; lieutenant general in Army in John J. McCioy: Government post: High Special representative of President Roosevelt charge of War Department Production. Commissioner to Germany. Business con as Liaison Officer to United States and Brit Business connections: Executive vice presi nections: Associated with a number of ish Government agencies to obtain tankers, dent, General Motors; president, Chevrolet prominent corporate law firms; director, 1940-41; SJ:-~cial representative for Coordi Motor Co. Union Pacific Railroad. nator for War in Europe, 1941; represented Senator HERBERT LEHMAN: Government Harry A. McDonald: Government posts: President Truman with rank of Ambassador posts: State Department; headed UNRRA Nominated as head of Reconstruction on Reparations Committee, 1945-47; adviser program. Business connection: Partner, Finance Corporation; former chairman, Se to Secretary of State on Reparations, 1947; Lehman Bros., New York banking house. curities Exchange Commission. Business special assistant to Secretary of the Army, Robert A. Lovett: Government posts: Sec conections: Investment banker; partner, 1947-48; nomination turned down as Under retary of Defense; Under Secretary of State, McDonald-Moore Co.; director, Union In Secretary of the Navy. Business connectons: Under Sercetary of Defense. Business con vestment Oo., Crowley-Milner Co., Ryerson Oil corporation executive; founder of Petrol nections: Partner in investment firm of Haynes, Inc. Corp.; president, Fortuna Petroleum Corp., Brown Bros., Harriman & Co., 1926-40 George C. McGhee: Government posts : As since 1933, Seaboard Royalty Co., since 1935; (Averell Harriman) ; board of directors, Los sistant Secretary of State, 1949-52; named organized People's Bank, Lakewood, Calif.; Angeles & Salt Lake Railroad, Oregon as Ambassador to Turkey; War Production director, Griffiith & Legg Construction Co.; Washington Railroad, Short-Line Railroad, Board, 1941-42; Combined Raw Materials partner, John S. Griffith, builders and de Un ion Pacific Railroad, Royal-Liverpool Board, 1942-43; Special Assistant Under velopers, Lakewood, Calif. Group Insurance Cos., New York Life Insur Secretary of State, 1947; Coordinator for Aid William D. Pawley: Government posts: ance Co. to Greece and Turkey, 1947. Business con Special assistant to Secretary of Defense Charles Luckman: Government posts: nections: Atlantic Refining Co.; Continental Lovett; special assistant to Secretary of Member, President's Committee on Equality Oil Co.; vice president, National Geophysics State, 1951; Ambassador to Peru, 1945-46, of Treatment and Opportunity in the Armed Co., 1937-40; partner, DeGolyer, MacNaugh and Brazil, 1946. Business connections: Services, 1948; National Industrial Confer ton & McGhee, oil producers; director, Aviation executive; wealthy; president, Com ence Board; chairman, Citizens Food Com Pantepec Oil Go., Venezuela, Great National pania Nacional CUbana de Aviacion, 1927-33; mittee, 1947; President's Committee on Civil Life Insurance Co. president, China National Aviation Corp.; Rights. Business connections: President, J. Howard McGrath: Government posts: · 1933; president, Intercontinent Corp., New Lever Brothers Co., since 1926, held other Attorney General; Solicitor General. Busi York, 1934-45; president, Central Aircraft posts on way up; d1rector, Harriet Hubbard ness connections: Wealthy attorney known Manufacturing Co., 1934-38; president, Hin Ayer, Inc., Pepsodent Co., Philippine Refin to have numerous business interests, hotels, dustan Aircraft, Ltd., India, 1941-43. ing Co.; chairman of board, John F. Jelke and so forth. George W. Perkins: Government posts: As Co .. Chicago. Joseph M. Mehl: Government post: Ad sistant Secretary of State; Economic Cooper Lincoln MacVeagh: Government posts: ministrator, Commodity Exchange Author ation Administration; Post Office Depart Ambassador to Spain (pending); former ity. Business connections: Association with ment, and others. Business connections: Ambassador to Portugal, Greece, Yugoslavia, Farmers' Grain Co; large grain market op Executive vice president and director, Merck and Ministerial posts in Iceland, Union of erator. & Co.; director, Bear Mountain-Hudson River South Africa. Business connections: For Abbott L. Mills, Jr.: Government post: Bridge Co.; vice president, Bird & Bottle, merly employed by United States Steel; Nominated to Federal Reserve Board. Busi Ltd.; director, City Bank Farmers Trust Co., President, Dial Press, 1923-33. ness connections: Oregon banker; vice presi of New York; executive vice president, treas Roswell Magill: Government posts: Chief dent, United States National Bank of Port urer and director, Powers-Weightman-Rosen Attorney, United States Treasury, 1923-25; land; director, United States National Corp.; garten Corp.; president and director, Experi Assistant to Secretary of Treasury, 1933-34; father was a banker; national authority on mental Plantations, Inc. Under Secretary of Treasury, 1937-38. Busi credit. Howard C. Petersen: Government posts: ness connections: Economist; attorney, law Under Roosevelt, helped draw up draft reg firm, Cravath, Swaine & Moore; tax specialist Henry Morgenthau, Jr.: Government posts: Secretary of the Treasury; head of ulations for World War II; Assistant to Un who has been employed by foreign govern der Secretary of War; Assistant Secretary of ments, including Cuba, and several States Federal Farm Board, Farm Credit Adminis tration, 1929. Business connections: Chair War, 1945-47. Business connections: Ex including Connecticut; public .governor, New ecutive vice president, Philadelphia Trust York Stock Exchange, 194o-41; trustee, Mu man, Modern Industrial Bank & Palestine Corp.; Underwood Corp. Co.; member Wall Street law firm, Cravath, tual Life Insurance Co. of New York, Sea Swaine & Moore. man's Bank for Savings. Donald M. Nelson: Government posts: Former head of War Production Board; Of Sumner T. Pike: Government posts: Mem Charles A. Marshall: Government posts: ber, Atomic Energy Commission; Office of Mutual Security Agency mission head to Ice fice of Production Management; personal representative of President to China, Russia. Price Administration; Securities Exchange land, also Minister; Economic Cooperation Commission; adviser to Secretary of Com Administration mission head to Iceland. Business connections: Executive vice presi Business connections: Attorney, represented dent and chairman, executive committee, merce. Business connections: Long asso British financial institutions on properties in Sears, Roebuck & Co.; chairman of board, ciation with Wall Street mining firm; sec retary, Continental Insurance Co.; assistant Mexico and Costa Rica; director, Atlantic & Electronized Chemicals Corp.; former presi Pacific International Corp, 1928-32; general dent, Motion Picture Producers Association. to president, G. Amsinck & Co.; vice presi counsel and director, Hunter Manufacturing Paul H. Nitze: Government posts: Direc dent and director of Case Pomeroy & Co. of New York; long record of association with Corp., 1931-48. tor, Policy Planning Staff, State Department; Gen. George C. Marshall: Government also held official positions with Board of utility companies. posts: Secretary of Defense; author of Mar Economic Warfare, War -Department and Oliver S. Powell: Government post: Board shall plan; Secretary of State. Business con other agencies. Business connections: For of Governors, Federal Reserve System. nection: Director of Pan-American Airways. mer partner Dillon, Read & Co., Wall Street Business connections: first vice president, William Mcchesney Martin, Jr.: Govern investment house; director, Rubber Devel Federal Reserve Bank of Minneapolis; Na ment posts: Chairman, Federal Reserve opment Co., United States Commercial Co.; tional City Bank of New York. Board; Director, International Bank for Re P.H. Nitze & Co., investment firm. Roger L. Putnam: Government posts: Eco construction and Development. Business Edward L. Norton: Government post: nomic Stabilizer; Deputy Director, Office of connections: Governor and former president Board of Governors, Federal Reserve System. Contract Settlement, 1944-46. Business con of New York Stock Exchange; New York Business connections: Director, Munger nections: Manufacturer of package ma stockbroker; member, Martin, Peper & Mortgage Co.; president and director, Coosa chinery, president, Package Machinery Co.; Martin. · River Newsprint Co.; director, First National director, Perkins Machine & Gear Co.; Third 5560 CONGRESSIONAL RECORD- S:SNATE May 20 National Bank and Trust Co., Springfield, nections: Vice president, First National tratlon; Federal Alcohol Control Adminis Mass.; director, Van Norman Co. Bank, St. Louis; served in official capacity in tration; Deputy Assistant Secretary of State. Philip D. Reed: Government posts: Office banks in Arkansas and Missouri. Business connections: Trustee, Associated of Production Management; War Production Laurence A. Steinhardt: Government Gas & Electric Corp.; director, General Pub Board; United States Advisory Commission posts: Minister to Sweden, 1933-37; Ambas lic Utilities Corp.; official with Dun & Brad on Informat ion: Deputy Chief to London for sador to Peru, 1937-39; Russia, 1939-41; Tur street, Inc.; chairman of board, New York, Harriman Mission, 1942-43; Chief of Mis key, 1942-45; Czechoslovakia, 1945-48; Can Pennsylvania, New Jersey Utilities Co.; di sion for Econ omic Affairs, rank of Minister, ada, 1948. Business connections: New York rector, General Gas & Electric Corp.; di 1943-45. Business connections: Chairman attorney; member, Guggenheimer, Untermyer rector, United Coach Co. of Board, General Electric Co.; International & Marshall, 192'l-33; specialist in economics. James K. Vardaman, Jr.: Government General Electric Co.; vice president, Van Edward R. Stettinius, Jr.: Government posts: Former naval aide to President; mem Heusen Products, Inc.; director, Bankers posts: Secretary of State, 1944-45; Office ber, Board of Governors, Federal Reserve Trust Co., Metropolitan Life Insurance Co .• of Production Management; Lend-Lease Ad System. Business connections: vice presi Hoving Corp., the Liberia Co. ministration; Chairman, War Resources dent, First National Bank of St. Louis; presi Delos W. Rentzel: Government posts: Board, 1939. Business conections: Father dent, Tower Grove National Bank of St. Member, Civil Aeronautics Board; Adminis was partner of J. P. Morgan: vice president, Louis. trator, Civil Aeronautics Administration. General Motors; vice chairman, finance com Frank C. Walker: Government posts: Post Business connections: Director of communi mittee, United States Steel; chairman of master General, 1940; head, National Emer catio?ls, American Airlines; president, Aero board, United States Steel. gency Council, 1933-35; alternate repre nautical Radio, 1943-48. Robert T. B. Stevens: Government posts: sentative t~ United Nations Assembly, 1946. James J. Reynolds, Jr.: Government post: National Recovery Administration, 1933; Business connections: Attorney (Walker & Member, National Labor Relations Board. beaded textile branch, National Defense Ad Walker), Anaconda Copper Co. was one of Business connections: Member, New York visory Commission, 1940; head, Office of his clients; movie chain executive; presi Stock Exchange, 1934-39; partner, Town Production Management for New York area, dent, Comerford Theaters, Inc., Comerford send, Graff & Co., 1934-37; partner, Naumberg 1941. Business connections: Textile manu I?ublic Corp., Meco Realty Corp.; director, & Reynolds, 1937-39; assistant to president, facturer; chairman of board, J. P. Stevens First National Bank of Scranton. United States Pipe & Foundry Co., Burling & Co.; director, Federal Reserve Bank of New James Paul Warburg: Government post: ton, N. J., 1939-43. York, General Electric Corp., General Foods Deputy Director, Office of War Information, Donald R. Richberg: Government posts: Corp., Jackson Mills, Marion (N. C.) Manu 1942-1944. Business connections: Vice Special Assistant to Attorney General, 1935, facturing Co., New York Telephone Co., Alex chairman of board, Bank of Manhattan; to argue National Recovery Administration ander Smith & Sons Carpet Co., Whitney director, Polaroid Corp.; vice president, In case; co-author Labor Railway Act, 1926; co Hanson Industries, Inc., Hartford, Conn. ternational Acceptance Bank of New York; author National Industrial Recovery Act, Henry L. Stimson: Government posts: director, Union Pacific Railroad, Los Angeles 1933; General Counsel, National Recovery Ad Secretary of War, 1940-45 (Roosevelt and & Salt Lake Railroad, Oregon-Washington ministration 1933-35; Executive Director, Truman); also served in cabinets under Railroad, Oregon Short Line Railroad, the National Emergency Council, 1935-37. Presidents Taft (War), and Hoover (State). Southern Farmer; president, Fontenay Corp., Business connections: Corporation lawyer; Business connection: Member, New York law Bydale Co. member, Davies, Richberg, Beebe, Busick & firm, Winthrop & Stimson. James E. Webb: Government posts: Direc Richardson; general counsel, National Con Nathan Straus: Government posts: Ad tor, Bureau of the Budget, 1946-1949; exec ference on Valuation of Railroads, 1923-33; ministrator, United States Housing Author utive secretary to Under Secretary of the chief counsel for railway unions in Govern ity, 1937-42; National Emergency Council. Treasury, 1946; Under Secretary of State, ment injunction suit, 1922. Business connections: Business executive; 1949, resigned, 1952. Business connections: Nelson Rockefeller: Government posts: chairman of board of directors, Nathan Personnel director and assistant to presi Former Assistant Secretary of State; co Straus-Duparquet, Inc.; Hillside Housing dent, Sperry Gyroscope Co., 1936-41, sec ordinator for Inter-American Affairs. Busi Corp.; president, Radio Station WMCA. retary and treasurer, 1941-1943, vice presi ness connections: Grandson of John D. Lewis Lictenstein Strauss: Government dent, 1943-1944; assistant secretary, Sperry Rockefeller; head of Rockefeller Center; post: Member, United States Atomic Energy Corp., 1943-1944; associated with firm, Gard Standard Oil interests. Commission. Business connections: Direc ner, Morrison & Rogers, Washington, D. C., Beardsley Rum!: Government post: Au tor, United States Leather Co., United States 1945-1946. thor-adviser on present pay-as-you-go with Rubber Co., General American Transporta Sidney James Weinberg: Government holding system on Federal income taxes. tion Corp., Commercial Investment Trust, posts: Assistant Director of Purchases, Office Business connections: Executive, R. H. Macy Hudson-Manhattan Railroad Co.; partner, of Production Management; Assistant to & Co., chairman of board since 1945, formerly Kuhn, Loeb & Co. Chairman, War Production Board, 1944. Bus treasurer; assistant to president, Carnegie W. Stuart Symington: Government posts: iness connections: Investment banker; Corp. of New York; director, Muzak Corp.; Head, Reconstruction Finance Corporation; partner, Goldman, Sachs & Co., since 19~7; chairman, Federal Reserve Bank of New York Secretary of the Air Force, 1950; Surplus director, Cluett, Peabody & Co., Inc., Con City; director, National Bureau of Economic Property Administrator, 1945-46; Assistant tinental Can Co., General Cigar Co., General Research; director, Encyclopaedia Brittanica Secretary of War, 1946-47. Business con Electric Co., General Foods Corp., B. F. Good Films, Inc.; General American Investors Co. nections: President and chairman of board, rich Co., Lambert Co., Madison Square Gar Charles E. Saltzman: Government po!lt: Emerson Electric Co., Rustless Iron & Steel den Corp., McKesson & Robbins, Inc., Na Assistant Secretary of State. Business con Co., Baltimore, 1935- 37, Symington Cos., tional Dairy Products Corp., Sears Roebuck nections: Commercial manager, New York Rochester, N. Y., 1923-30; president, Co & Co., Van Raalte Co., Inc., International Telephone Co.; vice president, New York lonial Radio Co. General Electric Co.; governor, New York Stock Exchange. Myron C. Taylor: Government posts: Stock Exchange, 1938-1940; governor, In Charles Sawyer: Government posts: Secre Former personal envoy of President to the vestment Bankers Association of America; tary of Commerce; Ambassador to Belgium; Vatican; State Department consultant. Bus member, New York Curb Exchange. Minister to Luxembourg. Business connec iness connections: Member, executive com Cornelius Vanderbilt Whitney: Govern tions; partner, law firm, Dinsmore, Shohl, mit