8394 CONGRESSIONAL RECORD-SENATE JULY 8 Mr. KNUTSON: Committee on Ways 11nd By Mr. POULSON: their resolution with reference to endorse Means. H. R. 4069. A bill to terminate cer H. J . Res. 227. Joint resolution to authorize ment of H. R. 2716; to the Committee on tain tax provisions before the end of World commenUnited States; to the Committee on the the expiration of the recess. benefits among members of the Nurse Corps Judiciary. Rev. Albert Joseph McCartney, D. D., of the Army and the Navy, and for other pur By Mr. GEARHART: minister emeritus, Covenant-First Pres poses; to the Committee on Armed Services. H. J. Res. 230. Joint resolution proposing byterian Church, Washington, D. C., By Mr. FARRINGTON: an amendment to the Constitution of the ·off-ered the following prayer: H. R. 4091. A. bill to ratify Act 237 of the United States providing for the -election of Session Laws of Hawaii, 1947; to the Com President• and Vice President; to the Com 0 Thou who hast made of one blood all mittee on Public Lanes. mittee on the Judiciary. kingdoms and tongues and peoples for to By Mr. BENNETT of Missouri: dwell together upon the face of the earth, H. R. 4092. ·A bill to promote the safety and health of employees engaged in baggage, mail, MEMORIALS today our thoughts go out across the seas or express-train service in interstate com Under clause 3 of rule XXII, me to consider the welfare of peoples less merce by requiring common carriers by rail morials were presented and referred as fortunate than ourselves. Help Thy road and any express company to install and follows: servants of this body to make a true and maintain all such cars and equipment used understanding ·appraisal of the tragic or furnished by them for such purposes in By the SPEAKER: Memorial of the Legis situation that affects our fellow men. safe and suitable conditions for use in the lature of the State of. California, memorial izing the President and the Congress of the Give us this day the wisdom that cometh service for which they are put; to the Com down from above and is profitable to mittee on Interstate and Foreign Commerce. United States relative to nondeductible in By Mr. GARY: come of recipients of old-&ge aid; to the direct. Open our eyes that we may see Committee on Ways and Means. H. R. 4093. A bill to reduce individual in all things in their right perspective. come tax payments; to the Committee on Also, memorial of the Legislature of the Keep our hearts sensitive and sympa State of California memorializing the Presi thetic to their needs, and according to our Ways and Means. dent and the Congress of the United States By Mr. LYNCH: to enact legislation adequate to stamp out capacity may we share with generosity H. R. 4094. A bill to :"orbid the interstate and abolish the evil of lynching; to the Com the bounties of our abundant life and the transportation of fireworks in certain cases, mittee on the Judiciary. blessings of our free enterprise. and for other purposes; to the Committee on For our own dear land we pray that in Interstate and Foreign Commerce. humility and gratitude we may prove By Mr. BLAND: PRIVATE BILLS AND RESOLUTIONS H. R. 4095. A bill to authorize a bridge, ever more worthy of Thy mercies, which roads and approaches, supports and bents, or Under clause 1 of rule XXII, private are new every morning and fresh every other structures across, over, or upon lands of bills and resolutions were introduced and evening. the United States within the limits of ·the severally referred as follows: In Jesus' name. Amen. Colonial National Historical Park at or near By Mr. BARRETT: THE JOURNAL Yorktown, Va.; to the · Committee on Public H. R. 4103. A bill for the relief of Charles Works. M. Davis; to the Committee on the Judiciary. On request of Mr. WHITE, and by unan By Mr. ENGLE of California: By Mr. FARRINGTON: imous consent, the reading of the Journal H. R. 4096. A bill to direct the Secretary ot H. R. 4104. A bill for th~ relief of Mrs. of the proceedings of Monday, July 7, War to prepare an honor roll of the names of Mark Shee Chu; to the Committee on the United States citizens who died while serving 1947, was dispensed with, and the Journal Judiciary. was approved. in the Royal Air Force or the Flying Tigers By Mr. OWENS: during World War II; to the Committee on H . R. 4105. A bill for "the relief of Wpan MESSAGES FROM THE PRESIDENT-AP Armed Services. Jan Loperny; to the Committee on the Ju PROVAL OF BILL AND JOINT RESOLU By Mr. FLETCHER: diciary. TION H. R. 4097. A blll to authorize commence ment of an action by the United States to Messages in writing from the President determine interstate water rights in the PETITIONS, ETC. of the United States were communicated Colorado River; to the Committee on the (Tnder clause 1 of rule XXII, petitions to the Senate by Mr. Miller, one of his Judiciary. By Mr. KENNEDY: and papers were laid on the Clerk's desk secretaries, and he announced tt.at the H. R. 4098. A bill to incorporate the Ameri and referred as follows: President had approved and signed the can Division, Inc., World War IT Veterans 724. By Mr. COTTON: Memorial of the Leg following act and joint resolution: Association; to the Committee on the Judi islature of the State of New Hampshire, On June 5, 1947: ciary. memorializing the Congress of the United S. 135. An act to legalize the admission By Mr. PRIEST: States to extend the tax savings appertain into the United States of Frank Schindler. H. R. 4099. A bill to amend the Natural Gas ing to the community-property system to all On July 8, 1947: Act approved June 21 , 1938, as amended; to States of the Union; to the Committee on S: J. Res. 124. Joint resolution to enable the Committee on Interstate and Foreign Ways and Means. the President to utilize the appropriations Commerce. 725. By Mr. LANE: Petition of the Board for United States participation in the work By Mr. SABATH: of Aldermen, Chelsea, Mass., urging immedi of the United Nations Relief and Rehabili H. R. 4100. A bill to modify the require ate passage of the Taft-Ellender-Wagner tation Administration for meeting adminis ments relating to lifesaving appliances on housing bill; to the Committee on Banking trative expenses of United States Govern passenger vessels navigating the Great Lakes; and Currency. ment agencies in connection with United to the Committee on Merchant Marine and 726. By the SPEAKER: Petition of Mis Nations Relief and Rehabilitation Adminis Fisheries. · souri River States Committee, petitioning tration liquidation. By Mrs. SMITH of Maine: consideration of their resolution with refer MESSAGE FROM THE HOUSE H. R. 4101. A bill to authorize lump-sum ence to flood control in the Missouri River payments to Air Corps Reserve otficers who Basin; to the Committee on Appropriations. A message from the House of Repre are selected for commission in the Regular 727. Also, .petition of the International sentatives, by Mr. Maurer, one of its Army; to the Committee on Armed Services. Telecommunications Conferences, petitioning reading clerks, announced that the By Mr. WOLVERTON: consideration of their resolution with refer H. R. 4102. A bill to promote the progress ence to reaffirming warm friendship for the House had passed, without amendment, of science; to advance the national health, United States of America; to the Committee the following bills and joint resolution prosperity, and welfare; to secure the na on Foreign Affairs. of the Senate: tional defense; and for other purposes; to the 728. Also, petition of various citizens of S. 665. An act to reimburse certain Navy Committee on Interstate and Foreign Com the Sixth Congressional District, State of personnel and former Navy personnel "for merce. ·washington, petitioning consideration of money stolen or obtained through false pre- 1947 CONGRESSIONAL RECORD-· SENATE 8395 tenses from them while they were on duty H. R.1337. An act authorizing a per capita H. R. 3173. An act relative to restrictionfl at the United States naval training station, payment of $50 each to the members of the applicable to Indians of the Five Civilized Farragut, Idaho; Red Lake Band of Chippewa Indians from Tri.bes of Oklahoma, and for other purposes; S. 686. An act to provide for the construc the proceeds of the sale of timber and lum H. R. 3214. An act· to revise, codify, and tion, extension, and improvement of public ber on the Red Lake Reservation; enact into law title 28 of the United States school buildings in Owyhee, Nev.; H. R. 1554. An act to amend the act en Code entitled "Judicial Cod~ and Judiciary"; S. 723. An act to authorize the preparation titled "An act providing for the transfer of H. R. 3219. An act to authorize the Federal of preliminary plans and estimates of cost the duties authorized and authority con Works Administrator or officials of the Fed for an additional office building for the use ferred by law upon the board of road com eral Works Agency duly authorized by him to of the United States Senate; missioners in the Territory of Alaska to the appoint special policemen for duty upon S. 816. An act to repeal the Post Roads Act Department of the Interior, and for other Federal property under the jurisdiction of of 1866, as amended, and for other purposes; purposes," approved June 30, 1932; the Federal Works Agency, and for other S. 980. An act to amend the act entitled H. R. 1609. An act to authorize the Legis purposes; "An act to define the area of the United lature of the Territory of Alaska to provide H. R. 3247. An act to provide basic author States Capitol Grounds, to regulate the use for the exercise of zoning power in town sites ity for the performance of certain functions thereof, and for other purposes," approved on the public lands of the United States; and activities of the Coast and Geodetic Sur July 31, 1946; vey, and for other purposes; S. 1231. An act authorizing and directing H. R. 1810. An act to amend the Criminal Code and certain other legislation to permit H. R. 3322. An act to facilitate rights-of the Commissioner of Public Buildings to de way through restricted Osage Indian land, termine the fair market value of the Fidelity part-time referees in bankruptcy to act as agents or attorneys for claimants against the and for other purposes; Building in Kansas City, Mo., to receive bids H. R. 3323. An act to enable the Osage for the purchase thereof, and for other pur United States; H. R. 1938. An act to authorize the contri Tribal Council to determine the bonus value poses; of tracts offered .for lease for oil, gas, and S. 1316. An act to establish a procedure for bution to the International Children's Emer facilitating the payment of certain Govern gency Fund of the United Nations of an other mining purposes, Osage Mineral Reser amount equal to the moneys received by the vation, Okla.; ment checks, and for other purposes; H. R. 3343. An act to amend the Alaska S.1420. An act to authorize the issuance Selective Service System for the services of pF:rsons assigned to work of national impor game law; of certain public-improvement bonds by the H. R. 3350. An act relating to the rules for Territory of Hawaii; . tance under civilian direction pursuant to section 5 (g) of the Selective Training and the prevention of collisions on certain inland S. 1421. An act to provide for the appoint waters of the United States and on the west ment of one additional Assistant Secretary Service Act of 1940; H. R. 1995. An act to amend the Civil Serv ern rivers, and for other pprposes; of Commerce, and for other purposes; and H. R. 3376. An act to ratify and confirm S. J. Res.122. Joint resolution consenting ice Retirement Act ·of May 29, 1930, as amended, to provide for the return of the Act 10 of the Session Laws of Hawaii, 1947, to an interstate oil compact to conserve oil extending the time within which revenue and gas. amount of deductions from the compensation of any employee who is separated from the bonds may be issued and delivered under The message also announced that the service or transferred to a position not with chapter 118, Revised Laws of Hawaii, 1945; House ·had agreed to the amendment of in the purview of such act before completing H. R. 3395. An act to add certain lands to the Senate to the bill
H. R. 3672. An .act to create an Academic PETITIONS plified by "witch hunts" carried on in the Advisory Board for the United States Mer name of patriotism. The appeal to patriot chant. Marine Academy; Petitions were laid before the Senate ism has many times been the last refuge of H. R. 3679. An act to enable the Legisla and referred as indicated: ican of au. un-American activities are exem ture of the Territory of Hawaii to authorize By the PRESIDENT pro tempore: some of the world's greatest scoundrels. The the city and county of Honolulu, a mu A resolution adopted by the International Veterans of Foreign Wars, Department of nicipal corporation, to issue sewer bonds; Telecommunications Conference, at Atlan Idaho, warns you to beware of those .individ H. R. 3690. An act to amend the Federal tic City, N. J., reaffirming its warm friend uals who use race and religion as appeals to Tort Claims .A:ct; ship for the United States, and expressing prejudice. The Veterans of Foreign Wars H. R. 3759. An act to amend the act en deep appreciation for the great contribu further warns you to beware of those who titled "An act to provide that the United tions made by the United States to the cause appeal to your patriotism and then call you l:>tates shall aid the States in the construc of democracy; to the Committee on Foreign Communist or Fascist because you disagree tion of rural post roads, and for other pur Relations. with their political opinions or ambitions. poses," approved July 11, 1916, -as amended A resolution adopted by the Missouri River The members of the Veterans of Foreign States Committee in meeting · at Omaha, and supplemented and for other purposes; Wars, aU of whom tread foreign soil in the Nebr., relating to flood control in the Mis fight for democracy and Americanism con H. R. 3767. A bill to provide for the protec souri River Basin; to the Committee on Pub demn as un·American those character as tion, preservation, and exten sion of the sock lic Works. sassins who make unfounded charg~::s of eye salmon fishery of the Fraser River sys communism, fellow travelers, or fascism tem, and for other purposes. COMMUNISTIC INFLUENCES IN THE merely because of differing opinions on pub H R. 3958. An act to extend temporarily UNITED STATEs-RESOLUTION BY VET: lic affairs. The members of this organization the time for filing applications for patents ERANS OF FOREIGN WARS, DEPART are likewi::;e unalterably opposed to commu and for taking action in the United States MENT OF IDAHO nism, fascis.m, nazism, and all other ·•isms" Patent Office w(th respect thereto; and with the one exception of Americanism. H. R. 4017. An act to amend the Armed Mr. TAYLOR. Mr. President, in these Forces Leave Act of 1946 to provide that days of loose charges and counter REPORTS OF COMMITTEES bonds issued under such act shall be re charges, both in and out of Government, The following reports of committees deemable at any time after September 1, on the subject of Communistic influences were submitted: 1947, to permit settlement and compensa in the United st"ates, I was particularly tion under such act to be made in cash, pleased at the sound approach which has By Mr. AIKEN, from the Committee on and for other p~poses. Expenditures in the Executive Departments: been voiced by the Department ot Idaho, S. 1512. A bill to improve accounting with ENROLLED BILLS SIGNED Veterans of Foreign·wars. in the Federal Security Administration, to The Idaho VFW, meeting recently at authorize intra-agency transfers and consoli The message further announced that Pocatello, approved a firm resolution dations of appropriations by the Federal Se the Speaker had affixed his signature to condemning witch hunts and overzeal curity Administrator, and for other purposes; the following enrolled bills, and they were ous individuals and groups which seek with an amendment (Rept. No. 451). signed by the President pro tempore: to smear Americans by calling them By Mr. SALTONSTALL, from the Commit H. R. 811. An act for the relief of J. F. communistic or fascistic. tee on Armed Services: Powers; and S. 929. A bill to amend section 2 of the The authors C'f the resolution are two act prescribing regulations for the Soldiers' H. R. 3861: An act to allow to a successor prominent members of the VFW in railroad corporatio~ the benefits of certain Home located at Washington, in the Dis carry-overs of a predecessor corporation for Idaho, ·Mr. Robert L. Summerfield, of trict of Columbia, and for other purposes, • the purposes of certain provisions of the In Twin Fall~. Idaho, a World War II vet approved March 3, 1883 (22 Stat. 564); with ternal Revenue Code. eran, and Axel Rosenlund, World War I out amendment (Rept. No. 452). veteran and former mayor of Coeur By Mr. ROBERTSON of Wyoming, from· TRANSACTION OF ROUTINE BUSINESS d'Alene, Idaho. the C:>mmittee on Armed Services: By unariimous consent, the following Mr. President, I ask unanimous con S. 474. A bill for the relief of Samuel E. routine business was transacted: sent that the resolution be printed in Belk; without amendment (Rept. No. 454). the RECORD. By Mr. TYDINGS, from the Committee on EXECUTIVE COMMUNICATIONS, ETC. There being no objection, the resolu Armed Services: S. 703. A · bill to authorize the carrying The PRESIDENT pro tempore laid be tion was ordered to be printed in the of Civil War battle streamers with regi fore the Senate the following letters, RECORD, as follows: mental colors; with amendments (Rept. which were referred as indicated: Resolved, That the Veterans of Foreign No. 455). REPORT OF BOARD OF GOVERNORS, FEDERAL Wars of the Ui"lited States, Department of By Mr. WILSON, from the Committee on REsERVE SYSTEM Idaho, in its regular State encampment in Armed Services~ A lett er from the Chairman of the Federal Pocatello, Idaho, on June 11, 1947, goes on S. 739. A bill authorizing the transfer to Reserve System, transmitting, pursuant to record as endorsing the viewpoint of J. the United States Section, International Jaw, a copy of the annual report of the Board Edgar Hoover, Director of the Federal Bureau Boundary and Water Commission, by the of Governors of the Federal Reserve System, of Investigation, on communism as expressed War Assets Adniinistratio: of a portion ·of in his article on the subject published in the covering operations during the year 1946 Fort Mcintosh at Laredo, Tex., and certain June 9, 1947, issue of the weekly magazine (with an accompanying report); to the Com personal property in connection therewith, mittee on Banking and Currency. Newsweek. without exchange of funds or reimburse The Veterans of Fore~n Wars, Department ment; without amendment (Rept. No. 456). LOUIS L. WILLIAMS, JR. of Idaho, particularly en9-orses the follow By Mr. BALDWIN, from the Committee A letter from the Acting Administrator of ing don'ts as set forth by Mr. Hoover: on Armed Services: , the Federal Security Agency, transmitting a 1. Don't Iabel anyone a Communist unless H. R. 2314. A bill to amend section 12 of draft of proposed legislation for the relief of you have the facts. the Naval Aviation Cadet Act of 1942, as Louis L. Williams, Jr. (with an accompanying 2. Don't confuse liberals and progressives amended, and to amend section 2 of the paper); to the Committee on the Judiciary. with Communists. act of June 16, 1936, as amended, so as to 3. Don't be a party to the violation of the authorize lump-sum payments under the DISPOSITION Olf EXECUTIVE PAPERS civil rights of anyone. When this is done said acts to the survivors of deceased offi A letter from the Archivist of the United you are playing directly in the hands of the cers without administration of estates; St ates, transmitting, pursuant to law, a list Communists. without amendment (Rept. No. 457). of papers and documents on the files of sev 4. Don't let up on the fight against real By Mr. KILGORE, from the Committee eral departments and agencies of the Govern Fascists, the Ku Klux Klan, and other dan- on Armed Services: ment which are not needed in the conduct of gerous groups. _ H. R. 3053. A bill to authorize the Secre business and have no permanent value or his 5. Don't give aid and comfort to the Com-. tary of the Navy to convey to the Territory torical interest, and requesting action look munist cause by joining front organizations, of Hawaii an easeinent for public highway ing to their disposition (with accompanying contributing to their campaign chests or by and utllity purposes in certain parcels of papers); to a Joint Select Committee on ·the championing their cause in any way, shape, land in the district of Ewa, Territory of Disposition of Papers in the Executive De or form. Hawaii; without amendment (Rept. No. partments. 6. Don't fail to make democracy work with 458); . equal opportunity and the fullest enjoyment H. R. 3056. A bill to authorize the Secfe The PRESIDENT pro tempore ap of every American's right to life, liberty, and tary of the Navy to convey to the ·cit'y of pointed Mr. LANGER and Mr. CHAVEz · the pursuit of haP.piness; "furthermore be it Macon, Ga., and Bibb County, Ga., an ease members of the committee on the' part of Resolved, That it is the considered opinion ment for public-road and utility purposes the s~nate. of this organization that the most un-Amer.:. in certain Government-owned lands sit"l,lated 1947 CONGRESSIONAL RECORD-SENATE 8397 in Bibb County, Ga., and for other purposes; promote the export trade of the United • LABOR-MANAGEMENT RELATIONS ACT- without amendment (Rept. 459); and States; and for other purposes; to the Com- QUESTIONS AND ANSWERS H. R. 3252. A bill to authorize the Secre mittee on Finance. [Mr. TAFT asked and obtained leave to tary of t he Navy to convey to the city of By Mr. BROOKS: have printed in the RECORD a list of ques- Long Beach , Calif., for street purposes an S. 1585. A bill for the relief of Mrs. Maud tions and answers relating to the effect of easement in certain lands within the Navy M. Wright and Mrs. Maxine Mills; to the the Labor-Management Relations Act of 1947, housing project at Long Beach, Calif.; with Committee on the Judiciary. which appears in the Appendix.) out amendment (Rept. No. 460). (Mr. BUTLER introduced Senate bill 1586, By Mr. MORSE, from the Committee on · to prohibit the sale of grain and grain prod- MISSOURI RIVER FLOODS-EDITORIAL Armed Services: ucts by Government agencies to foreign pur- FROM CHICAGO SUN s . J. Res. 70. Joint resolution authorizing chasers for export, which was referred to the [Mr. TAYLOR asked and obtained leave to the President to issue posthumously to the Committee on Agriculture and Forestry, and have pr-inted in the RECORD an editorial on late Colonel William Mitchell a commission ·appears mJ.der a separate. heading.) the Missouri River floods which was pub- as a major general, United States Army, and for other purposes; without amendment INVESTIGATION OF HIGH PR!CES OF CON- lished in the Chicago Sun, which appears (Rept. No. 453); . SUM~R GOODS-AMENDMENT in the Appendix.) By Mr. McCARTHY, from the Committee Mr. BALDWIN submitted an amend- AMERICAN VETERA~s· COMMITTEE- on Banking and Currency: . ment intended to be proposed by him to ANNUAL REPORT . ~ - 1293. A bill to enable the Veterans' Ad 'ministration to provide housing units for the concurrent resolution (S. Con. Res. · [Mr. BALDWIN asked and obtained leave ·certain disabled veterans of World War II; ,19) establishing a 3oint committee to in- to h ave printed in the RECORD the annual ·with amendments (Rept. No. 461). ·vestigate high prices of consumer goods, report of. Charles G. Bolte, retiring ~ational which was referred to the Committee on chairman of the American Veterans' . Com- By Mr. MALONE, from the Committee on mittee, given at the organization's second Public Works: Banking and Currency and ordered to be annual convention in Milwaukee, Wis., on S. 418. A bill to provide ior water-pollu printed. June 20, 1947, which appears in the Ap- t ion-control activities in the United States NOTICE OF HEARING ON NOMINATION OF pendix.] Public Health Service, and for other pur poses; with amendments (Rept. No. 462). - PHILIP L. RICE TO BE JUDGE OF THE NOMINATION OF JOE- B. DOOLEY BILLS INTRODUCED FIFTH CIRCUIT, CIRCUIT COURTS, TER- . The l?RESIDENT pro tempore. The RITORY OF HAWAII parliamentary situation is as follows: .' Biils were- introduced, read the first Mr. WILEY. Mr. President, on Under the order of the 2d instant the ti'nie, and, by unani.mous. consent, the ben~lf .of the Committee on the ·Jud!ciary and Senate, in executive session, will at this :seconc;l time, an.d 'refer.red· ai'· follows: in accordance with the rules of the time resume the consideration of the ' . By Mr. BUSHFIELD: ·committee, I desire to give no.tice that nomination of Joe B. Dooley to be United S. 1578. A bill to authorize and direct the ·secretar y of the Interior to issue to Ade l_ia a public h.earing has been scheduled for States district judge for the northern dis Charging Thunder a patent in fee to certam Tuesday, July 15, 1947, at 10 a. m., in trict of T€xas, the time to be equally land; 'tp the Committee on Public La:t;ldS. the Senate Judiciary Committee room, divided; from now to the hour of 4 - By Mr.' McCARRAN: room 424, Senate Office Building, upon o'clock, between those favoring and those s. 1579. A bill for the relief of Damian .the nominat~on, of Philip L. Rice, of opposed to the nomination, to be con .GandJaga; to the Committee on the Judici Hawaii, to b3 judge of the fifth circuit, trolled, respectively, by the senior Sen .ary. circuit courts, Territory of Hawaii, ator from Texas lMr. CoNNALLY] and the By ~ofr. BUTLER: Judge Rice is now serving in this post junior Senator from Texas [1\·ir. s. 1580·. A bill authorizing the issuance of under an appointment which expired O'DANIELJ. ·a patent in fee to.Louise White Cloud Rhodd; 'to the Committee on Fublic Lands. · April 22, 1947. At the indicated time . The Senate, in executive session, re By Mr. HAWKES: and place all persons interested in the suined the consideration of the nomina . S. 1581. A bill to provide additional time nomination may make such representa- tion of Joe B. Dooley to be United Stat es ·to the city of Newark,. N. J. for paying cer tions as may be pertinent. · The subcom- district judge for the northern district, ·t ain iristallmimts on the purchase price of .mittee consists of the Senator from Mis:. of Texas. . ·the Port Newark Army Base, and for ot her souri [Mr. DONNELL], chairman, the Sen- The PRESIDENT pro tempore. The purposes; to the Committee on Armed Serv :ator from Oklahpma [Mr. MOORE]. and pendfng question is on agreeing to the ·ices. · . the Senator from Nevada [Mr. Me- motion of the junior Senator from Texas . By Mr. HOLLAND: · S. 1582. A bill relating to the sale of Paxon CARRAN] · [Mr. O 'DANIEL] to recommit the· nomi- ·Field, buval County, Fla.; to the Commit COMMITTEE MEETINGS DURING SENATE nation to the Committee on the Judi- 'tee on Expenditures in the Executive De SESSION ciary. •partinents. Mr. BUCK. Mr. · President, I ask Mr. WHITE . . I suggest the absence of By Mr. TYDINGS: unanimous GOnsent that the Banking a quorum. . s. 1583. A bill to provide for the convey and Currency Committee may meet today The PRESIDENT pro tempore. The ance to the State of Maryland, for the use at 2 o'clock and tomorrow at 2 o'clock. clerk will call th.; roll. ·of t he University of Maryland, of the north The PRESIDENT pro tempore. With- . The Chief Clerk called the roll. ·ern p~ rtion of a parcel of land previously con st ituting a part of the campus of the univer out objection, consent is granted. The PRESIDING OFFICER (Mr. sity and previously conveyed by the State of Mr. BUCK. Mr. President, I also ask WHERRY in the chair) . Forty-nine Sen- Maryland to the United States for the use of unanimous consent that the Committee ators having answered to their names, a the Bureau of Mines; to the Committee on on the District of Columbia may meet quorum is present. Public Lands. tomorrow afternoon at 2 o'clock. Mr. CONNALLY. Mr. President, a By Mr. MILLIKIN (for himself, Mr. The-PRESIDENT pro tempore. With- parliamentary inquiry. BALL, Mr. BREWSTER, Mr. BUSHFIELD, Mr. BUTLER, Mr. CAIN, Mr. CORDON, out objection, consent is granted. The PRESIDING OFFICER. 'The Mr. DWORSHAK, Mr. ELLENDER, Mr. ADDRESS BY SENATOR WILEY BEFORE Senator will state it. ECTON, Mr. FERGUSON, Mr. FLANDERS, TOWNSEND CONVENTION Mr. CONNALLY. How many commit- Mr. GEORGE, Mr. GuRNEY, Mr. HAY . [Mr. WILEY asked and obtained leave to tees of the Senate are now sitting under DEN , Mr. HOLLAND, Mr. JOHNSON Of have printed in the RECORD an address de- permission from the Senate for the Mem Colorado, Mr. MARTIN, Mr. McFAR livered by him before the Townsend National bers thereof to absent themselves from LAND, Mr. MAGNUSON, Mr. MORSE, Mr. convention, Washington, D. c., June 28, 1947, the Senate? MURRAY, Mr. MALONE, Mr. OvERTON, which appears in the Appendix.] The p 'RESIDING OFFICER. The Mr. O~MAHONEY, Mr. PEPPER, Mr. RoB ERTSON Of Wyoming, Mr. RUSSELL, Mr. PROPOSEP TAX FOR THE SUPPORT OF Chair has been informed by the Parlia- TAYLOR, Mr. THYE, Mr. VANDENBERG, LIQUOR CLINICS mentarian that one committee is now sit- Mr. WHERRY, Mr. WATKINS, and Mr. [Mr. CAPPER asked and obtained leave to ting, having obtained unanimous con YOUNG): have printed in the RECORD an excerpt ·from sent yesterday to sit today. S. 1584. A bill to regulate commerce among a statement by Dr. Clinton N. Howard, of Mr. CONNALLY. Is only one com- the several States, with the Territories and Washington, D. c., before the Senate Com- mittee sitting? .possessions of the United States, and with mittee on the District of Columbia, on the The PRESIDING OFFICER. That is foreign countries; to protect the welfare of subject of a proposal to tax liquor adver- the I'nformation the Chair has received consumers of sugars and of those engaged in tising for the support of liquor clinics, which the domestic sugar-producing industry; to appears in the Appendix.] from the Parliamentarian. 8398 CONGRESSIONAL RECORD-SENATE JULY 8 Mr. CONNALLY. Mr. President, an • The Senator from Mississippi [Mr. nection with it. I know nothing about additional parliamentary inquiry. EASTLAND] is absent on public business. the particular matter under corsiders. The PRESIDING OFFICER. The The Senator from South Carolina [Mr. tion by the committee. Senator will state it. MAYBANKJ is unavoidably detained, the The PRESIDING OFFICER. If there Mr. CONNALLY. Will the Presiding airplane on which he was to return to be no objection, the unanimous-consent Officer ask the Parliamentarian to in Washington today having been grounded request of the majority leader is granted. form him where the Senators are who because of adverse weather conditions. To whom does the senior Senator from are not attending the committee meet The Senator from Utah [Mr. THOMAS] Texas yield? ing? Why can we not have a quorum is absent by leave of the Senate, having Mr. CONNALLY. I yield to the Sena present? been appointed a delegate to the Inter tor from New Mexico [Mr. CHAVEZ], for The PRESIDING OFFICER. The national Labor Conference at Geneva, 10 minutes. Chair would suggest to the distinguished Switzerland. Mr. CHAVEZ. Mr. President, the Senator that that is not a parliamentary The Senator from New York [Mr. pending question before the Senate is inquiry. WAGNER] is necessarily absent. whether or not the Senate will advise and Mr. CONNALLY. The inquiry refers Mr. WHITE. Mr. President, perhaps I consent to the nomination of Mr. Dooley to this parliament. am choosing an inappropriate time to . to be judge of the United States District The PRESIDING OFFICER. Forty make a unanimous-consent request, but Court for the Northern District of Texas. nine Senators have answered to their I have been asked to ·request unanimous I would not take the time of the Sen names, and a quorum is present. ccnsent that a subcommitt-ee of the Com ate at this moment to explain my posi Mr. CONNALLY. Forty-nine Sena mittee on the Judiciary now considering tion unless I knew what I was talking tors may have answered, but they are not the Perlman nomination so-called, may about. I fully realize that the matter of here now. be permitted to sit during the session of making recommendations for appoint The PRESIDING OFFICER. The the Senate this afternoon. . ments in the several States is something Senator from Texas, w}lo has been a Mr. CONNALLY. Mr. President, re which shoulu be left to the States. Member of the Senate for many, many serving the right to object-and I shall The question which we are now con years and rendered v-ery valuable serv not object-! wish to say that that com sidering is of extreme importance. I ice to the Senate, is well acquainted with mittee is the very one which had charge shall give the Senate what information the procedure which has now taken place of the matter which is now before the I have concerning the qualifications of in the Senate chamber. Senate. The members of that subcom Mr. Dooley-. This information has been Mr. CONNALLY. I thank the Chair mittee are familiar with the issues here obtained because it so happens that for his very complimentary reference to involved, and their advice ought to be Amarillo, Tex., where Mr. Dooley prac the "many, many, many years" of my made available to the Senate. Y-et, the tices law, is within a stone's throw of my service, but I have not been here that members of that subcommittee, with the State. As a matter of fact, the home of long. [Laughter.] I will say tpat, re sanction of the leadership, desire to ab Mr. Dooley is closer to many parts of the gardless of whether I know about the sent themselves from the Senate in order State of New Mexico than it is to the cap procedure which has taken place, when to hold a meeting of- the subcommittee. ital of the State of Texas. the Senate has important business to I shall not object, but I merely wished to Mr. President, we all love good repu transact and only one committee is sit make that comment. tations. We want to feel that our neigh ting under pe1:mission of the Senate, it Mr. LUCAS. Mr. President, reserving bors bear good reputations. We in New is a grievous reflection on the United the right to object-- Mexico know Mr. Dooley by reputation. States Senate that there should be diffi The PRESIDING OFFICER. Will the We know him personally. He has prac culty in obtaining a quoTum and a great Senator permit the Chair to state the ticed law in our State and is our neigh er difficulty in keeping one after it has parliamentary situation? bor. I would be doing a great injustice been obtained. Under the order entered on the 2d of if I did not tell the Senate the reputa The roll call, as completed for the July, the Senate is now in executive ses tion which he bears as a citizen of Texas Journal and the RECORD, disclosed the sion, considering the nomination of Joe and as a practicing attorney and other presence of 88 Senators, as follows: B. Dooley to be United States judge for things which enter into his reputation Aiken Hawkes O'Conor the northern district of Texas, and the among his neighbors. Baldwin Hayden O'Daniel time between the meeting of the Senate It is very difficult for a Senator to vote Ball Hickenlooper O'Mahoney today and the hour of 4 p. m. today is against a nominee from another State Barkley Hill Overton equally divided between those favoring Brewster Hoey Pepper who bears a fine reputation. In the few Bricker Holland Reed and those opposing the said nomination, brief remarks which I shall make I have Bridges Jenner Revercomb and is controlled, respectively, by the no idea of questioning the motives or Brooks Johnson, Colo. Robertson, Va. senior Senator from Texas [Mr. CoN ·Buck Johnston, S.C. Robertson, Wyo intention of anyone from Texas who Bushfield Kern Russell NALLY] and the junior Senator from might object to Mr. Dooley. I wish I ' Butler Kilgore Saltonstall Texas [Mr. O'DANIEL]. could agree with both Senators from Byrd Knowland Smith The pending question is on agreeing to Texas. However, knowing Mr. Dooley as Cain Langer Sparkman Capehart Lodge Stewart the motion of the junior Senator from I do, knowing his reputation among the Capper Lucas Taft · Texas [Mr. O'DANIEL] to recommit the members of the bench and bar in my Chavez McCarran Taylor nomination to the Committee on the State, and knowing the reputation which Connally McCarthy Thomas, Okla. Cooper McClellan Thye Judiciary. he bears among his neighbors as a man Cordon McFarland Tydings Mr. LUCAS. Mr. President-- of integrity, a man of honesty, a man Donnell McGrath Umstead The PRESIDING. OFFICER. The trained in the law, I would be doing an DWOl.'Shak McKellar Vandenberg Chair recognizes the senior Senator from Ecton McMahon Watkins injustice to him if I did not vote to con Ellender Magnuson Wherry Texas [Mr. CONNALLY] and asks him if firm his nomination. Ferguson Malone White he will yield to the Senator from Illinois. It is not my purpose to interfere with Flanders Martin Wiley Mr. CONNALLY. I thank the Chair Fulbright Millikin Williams the politics of Texas. The citizens of George Moore Wilson for his generosity, but I had not asked to Texas seem to be able to take pretty good Green Morse Young . be recognized. I yield to the Senator care of their politics, and I am willing Gurney Murray from illinois. to let them do so. However, I will say Hatch Myers Mr. LUCAS. I wanted to ask the Sen to the Senate that no man from my State Mr. WHERRY. I announce that the ator from, Maine [Mr. WHITE], the rna who has ever been considered by this Senator from New York [Mr. IVES] is ab - jority leader, how long the committee is body for a judicial office had a better sent by leave of the Senate because of a going to continue to investigate Mr. reputation than has Mr. Dooley. As I death in his immediate family. Perlman. have said, we all appreciate the value of The Senator from New Hampshire [Mr. Mr. WHITE. I know nothing about a good reputation. It is the only thing ToBEY] is necessarily absent because of the case. I have simply acted as inter a man has when the show-down comes. illness in his family. mediary. The request came to me from It would be a great injustice to Mr. Doo Mr. LUCAS. I announce that the Sen the chairman of the subcommittee, and I ley for any Senator who knows him to ator from California [Mr. DOWNEY] is proffered the request to the Senate. I vote against him because of political absent by leave of the Senate. think that ends my responsibility in con- considerations in the State of Texas. r 1947 CONGRESSIONAL RECORD-SENATE 8399 Amarillo is close to us. Let me give a against him either as to his legal ability, should have been confirmed in his ap little geographical background to show attainments, or character. For any one pointment many months ago. Yet, we how close it is to New Mexico. Amarillo Senator to stand upon the floor and make have had the temerity to sit here and is only 100 miles from the city of Clovis, personal objections, to cast aspersions deny to the Supreme Court of the United the home town of my colleague [Mr. upon a character such as we have be States during practically a whole term HATCH]. Amarillo is 72 miles from the f6re us, seems to me, Mr. President, to of that court the services of a Solicitor eastern New Mexico line. Amarillo is smack a little bit of dictatorship. If General. I know something about the within 140 miles of the county seat of this sort of thing can ·happen in the duties of the Office of Solicitor General, Quay County, which was named after a United States Senate when a man of because I had the great distinction of great Republican Senator from the unimpeachable character and ability can serving in that position for a short pe State of Pennsylvania. Citizens of New be refused the positon to which he has riod of time. I know that the Supreme Mexico go to Texas and practice law in been nominated by the President merely Court relies greatly upon the availability Texas. Lawyers from Texas come to because somebody does not like him per of a Solicitor General. The Court has New Mexico and practice law there. So sonally, then I think we are fast heading no one else with whom to discuss the we come to know them. down the road which leads to impos various ramifications of procedure in Mr. President, that is all I have to say sibility on the part of any President of cases in which the United States is a to the Senate. Irrespective of what the United States to secure men of char party before that Court, cases which happens in Texas,-! cannot in good con acter, learning, and ability to fill re involve the life and the liberties of our science vote against Mr. Dooley. sponsible offices of ·Government. people, and millions, yes, billions of dol Mr. President, I give back the re Mr. Dooley is a past president· of the lars. ~our Supreme Court has been de mainder of my time to the Senator from Texas Bar Association. He is a distin nied during the last 4 months, while we Texas. guished lawyer, the father of a splendid have delayed around here, the services Mr. CONNALLY. Mr. President, it family, a member of one of the finest of a Solicitor General. seems to me that the junior Senator law firms in the city in which he lives. So long as I remain a Member of the from Texas [Mr. O'DANIEL] ought to fin He is a lawyer whose name, before it United States Senate. Mr. President, I ish his opening statement at this time, was sent to the Senate, was not even shall try to take a broad view of these if he is so disposed. known to the Senator who is making ob matters and have my voice heard when: The PRESIDING OFFICER. The ever it can be heard, when things are Chair informs the two · Senators from jections to the confirmation ·of his nom ination. Therefore, Mr. President, I can, happening in our committees or ·on the Texas that the time is theirs, and any floor that I think run contrary to the agreement which they may reach will be .for my part, in good conscience, vote for Mr. Dooley and feel that I am not doing great basic principles of our Government adhered to. and of our Constitution. I think that if Mr. CONNALLY. Mr. President, I a disservice to a fellow Senator, because the junior Senator from Texas, in the we deny a judgeship to Joe B. Dooley we yield to the Senator from Rhode Island shall'be taking part in a denial of consti [Mr. McGRATH] such time as he may re testimony which he gave before the com tutional rights, American rights, to a quire. mittee, said he did not know Mr. Dooley distinguished lawyer who, through long, The PRESIDING OFFICER. How before he was nominated-; that he had long years of private and public life, has much time does the Senator require? never met him; that Mr. Dooley had won a name for himself· in his commu Mr. McGRATH. Five minutes. never done anything to injure him or to nity, and with whom we should be glad Mr. President, it is not a very pleas hurt him, and had never said anything and happy to associate our names in ant matter for Senators to be called up about him. How can he be personally voting for the confirmation of his nomi on to take sides on an issue such as that -obnoxious to that Senator? nation. which is now before the Senate of the Mr. Dooley himself testified before the We should also be happy to be given United States. namely, to make a choice committee that he had never in his life a chance to vote for the confirmation of on a matter which is personal to fellow said anything detrimental to the junior the nomination of Mr. Perlman, which Senators. But, since we are forced to Senator from the State of Texas. has not yet been reported from the com devote our time to questions of this kind, So, Mr. Presiden~. basing my convic mittee. I am a member of the subcom rather than attending to urgent public tion upon those broad principles which I mittee which is hearing the evidence. business, I should like to make my per have tried to state here today, namely, There was a meeting scheduled this sonal position clear in the RECORD. that any American citizen whose name morning for 10 o'clock. I was there at • Mr. President, I believe it to be the comes before us for judgment have some 10 o'clock, ready to proceed with the right and duty of the President of the rights which we should respect, I shall hearing, but a Republican Policy Com United States to make appointments to unhesitatingly cast my vote for the con mittee meeting was being held, and the judicial offices throughout the country firmation of the nomination of Joe B. rest of the committee could not proceed. of those men who have been recom Dooley. Therefore I wasted my time sitting mended to him as being qualified to fill Mr. President, while I am on my feet around from 10 o'clock until the Senate such positions. I have sat as a member I want to say that I think that some of convened. of the Committee on the Judiciary of the procedures which have been resorted The people of my State sent me here the Senate and have listened to practi to by committees of the Senate in the to be on the Senate floor when the Sen cally every word of the testimony, which consideration of Presidential appoint ate is in session, and I intend to stay was quite lengthy, regarding the qualifi ments, and some of the things that are here. I should like to be doing my cations of Mr. Joe B. Dooley, of Amarillo, going on now in subcommittees of the whole duty; I should like to be helping -Tex., to be a judge in the United States Judiciary Committee, of which I am a to get the Perlman nomination out of district court for the district in which member of one, are a disgrace to the committee, but I cannot be there because that city is located. I have not heard, American way of doing things. I refer of the procedure which has-been adopted during all the testimony, one single word to what is happening to Mr. Philip Perl by the committee. The committee does that would in any way discredit Mr. man, whose name is before the Judiciary not meet when meetings are called; it Dooley from holding the position of Committee today, and what has been meets when it is convenient for the United States judge to which the Presi happening to him for the past 3 or 4 chairman of the committee to hold the dent has nominated him. months at the hands of a subcommittee meeting, regardless of the time he has Mr. President, I recognize that' we as of the United States Senate, which has advised other Members to be present. I Senators have some personal rights, but seen fit to tear up this man's constitu have sat, Mr. President, in those com I do not believe that the right. of any tional rights, to pry into the privacy of mittee hearings on the nomination of Senator is paramount to the right of his clients, to pry into the privacy of his Mr. Perlman and have been ashamed of an American citizen of good repute who, own affairs, to investigate matters that the questions which have been asked. having consented to allow the use of his are none of the committee's business to I have been ashamed of the denial of name by the President for appointment investigate, and to have delayed the con constitutional rights to this man. I to a high public office, to be confirmed firmation of that particular nomination have deliberately stayed away from a in that office when we find, after search during all of these long months. few of the meetings because I simply ing inquiry, that he is eminently quali Like Joe B. Dooley, Mr. Perlman is a could not be a part of what was happen -fied for the post and nothing is developed distinguished American, a lawyer who ing. "8400 CONGRESSIONAL RECORD-SENATE JULY 8 Mr. President, I say now that as a .had any personal acquaintance with Mr. was employed, and Mr. Dooley personally member of that commitee, fully satisfied Dooley, and never met him until he was attended to the legal affairs, which cov with the qualifications of this distin nominated for this position. ered considerable time, and still persist. guished lawyer, unless his r-omination is Mr. President, I have known Mr. During that period, as well as on other soon reported, I, for one, shall move to Dooley personally and professionally for ·occasions, I had the most intimate per discharge the committee from the fur a number of years. Not only do I have sonal and professional contact with Mr. ther consideration of Mr. Perlman's personal knowledge of Mr. Dooley, his Dooley. nomination so that this American, the character, his "integrity, and his ability Mr. President, all I can say is this: No same as Joe B. Dooley, can have his fair but I also know his general reputation in man can say to me that this nominee is day in court, the court being the floor of that section of the country. I think I not an honorable man, that he is not an the Senate of the United States to which speak with some authority when I say upright citizen, that he is not a good law the President has sent these names and that from my own personal knowledge yer, that he is not in every way qualified where they are entitled to have their and from the general reputation this man to hold this high and important posi nominations passed upon. bears throughout that whole region he is tion. That, Mr. President, founded as I suspect that the -plan is to continue qualified to fill this position. He is qual I have said upon my own personal knowl to delay and drag out these hearings ified as a man, a man of honor, a man of edge and upon the general reputation of until we come to the date of adjourn integrity; and he is qualified as a lawyer. this man, is the reason that I glad:y stand ment, so that the country and the United I challenge any man to bring forth-before here today without hesitation and say States Supreme Court can go through this body any person who knows Mr. a word in behalf of a man whose life and another year without a Solicitor Gen Dooley, or knows his general reputation, character justify every good thing that eral. If that is the plan, I wish to give who will deny what I have said, can be Eaid about a man. notic.! here and now that I shall not be Mr. President, I not only know Mr. Mr. President, when we consider that a party to it, and that at the proper Dooley but I know the members of his law we are dealing with men of this type and time I shall move on the floor of the firm. I know the standing of that firm, character and are confronted with ob Senate to discharge the committee from against which reflection has been cast jections to them, we wonder what the the further consideration of the nomi during this debate. The firm of Under proper function of the Senate of the nation of Philip B. Ferlman. wood, Johnson, Dooley & Wilson is one of United States is and to what extent any Mr. CONNALLY. Mr. President, I the outstanding firms of western Texas. Senator shall be permitted to make an yield to the senior Senator from New I know the individual members of that objection based upon the premise that Mexico [Mr. HATCH] such time as he may firm as well as, or some of them better the nominee is p~rsonally obnoxious to require. than, I know Mr. Dooley. It happens him. The PRESIDING OFFICER. The that Mr. R. C. Johnson and I have been Mr. CHAVEZ. Mr. President, will my Senator from New Mexico is recognized. acquainted since before either of us were colleague yield? Mr. HATCH. Mr. President, I realize lawyers. We both attended the same Mr. HATCH. I yield to my colleague. that we are speaking under a limitation school. The acquaintance we made there Mr. CHAVEZ. Knowing Mr. Dooley as of debate. I do not wish to occupy the has been kept up throughout the years. well as the Senator does, and knowing floor too long. In fact, this morning, The last jury case I tried was in associa his reputation as it is known in New as usual, on the floor of the United States tion with Mr. Johnson. I do not think Mexico, would not the Senator say that Senate, especially during this session, anyone will stand here or any place else the Senator would be doing a grave in which is the worst I have ever seen in and say that Mr. Johnson is not a lawyer justice to him, practically ruining the life that respect, it is more than discourag of integrity and ability; that he does not of a man who has built up a reputation ing to· arise and address the Senate on likewise bear a high reputation in that throughout the years, if it should reject any subject, for the empty seats around region of Texas and in my own State, his nomination? us now are not conducive to argument where he is also well known. Mr. HATCH. In answer to my col or to reasoning. Sometimes I wonder of Mr. Underwood, the senior member of league, who has repeatedly said that Mr. what use it is for a Senator to exert his the firm, has been known throughout Dooley is known in our State, I say again ability and energy, as the Senator from west Texas for a long, long period of that I think he and I know the nominee Rhode Island [Mr. McGRATH] has just time. No man bears a higher reputation better than does either of the Senators done in his eloquent and able address. among the people generally and among from Texas. It is regrettable, Mr. President, that so the members of the bar and the judges Mr. CHAVEZ. The point I am trying to often we speak to empty seats. , than does Mr. Underwood. make is that I actually believe in my On this particular occasion, I shall de With Mr. Wilson I am not so well ac heart that the greatest characteristic part for the few moments from the role quainted. He is a younger man. But I of the American is fair play, and what of United States Senator or the role of take it that the fact that Mr. ·wuson is a would the Senate do to that man, wh9 an advocate. I wish to appear for a little member of this outstanding firm, has bears such a fine reputation, if it should while, perhaps, in the role of what one been taken in as a partner, is sufficient turn him down at this moment? would call a witness, a character witness testimonial as to his ability and as to his Mr. HATCH. My colleague is abso in behalf of the nominee we now con character. lutely correct in his implication. I can sider, the Honorable Joe B. Dooley, of Mr. President, my own experience with think of nothing more injurious to a man Amarillo, Tex. Mr. Dooley as a lawyer could best be than to be nominated for a position of It· happens that I have lived for a long illustrated by the fact that within more trust and responsibility, such as a Fed number of years in the town of Clovis, or less recent years, as counsel for a eral judgeship, and be denied confirma N.Mex., which is close to the Texas line, trust estate involving considerable prop tion, to have cast upon him and his fam and as distances go in our western coun erty and money, it was necessary to have ily forever the stain of a refusal by the try, not far from Amarillo, Tex. In that the services of an attorney in Amarillo, Senate to confirm, when not one single region of my own State, I practiced Tex., where much of the property was word has been brought against the man's law for a number of years, and natu located. The attorney for the beneficiary reputation, or his character or ability. rally I became acquainted with lawyers of the trust-a Fort Worth attorney, by 0 Mr. President, we have a duty to throughout that section -of the country, the way, who lives in this same western perform. There is no question of cour including the western district of Texas. district of Texas-was attorney for the tesy involved. Talk to me about courtesy I came to know them intimately. With Masonic School for Boys Home in Fort when a man's reputation is involved? I all due respect.to the distinguished junior Worth, the chief beneficiary under the desire to be courteous to my fellow Sen Senator from .Texas [Mr. O'DANIELJ, I trust. Before I employed counsel at ators, and I will be on every occasion, but think I am in a far better position to Amarillo, I conferred with him-because, God forbid that I shall ever extend cour testify today before the Senate as to the after all, that school for boys was the tesy in violation of duty. qualifications of this nominee than is one most deeply interested in the proper Mr. President, the junior Senator from the junior Senator from Texas, for the administration of the estate-to deter Texas began his argument with a dis junior Senator from Texas has said be mine what attorney to employ at Ama sertation upon the Constitution of the fore the committee and, I think, here on rillo, Tex. After consultation with him, United States and expressed his high ad the floor of the Senate that he has never the firm of Underwood, Johnson & Dooley miration for the system of checks and 1947 CONGRESSIONAL RECORD-SENATE 8401 balances which that great document public opinion. I am persuaded that any sonally obnoXious objection; but in order provides. Yet, to use the rule of personal body of men as numerous as the Senate, to make it effective, he must be able to possessing such a power, however pure they obnoXiousness is to violate the very prin may have been originally, will be corrupted sustain it by reason and by sufficient ciple of checks and balances. I say that by it, and will corrupt others. grounds. In the course of the argument because, as we all know, in establishing a here on the floor, reference has been system of checks and balances and pro Mr. President, that is the statement made to the position of our former dis viding for separation of the powers of the of the view which was entertained by tinguished colleague the late Senator different branches of the Government, as men like Alexander Hamilton, James from North Carolina, Mr. Bailey, and to the Constitution does, the founding Madison, George Washington, and oth the fact that he at one time interposed fathers had in mind one great objective, ers most prominent in the early days a personally obnoxious objection. Mr. which was based upon bitter experiences of the Republic. President, he did interpose such an ob which they themselves had had. That From that rule, unfortunately, early jection; but great man that he was, great objective was, in providing for a check in the history of the country Senators constitutional lawyer that he was, when of one branch of the Government against soon departed, and various other rules, the former Senator from Pennsylvania, another, to prevent the vesting of abso or so-called rules, grew up, all of which Mr. Reed, became somewhat confused lute, arbitrary power in any branch of were not adhered to, but were deviated about the Senator's position and said, in Government or in any official. The from and changed from time to time, effect or in substance, "If the Senator founding fathers were fighting against and on particular occasion. But I sub from North Carolina will stand here and absolute power being vested anywhere, mit that the true rule could never be say this nominee is personally obnoxious and to prevent that they set up the sys better expressed than as it was expressed to him, that will be sufficient for me," the tem of checks and balances. by Senator Cabot of Massachusetts. At Senator from North Carolina said, "No; In connection with the appointment of the other extreme, there developed the I shall give my reasons why he is per officials of Government, .the Constitution rule or practice under which any Sena sonally obnoxious to me." He thereupon provided that the first power should rest tor could rise on the floor of the Senate proceeded to do so. The reasons he gave in the President of the United States. and, without giving his reason therefor, were reasons which any one of us !llight "The President of the United States shall simply declare, "This nominee is per have given. The nominee in that con nominate," is the language of the Con sonally obnoxious to me;" and, upon such nection had libeled, according to Sen stitution. The choice, the seiection in declaration being made, the Senate ator Bailey, his State -of North Carolina the first instances, rest in the President would withhold confirmation. Mr. Pres and the judiciary of that State, a charge of the United States, and in him alone. ident, I say that no such rule, no such which made the nominee not only per The choice. the selection, does not rest authority, not even an implication of sona,Uy obnoxious to Senator Bailey, but with any Senator, or with all the Senate. such authority, _can be found in the Con also extended into the general question Against the abuse of the po..wer vested in stitution of the United States, neither of his fitness for the office. In that one the President, the wise founding fathers in the system of checks and balances, statement Senator Bailey combined said that before appointment-not be nor in the separation of powers. When what he believed to be the correct rUle, fore nomination, but before appoint I said it was absolutely destructive of the and he did not depart from it later. ment-the Senate should advise and con thing that the Constitution sought to Again, when Senator Bailey was sent to the appointment. Again avoid guard against, the vesting of absolute sp~aking here on the nomination, as I ing arbitrary, absolute power, all the power in anyone, I mean that this rule recollect, of. a collector for internal reve Senate had was the right to advise does that very thing. It violates the nue for the State of West Virginia, he against or not consent to an appoint principal objective and purpose of . the expanded his view of what he said was ment, or to confirm a nomination, as·we Constitution, to prevent vesting of abso the unwritten law of the Senate on this now say. lute and arbitrary power. It gives to subject, as follows: Was the idea to vest even in,the Sen one lone Senator the right to stand up It is a rule that rises above courtesies we ate of the United States an arbitrary in the Senate and, without any reason owe to every Senator. • • • When it is power which could be exercised by the . whatever, to say, "This man shall not be invoked by a Senator, the whole question in whole Senate? To advance that doc confirmed." By giving any one Senator my mind is, "Is his action arbitrary?" trine is to deny the very principles of the power to deny confirmation, it in In other words, according to' Senator the Constitution and the principles upon effect gives him a power to appoint and Bailey, it is not sufficient for a man to which this Government was founded. select; for he may then go to the Execu rise in the Senate and in an arbitrary Many quotations could I read from tive and say, ''Unless the nominee is one manner say, "He is personally obnoxious those I hold in my hand from the emi that I select or approve, I shall stand to me." nent founding fathers of the Republic, up and object on the ground that he is Is it political? but the best statement of the first theory personally obnoxious to me." It gives Political considerations, said Senator evolved was that given by a distinguished to an individual Senator an absolute and Bailey, should never move a man in such Senator from Massachusetts regctrding arbitrary power which was never de cases. That was the effect of his state the power of the Senate, Senator George signed or intended by the Constitution ment. Cabot, who served in the Senate from to be bestowed upon him. If so, I would have a right to reject lt. 1791 to 1796. He said: There occurs to me a quotation which But, if it is well founded- The power of the Senate was in no sense I want to place in the RECORD. The If the objection that a ntan is per initiative or even active, but negative and former Senator from Mississippi the sonally obnoxious is well founded censorial, and was never to be exercised but Honorable John SJ:arp Williams, stand in cases where the persons proposed for office ing on the floor of the Senate, speaking then my respect for the Senate rule, a sense were unfit. of my own self-protection under similar con of the personally obnoxious rule, said: ditions, commands me to sustain the rule. He continued: Before I would rise in a secret session o! I have always rejected the idea of non the Senate-- He sustains the rule upon two grounds: concurrence with a nomination merely be First, that the nominee was in fact per cause the nominee was less suitable for That was before we had open executive sonally obnoxious; and, second, that the office than thousands of others. He sessions- sound and sufficient reasons were given must be positively unfit for the office, and to vent my privat1 spleen or to voice my for the objection. the public duty not likely to be performed private enmity, or to express my sense of Mr. President, if a rule outside the by him, to justify in my mind the non another man's personal enmity to me and Constitution is to be adopted, if Senators concurrence. /1 departure from this prin defeat his nomination in that way without ciple would soon wrest from the President are to go beyond the confines of that being able and willing to give some public document, if a rule is to be adopted that altogether the essence of the nominating reason for his defeat, I would resign my seat power, which is the power of selecting offi in that august body. recognizes the rigl't of a Senator to make cers, and I am fully persuaded that the the personal objel!tion, then the rule disposal of offices is of all things the most That, Mr. President, is the honorable should require, as contended by Senator dangerous to a body of men. The motives to provide for the friends of each other, and rule; it is the rule to which I shall now Bailey, that the Senator objecting must to feed their dependents are so powerful, refer, when~ say there grew up over the go further and give good foundation for that they will always be yielded to by men years a kind of middle-of-the-road rule, his objection. Tha;t is exactly what Sen who do not stand individually responsible to by which a Senator could make a per- ator Bailey did. I do not subscribe to XCIII--530 8402 CONGRESSIONAL RECORD-SENATE JULY 8 that rule. For myself, I subscribe to the a plot or conspiracy be formed to name Mr. President, I do not want to take original doctrine that our duties are con a man who is qualified for public posi more of the time of the senior Senator fined to determining a man's fitness and tion to a high honorable office? And how from Texas. I think I have made it qualifications for office. But I realize could that humiliate the junior Senator clear that I have considered it a respon that Senators differ on that point. It is from Texas? sibility, an obligation, and a duty for me a matter about which Senators them Ah, Mr. President, the naming of such to say to the Senate what I have said in selves must make up their own minds; a man as that to high office, and his con behalf of Mr. Dooley, and I have been each Senator must determine for him firmation by the Senate, will not hu proud and glad to do it, because the self. I question no man's motive and no miliate the junior Senator from Texas, man's entire life, personal and profes man's right to arrive at such a conclusion but if a man of character and ability, a sional, justifies it-nay, demands it. as the one at which Senator Bailey ar man against whose whole life there has Mr. President, because I feel so strong rived. Certainly no man can say that a not been brought one single word, is ly on this subject, I want to say to the Senator should be permitted to stand denied confirmation by this body, I do junior Senator from Texas that I am not here and arbitrarily defeat the will of not hesitate to say that the entire Sen standing against him personally. I am the nominating power, without raising ate of the United States will be humili against his position in this case as vigor any question of qualification or fitness ated and disgraced by such procedure. ously and as strongly as I know how to for office, by saying, "I say 'No'; and be 0 Mr. President, if there is anything be. I am not even standing with the cause I say 'No,' 95 Members of this body against this man, bring it forth. If senior Senator from Texas on this prop must bow down to that single objection.'' there is anyone who can say there has osition. Whatever differences may have Mr. President, I yield to no man in de been any conspiracy of any kind, let existed or do exist respecting patronage votion to the Constitution. I want to see him stand forth and say it. questions and such things are matters the separation of ppwers maintained, and Mr. President, I sought to appear be with which I have no concern or interest , I am strong in my desire to see the orig fore the Committee on the Judiciary to whatever. But.! am glad to stand here inal intent and purpose of that docu tell the committee what I knew about today by the side of the nominee. I am ment carried out, that absolute power Joe B: Dooley. True, I was late. The glad to stand on the floor of the Senate shall not rest anywhere, not in any t:egular hearings had been closed. But and try to deal fairly with a man who branch of government, and certainly not I thought, after all, there is such a thing has dealt fairly with his fellow men all in one individual Senator. as courtesy among Senators, and per his life. I am glad to have said what I The junior Senator from Texas, in a haps the members of the committee have said honestly about a man who has way, dramatizes his obligation to com would listen to me give them my own been honest in all his dealings with his ply with the rule laid down by Senator personal knowledge. Perhaps I took too fel·low men. Bailey, and he sets forth his reasons as much credit to myself in thinking that Mr. President, I am glad as a lawyer to why this man-a man with whom he that great committee, of which I was at to stand here and pay tribute to the is not acquainted, a man with whom he one time a member, might like to hear man's high reputation as a lawyer. I never had contact-is personally ob me in person say what I knew about Mr. would take the letter written by Judge noxious to him. What does he say in Dooley. I was denied that privilege, Mr. Wilson, supposed by the junior Senator that regard, Mr. President? I shall not President. from Texas to be Mr. Dooley's campaign attempt to review everything that was Mr. MOORE rose. manager, and which the Senator sent said in the long hours of debate. I think Mr. HATCH. Will the Senator per around to all of u·s-an honorable judge it was rather sharply ,set forth in the mit me to finish? The junior Senator who has occupied the position of judge letter which the Senator wrote to all of from Texas appeared before the com of the northern district of Texas for us giving his reasons for his objections, mittee and testified. Still I was denied many years-and let that letter also · in connection with which he charged the privilege of giving my personal tes stand as a testimonial to the fairness, that the.. nomination of Joe B. Dooley rep timony. The reason I was denied that honesty, integrity, character, ability, and resented some sort of a dark and devious privilege was no reflection on me, and I the fitness of the nominee for office. plot, a conspiracy of the New Deal dynas took it as no discourtesy, because I was I should like to talk about the rail ty to humiliate the junior Senator from told that there was no evidence against road lobby, and the attorney, Mr. H. C. Texas. · the character of Mr. Dooley, and there Pipkin, of Amarillo, Tex., whom I also Mr. President, if there had been a deep fore it was unnecessary for me to appear. have known for many years. I chal and dark and devious plot conceived by I now yield to the Senator from Okla lenge the junior Senator from Texas the New Deal dynasty-! am not sure homa. ! am sorry he has gone from the Cham - what that is-if anybody had conceived Mr. MOORE. Mr. President, I am ber-to say one word against the char a plot to bring any Member of this body glad the Senator from New Mexico com acter and honor of Mr. Pipkin. I will into humiliation and disgrace, I will say pleted his statement before he yielded to say that the enemies of the junior Sen that would be sufficient reason for ob me. The Senator knows that the Com ator from Texas probably will say that jecting to the nominee had he been a mittee on the Judiciary will never at any the worst blat upon the reputation of party to any such plot. I think the ob time deny to any Senator the privilege Mr. Pipkin is that he has always been jection would go to the nominee's qualifi of appearing before it, and especially an ardent supporter, political and other cation and fitness, and not because he would the Senator from New Mexico not wise, of the junior Senator from Texas. was personally obnoxious, and I would be denied by the committee the privilege Mr. Pipkin came here and testified in back up a Senator who could sustain such of telling what he thought the committee behalf of the nominee. a position as that. should know. I am glad the Senator con Mr. President, I would say one more But who formed this dark and devious cluded his statement and said it was un word. I would simply urge Senators to plot? Is there anything in the record to necessary for him to appear, for the rea accord the nominee the degree of fair show it? I have not seen anything or sons stated. I will say to the Senator ness and justice and square and honest heard anything to show it. Even if those that I would never deny the Senator the dealing that they would expect to re who object, if there be any others than privilege of appearing before the com ceive from the hands of the Senate of the junior Senator from Texas, know of mittee. the United States if they were nomi any such plot, it has not been revealed. Mr. HATCH. The Senator from Okla nated to a high and responsible office. Who were the conspirators? What are homa was present that morning, and I If Senators will follow that rule, this their names? All through the argument think he will agree that I have correctly nomination will be confirmed, as it I noticed that the junior Senator from stated the situation. I did not object to should be confirmed, without a single, Texas said, "They did so and so; they what was done. In fact, when the com solitary dissenting vote. did so and so." No names were called. mittee told me there was no evidence Mr. President, I have made reference The details of the plot were not given. against the. character of Mr. Dooley, to various statements relating to the con I ask, how in the world could the nomi there was no necessity in my appearing, stitutional duties of the Senate. I ask nation of a man of character and ability because what I wanted to tell them was unanimous consent that they all may be and high qualifications for office hu what a good man Joe B. Dooley was, and printed in the body of the RECORD at miliate any Senator? How could such how I knew him to be such. this point as a part of my remarks. 1947 CONGRESSIONAL RECORD-SENATE 8403 There being no objection, the state States. As George Washington, I would do tors from Texas. The Chair can recog ments were ordered to be printed in the this man any kindness in my power; as nize other Senators only if time is granted President of the United States, I can do to them. · RECORD, as follows: nothing." SENATOR BAILEY'S VIEWS Mr. REVERCOMB. Mr. President, I merely wish to make a brief request. The committee's report, adverse to the WASHINGTON'S VIEWS nomination, was presented by Bailey, who Will the Senator yield for a minute? To the question what scope should be I expounded his own view of the unwritten given to the Senate's advice and consent, Mr. CONNALLY. have not the floor. law of the Senate known as the personal President Washington gave not a little anx The junior Senator from Texas is not obnoxiousness rule. ious thought. He sought advice, and weighed in the Chamber. It is his time to pro "It is a rule that rises above the courtesies it carefully. In his diary he recorded (April ceed. Does the Senator wish to speak we owe to every Senator. • • • When 28, 1790): about the case before us? it is invoked by a Senator, the whole ques "Had some conversation with Mr. Madison Mr. REVERCOMB. No. tion in my mind is, is his action arbitrary, on the propriety of consulting the Senate on is it political? If so, I would have a right The PRESIDENT pro tempore. The the places to which it would be necessary to Chair requests the presence of the junior to reject it. But if it is well founded, then send persons on the diplomatic line and con my respect for the Senate rule, a sense of suls; and with respect to the grade of the Senator from Texas. my own self-protection under similar con first-His opinion coincides with Mr. Jay's Mr. CONNALLY. I ain not disposed to 'ditions, commands me to sustain the rule. and Mr. Jefferson's-to wit--that they h ave deny the Senator from West Virginia an • • • I rather think that the rule should no Constitutional right to interfere with opportunity to submit his request, but I not go. It has been a rule of the Senate either, and that it might be impolitic to draw do not wish to take up too m~ch of my a long time." it into a precedent, their powers extending no time. The junior Senator from Texas farther than to an approbation or disappro has had 2 days. How much time does the MADISON'S VIEWS bation of the person nominated by the Presi Senator wish? Two days later the Senate passed a reso dent, all the rest being executive and vested lution declaring that "in the opinion of the in the President by the Constitution." Mr. P..EVERCOivf..B. Less than a min Senate, the powers and duties of the Sec ute. :Mr. CONNALLY. I yield. retary of the Department of the Treasury, SENATOR BORAH'S VIEWS and those of an Envoy Extraordinary to a The PRESIDENT pro tempore. Be-: foreign power, are so incompatible, that they Despite Holt's protest, and this .defense of fore the Senator from West Virginia pro ought not to be, and remain united in the the rule by Bailey in presenting the Flnance Committee's adverse recommendation, the ceeds, the Chair suggests that the officers same person"; and the Senate instructed of the Senate try to obtain the presence the committee on Gallatin's nomination to nomination of Yoke was confirmed by a vote communicate this resolution to the President of 46 to 15. of the junior Senator from Texas? of the United States, and respectfully to con The next day Senator Borah submitted a Mr. REVERCOMB. Mr. President, I fer with him upon the matter thereof. significant resolution. Declaring that it had ask unanimous consent that the Com Thel'eupon President Madison sent ames been the practice {·not the rule) of the Senate mittee on Public Works be permitted to sage to the Senate in which he set forth his to refuse to confirm a nomination stated to meet while the Senate is in session today. views as follows: be personally objectionable by a Senator from The PRESIDENT pro tempore. With "The Executive and the Senate in the cases the Stat e affected, and that the matter of out objection, permission is granted. of appointments to office, and of treaties, confirmation should be determined by the are to be considered as independent of and qualifications and fitness of the nomtnee, and The Chair is at the mercy of Senators coordinate with each other. If they agree, not by the personal feelings, likes, or dislikes in charge· of the time. the appointments or treaties are made. If of n Senator, it proceeded: Mr. CONNALLY: Mr. Pre$ident, I the Senate disagree, they fail. If the Senate "Whereas such a practice transfers the want to accommodate the Chair and wish information previous to their final power of rejection or confirmation tram the other members of the Senate. The junior decision, the practices • • • has been Senate as a whole to a single Senator, in violation of the spirit, if not the letter, of Senator from Texas occupied nearly 2 either to request the Executive to furnish days-one entire day and nearly all of .it, or to refer the subject to a committee of the Constitution: Therefore, be it 'their body, to communicate either formally "Resolved, That the Senate discontinues another day. Until today we have had or informally, with the head of the proper and disapproves of such practice and will no opportunity to address the Senate. department. The appointment of a com hereafter not respect or give effect to objec In all fairness, I think he should proceed mittee of the Senate to confer immediately tions based upon the fact that said nominee and finish his opening statement so that with the Executive himself appears to lose may be declared personally offensive or per we may make reply to it. I do not know sight of the co-ordinate relation between sonally objectionable to a Senator.'' where he is. the Executive and the Senate, which the I shall yield myself 15 minutes. Constitution has established, and which ALEXANDER HAMILTON ought therefore to be maintained." It will be the office of the President to nom The PRESIDENT pro tempore. The inate, and with the advice and consent of senior Senator from Texas is recognized the Senate to appoint. There will, of course, for 15 minutes. WASffiNGTON'S ATTITUDE ON APPOINTMENTs- be no exertion of choice on the part of the NEITHER PERSONAL NOR POLITICAL Mr. CONNALLY. Mr. President, I very Senators. They may defeat one choice of deeply regret the absence of so many From the outset President Washington the Executive, and oblige him to m ake an anticipated that the exercise of the appoint other; but they cannot themselves choose Senators at this session of the Senate. ing power would prove one of the most they can only ratify or reject the choice of This case has been pending before either difficult parts of the duty of his office. A the President. the committee or the Senate since early few months later he declared this to be "the in January. It was thoroughly investi most irksome part of the Executive trust." PRESIDENT TAF"l' gated and examined by the Committee No President ever approached the task with on the Judiciary. A number of hearings greater singleness of purpose. The advances In the matters of recommendation, and, of relatives seeking office met with chilling indeed, of obtaining omce, it is leg-muscle were held. After the hearings were con discouragement. He declared that nothing and lack of modesty which win, rather than cluded the junior Senator from Texas beyond testimonials with respect to abilities, fitness and character. The appointing [Mr. O 'DANIEL] received a letter from integrity, and fitness would be of any avail power is in effect in the Senators' hands, someone in Texas, and the committee re in his decisions. An intimate personal friend subject only to a veto by the President. convened and examined what was sup applied to him for a lucrative office. No one posed to be in the letter. We are now doubted that he would re~eive it. A political JOHN SHARP WILLIAMS, ON PERSONAL nearing a vote on the nonr.nation, and enPmy applied for the same position, and, OBNOXIOUS RULE I very greatly regret that Senators are although everyone marveled at his presump Before I would rise in a secret session of tion, he got the nomination. To a friend the Senate of the United States, to vent my not present in greater number to hear who remonstrated with the President at this private spleen or to voice my private enmity, the few remarks I shall make. choice Washington replied: or to express my sense of another man's per Mr. President, in the brief time allotted "My friend I receive with cordial welcome; sonal enmity to me and defeat his nomina to me I wish to point out some of the he is welcome to my house and welcome to tion in that way without being able and will vital things Involved in this case. When my heart, but, with all his good qualities, ing to give some public reason for his defeat, Senators are elected to serve in this body, be is not a man of business. His opponent I would resign my seat in that august body. is, with all h is politics so hostile to me, a they are elected to serve the purposes of man of business; my private feelings have Mr. REVERCOMB. Mr. President the Constitution of the United States. nothing to do in this case. I am not George The PRESIDENT pro tempore. The That includes legislative matters, of Washington, but. Prestclent of the United time is at the disposal of the two Sena- course. It also includes tnat part of the 8404 CONGRESSIONAL RECORD-SENATE JULY 8 Constitution relating to nominations Mr. Karl Crowley, a lawyer, who was for than there is in Fort Worth. Yet the made by the President of the United several years in Washington under the junior Senator from Texas contends that States. It is just as much our duty to Roosevelt administration as Solicitor for because Fort Worth has had the district give attention and consideration to nom the Post Office Department. Even he judge for nearly 70 years it should con -inations, and to abide by the rules of the testified to the character and ability of tinue to have him. I did not think so. Senate respecting nominations, as it is Mr. Dooley, and made no complaint in On the basis of the recommendations by to respect the Constitution when it comes any respect. the bar and by the citizenship of that to legislation. Mr. President, who is Mr. Dooley? district, and because of considerations of When it comes to a nomination, I feel Mr. Dooley is not a politician. He has · geography, I recommended to the Presi that I l\.m under constitutional compul never held public office, except for one dent the appointment of Mr. Dooley. sion, if I find the nominee to be a man term on the school board, I believe. He There is the heart of the plot. There of good character and a man of quali has never been a candidate for office. He -is the heart of this diabolical and sinis fications, with no charges against him, has been a lawyer. . He has been a ter enterprise to discredit and humiliate to vote to confirm his nomination. lawyer's lawyer, a man devoted to , the the junior Senator from Texas. Let us see about this case. The junior bar, a man who has attained eminence Frankly; the junior Senator from ·Senator from Texas ·has made a ·. great and distinction as a member of the bar. Texas and his political fortunes did not commotion about a plot which was in He served as president of the State bar occur to me in making the endorsement. spired to humiliate and discredit him. I association. Complaint was made by the I was not disregarding them, and I was know that there is no basis whatever junior Senator from Texas that Mr. not regarding them. I knew he also had for such a charge as that. The President Dooley was nominated to that place in the right to make endorsements, as I of the United States does not even know order to help hiin get this position. That had·the right to make them. He speaks Mr. D:::>oley. Mr. Dooley has never met is simply fantastic. He served, first, as a of not having been consulted. The rec the President of the United States. If director of the bar association in his ord shows that he was consulted. The there is a diabolical and sinister plot, as area. He was then elected vice president record shows that the Attorney General the junior Senator from Texas charges, of the bar association of the entire State, called him and asked him if he wanted the senior Senator from Texas is the dia and was elected president of the State to make an endorsem·ent, and he re~ ·bolical plotter who ought to be held b~u association before the question of his sponded with two endorsements of men responsible. · nomination for judge ever came up or from Fort Worth, both of them splendid - Mr. President, this is· simply a routine ·was ever considered. .gentlemen, both of them able lawyers. nomination, in the regular course of sen Mr. President, the CONGRESSIONAL REC If the President of the United States had atorial business. When Judge Wilson, ORD, if the Senators will consult it, shows nominated either one of them I would the ·incumbent, notified the President and that Mr. Dooley is endorsed by the Chief vote for the confirmation of the n~mi the public that he was about to retire, Justice of the Supreme Court of Texas. nation. There is no politics involved in immediately lawyers all over this judicial It shows that his candidacy is endorsed this matter from my viewpoint; there is 'district began to write me and to urge by a number of other judges of the Su no spleen; there is no feeling. Some that I recommend for appointment Joe preme Court of Texas before whom he Senators have approached me and sa~d, B. Dooley. I have never discussed this practiced. It shows that he is endorsed "Now, CONNALLY, ·this is simply a fight case with the President of the ·United by judges of the . court of civil appeals .between you· .and· the ' junior· Senator States. The . President of the United and other judges not confined to his im from Texas over patronage," The junior States has never consulted me, except mediate territory. Senator from Texas disavows that, and "through the Attorney General to advise If Senators will read the RECORD they I likewise want to disavow it. me that there was to be a vacancy, and will find that he was endorsed by 15 for My colleague has as much right to that he would be glad to have any rec mer presidents of the State· Bar Associa make recommendations as I have. I ommendations I might see fit to make. tion of Texas. He was endorsed recent have never taken any part in the cam · Mr. President, this is not even a po .ly in Dallas by his old law class; he was paigns of the Junior Senator from Texas, litical appointment. Mr. Dooley has ' endorsed unanimously by all of those and I have never done anything in th~f been only casually known to me over the who were present at the convention of Senate to discredit him. What I have years. He is not one of my political the State Bar Association, where · they · done was done to aid him, I thought. I lieutenants. He is not a part of my rna.:. testified to his ability, his capacity, his have been courteous. I have tried to aid chine. I do not have such things. He .character, and all the qualities which go him in regard to committee assignments is simply an outstanding lawyer and to make an eminent and useful judge of and matters of tha-t kind, and I have citizen. Outside Fort Worth, where the the district court. never participated in any movement to junior Senator resides, and where the Mr. President, what are the objections discredit him. It is simply a case where two candidates whom he recommended to Mr. Dooley? When I received the rec both Senators have the right to make reside, and outside that county, mem ommendations from the bar of that dis endorsements. The junior Senator did bers of the bar of that district are almost trict there accompanied them an appeal not seem to be able to make up his mind, unanimous in support of Mr. Dooley. I that the western part of the district because he endorsed two candidates, would not say that they are unanimous, should at last be recognized by the ap both from his own town, both splendid of course, because I have not consulted pointment of a judge. gentlemen and fine lawyers, and if either all of them. However, lawyers from 48 I have a map here for the convenience one .had been nominated I would vote for counties in that district recommended of the Senate. It shows that for nearly confirmation. Joe B. Dooley before any nomination was 70 years Fort Worth has had the dis Mr. President, I yield myself five more made by the President or any recommen trict judgeship. In the meantime, the minutes. dation was made by me. As I recall, tremendous area to the west of Fort What is the situation? Senators have there was no protest from the bar. There Worth has grown and developed and is come to me and said, "Your man is all were some endorsements, of course, from now being settled and populated. Ama right; · his character is good, but he is Fort Worth, of the two men whom the rillo is some 300 or 400 miles from Fort personally obnoxious to your colleague." junior Senator had recommended for Worth. Dallas has two district judges. There are precedents in these matters. appointment, but there was no protest Fort Worth is only 33 or 34 miles from In the old days all a Senator had to do against the name of Joe B. Dooley. Dallas and has access to the judges who was to rise in his place and, on his in When the committee met, not a single are in Dallas as well as those who are tegrity and honor as a Senator-remem member of the bar of that district, with in Fort Worth. Within the district west ber that-state that the nominee was one exception, came before the commit of Fort Worth there are five divisions not generally obnoxious, not politically tee to oppose the nomination of Mr. of the court, and there is only one divi- obnoxious, but personally obnoxious to Dooley; and that one testified that Mr. sion in Fort Worth. .,... him. In the old days that rule obtained. Dooley was a man of high character. He I thought it was just and fair that the But, Mr. President, when a Senator stood testified that he was a man of great abil western part of that district be recog on the floor and, on his honor and in ity as a lawyer. His only objection was nized by the appointment of a judge. tegrity, made that declaration it was im that he thought both Senators ought to There is more business in the district out plied that the nominee had done some agree. The witness to whom I refer was side of Fort Worth, in those five divisions, thing or said something which gave 1947 CONGRESSIONAL .RECORD-SENATE 8405 ground for his being personally obnox less he says something about me: unless every one of them. Because a man is a ious--obnoxious to the Senator person he offends me in some way? Have I a · Republican is no reason, to my mind, ally, not to the entire Senate. He had radar mind which enables me, after look why his nomination shouid not be con said something or done something or ing up into the sky, to say, "This man firmed, if he has the requisite qualifica- . committed some offense which gave the is personally obnoxious to me, and he tions ~nd character. Senator the right to say, "He is person cannot be appointed"? Oh, no, Mr. I can name those judges, if that is ally obnoxious to me." President; when the facts are one way desired. One of them is Judge Kennerly, But, over the years, that rule has been and the statements are another way, of Houston, a man of fine character and changed. The late Senator Borah, of how can the Senate adopt the cruel, un flne attainments. He was appointed dis Idaho, one of the greatest men to serve reasonable, and ridiculous policy that it trict judge, and I cheerfully voted for in the Senate for many years, voted will reject the nomination of a man sim him. against that rule. He said it was out ply because a Senator says he is per Another one was Judge Bryant, of moded; that the only test in the Senate sonally obnoxious, although the facts Sherman, Tex., a Republican. His was character, capacity, and ability. I. show that it would be absolutely physi father had been a judge, years ago. He have seen it set aside in this Chamber cally impossible for him to be person is a fine man. I endorsed him and sup since I have been a Member of the Sen ally obnoxious? ported him. Of course, he is a Repub ate. The ruie, if there is a rule-there If there is any obnoxiousness in this lican, but what difference should that is no rule; it has merely grown up here record at all, it is supposed to be politi make? The Constitution does not say by courtesy-the practice now ·is that cal. This man Dooley is not a politi that we have to vote against a man be when a Senator makes the claim that a cian. He never held office except as cause he is a Democrat; it does not say nominee is personally obnoxious to him school trustee. The junior Senator from that we have to vote against a man he must state the reasons and the Texas has said that Mr. Dooley was a because he is a Republican. A nominee grounds for his statement. I remember New ·Dealer, and that any New Dealer is considered here as an appointee, with · that the Senator from Massachusetts is personally obnoxious to him. That his qualifications and his character. [Mr. SALTONSTALL] asked the junior Sen was the final reason he gave. 1 have the Those are the tests. There are no other ator from Texas if he would state what record here, and I shall look it up in a tests, under the Constitution, save a Sen this man had done or said that made moment. The junior Senator from Texas ator's own conscience and his own con him personally obnoxious. The junior said that Mr. Dooley was personally ob victions as to whether the nominee is Senator from Texas made no reply ex noxious to him because all New Dealers the proper man. cept to say·that under the precedents it are personally obnoxious to him. is only necessary to say that a nominee Mr. President, as I have said, Mr. The other judge was Judge McMillan, is personally obnoxious .. Dooley is not a politician. He rarely, if of San Antonio, Tex., a Republican. I Mr. President, do you not think that ever, has done anything more than go voted for him: I supported him. As I in fairness, in candor, and in justice to to the ballot box and vote. Yes, he is a recall, in my 18 years of Senate life I the Senate, the junior Senator from Democrat. He is what might be called a have never objected to any nominee be Texas should tell the Senate what of good, middle-of-the-road Democrat, just cause he was a R~publican. Yet the fense the nominee has committed against as there are a number of good, middle junior Senator from Texas bases his him, what words he uttered which were of-the-road Republicans in this Cham opposition to Mr. Dooley on political disrespectful to the Senator from Texas, ber. That political charge can have no grounds, saying that he is a New Dealer. or what acts. he may have committed basis here. The fact of the matter is, Mr. President, the junior Senator from which were in derogation of the Senator I feel SlJre, that Mr. Dooley is not what Texas is no more correct about that than from Texas? many persons would call an extreme rad he is about the so-called senatorial plot. What is the proof as to that, ·Mr. Presi ical as a New Dealer. If there is any plot, I am the plotter; if dent? The committee had that question Mr. Dooley -is a man of conservative there is anything diabolical, I am the one under consideration; and the testimony habits and conservative mind. He is who is diabolical; if there is anything before the committee is to the effect that trained at· the ·law;· and all of us know sinister, I am the one who is sinister Mr. Dooley had· never met the junior _ that training at the law has a tendency simply because I made this recommen Senator from Texas in his life until he to instill conservatism in the bosom of a dation. I never discussed it with the met him in the committee room. The man. He respects the precedents, he re President in my life. I made the recom~ further testimony was that. the junior spects the facts, he is conscious of them, mendation and sent to the Attorney Gen Senator from Texas had never known and he is indifferent to radical change. eral the letters which, had been written Mr. Dooley, had never seen him, except We all know that. That is the kind of to me by members of the bar. The At he qualified it by saying that he thought New Dealer Judge Dooley was. torney General, I suppose, acquainted perhaps he had seen him once in a crowd. Mr. President, there is no foundation the President with the situation, and the On the other hand, Mr. Dooley says he whatever for the objection. But we see President nominated Mr. Dooley. That never met the junior Senator from Texas. that if there is any objection at all, it is is the plot, that is this dire conspiracy, The proof shows that they had never· not personal obnoxiousness, but is politi concocted behind closed doors, in the had any communication of any kind. cal obnoxiousness. dark, with all the machinations of po The proof further shows that Mr. Dooley Now let me say a word along that line. litical scheming and diabolical and sin has never handled any law business or I have been a Member of the Senate for ister planning. I never talked to the other matters in which the junior Sena 18 years. During that time I have -never President about it in my life. I ta1ked tor from Texas was involved. voted against a Republican nominee be to the Attorney General, and a good Mr. President, with that kind of a rec cause he was a Republican. I do not now many thought he wanted another man, ord, no matter what a Senator says, how recall that I ever voted again~t one, ex not the one recommended by the junior can there be anything on which to base cept one nominee for membership in the Senator or the one recommended by me, personal obnoxiousness? How can there Supreme Court, some years ago; and my but another man, a resident of Fort be any foundation for such a charge? objection to him was not personal, but Worth, but he could not overcome the Is the Senate going to adopt a doctrine was because I did not agree with what present nominee. that it will reject the nomination of a I thought wen~ some of his views. Later Mr. President, I wish to refer to the man who is qualified, who has charac on he became a member of the Court, map on the wall of the Senate. It is a ter, who has been appointed by the Pres and he made a great judge; and on one map of the western district of Texas. I ident, and who has ·been approved by occasion I expressed to him my regret point out Fort Worth to Senators. Here our own Judiciary Committee, simply that I had misunderstood his attitude, is Dallas, in the next county. Dallas because some Senator says he is person and had voted against him. has now two district judges. Fort Worth ally obnoxious to him, although the rec But I have never voted against a single has one, who has been on the bench 28 ord and the sworn testimony show that nominee of a Republican President be years. Senators will note all this terri there is no ground whatever for an ob cause he was a Republican. Since I have . tory to the west from Fort Worth, in jection based upon personal obnoxious been in the Senate, three Federal judges· cluding the territory on the Red River, ness? How can a man be obnoxious to were appointed in Texas by Mr. Hoover. reaching al+ the way to Kansas on the me unless he does something to me, un- I voted to confirm the nominations of north, New Mexico and Colorado on the . 8406 CONGRESSIONAL RECORD-SENATE JULY 8 west, running south, away down, a tre· anything he had ever done or ever said diabolical plot is a scheme to use the mendous area, to include San Angelo and or ever uttered or ever committed against Senate of the United States as a political Abilene. the junior Senator from Texas. weapon for the purpose of purging a Mr. President, in that territory there How could the objection be·personal? United States Senator. It does not par are five court divisions; one at Wichita It has to be personal; it cannot be politi ticularly worry me, so far as personal Falls, one at Amarillo, one at Lubbock, cal. It has to be personal, involving consequences are concerned, not any one at Abilene, and one at Sari Angelo. something Mr. Dooley has done to the more than it may worry any other Sen That section has had a marvelous de person of the junior Senator from Texas. ator, should this precedent be estab velopment, in industry, in the. raising of Such a thing does not exist, it never did lished or should this system be allowed cattle, in the production of wheat, oil, exist, it cannot exist, in the face of facts. to continue; but that is a point to which and all the modern products of Texas. The PRESIDENT pro tempore. The I object. I think it is wrong to use the I do not know just the distance from senior Senator from Texas has approxi Senate for such a purpose. Amarillo to F,!ort Worth, but it is three mately 25 minutes remaining. The jun I may not be in position to speak so or four hundred miles. I thought it was ior Senator from Texas is recognized. . eloquently about the Constitution of the fair to put a judge somewhere out in that . Mr. O'DANIEL. Mr. President, as I United States as my able friend, the territory, one who could serve these five have stated on the Senate floor pre senior Senator from New Mexico. As divisions, and to whom the lawyers would viously, I have great admiration for men I said before . he entered the Chamber, have access for their extraordinary writs of legal talent and experience and abil I always enjoy listening to him. But, and processes. ity. I humble myself before them in my humble station in life, I have Fort Worth, which I indicate here on when with their oratory and eloquence a great admiration for the Constitu the map, is only 35 miles from Dallas. tion of the United States. In my Dallas has two Federal judges, and Fort they seek to defend a cause. I appre ciate what has been said here today by humble way, I have carefully studied Worth has one. There will be another it and and I have read much about it. appointment some of these days, and if the two Senators from New Mexico [Mr. HATCH and Mr. CHAVEZ] and my col I think it is the greatest document outside the junior Senator from Texas will be the Holy Bible that was ever written by patient he may get a judge out of his league, the senior Senator from Texas [Mr. CONNALLY]. I appreciate the dis the hand of civilized and Christianized home town. But he bases his opposition man. I think it laid down a principle on the fact that a plot exists to appoint CUSSion of the Constitution by the able senior Senator from New Mexico rMr. of government which has endured for a judge from a place other than his home over 165 years. It has enabled its citi town, Fort Worth, where there has been HATCH ], who is an authority on it. I appreciate all these things. I appre zens under this Constitution to develop a judgeship for 70 years. from a wilderness the greatest nation Mr. President, I understand I have ciate the fact that the senior Senator from Texas has confirmed that this is on the face of the earth. When our wise used 30 minutes. forefathers went about the task of set The PRESIDENT pro tempore. The not a patronage fight between the two Texas Senators. ting up our American form of representa Senator has used 31 minutes. tive democracy, they had uppermost in Mr. CONNALLY. I shall not consume I also appreciate beyond words the as their minds the firm conviction that it more of the time of the Senate. Later surance from my colleague, the senior should be a government of the people, I shall have something mo.re to say, and Senator from Texas, that if I will just by the people, and for the people. That I crave the consideration and attention be patient I may some day have some was not just an empty catch phrase. of Senators when I resume the floor. thing to say about the selection of Fed Those words, "of the people, by the peo I want Senators to remember that eral judges in Texas. I have been pa ple, and for the people," were not coined there is no basis on earth for the "per tient for almost 6 years. I do not know for the exclusive use of Fourth of July sonally obnoxious" objection. The com just exactly when patience ceases to be a orators. These men had in their sub mittee members will state that it was virtue. I have tried to practice the vir conscious minds the great panorama o{ demonstrated that Mr. Dooley did not tue of patience. all past history, during which, except in know the junior Senator from Texas, and At the present time I am opposing isolated cases of short duration, the that the junior Senator from Texas did the nomination of Joe B. Dooley, of masses of the people had been slaves or not know Mr. Dooley. The testimony of Amarillo, for various reasons. I do not subjects of those who were generally Mr. Dooley is that he never said a word put all my eggs in one basket. I object claimed to be supermen, and men of against the junior Senator from Texas, because the nomination is personally ob superminds. But history proves that and has never done anything to him, he noxious. A nomination is not a person all men are of the flesh-that all men, has never taken part in any of the cam in being, an animate creature; the nom being human, will sooner or later make paigns in which the junior Senator has ination before us is the whole process mistakes, regardless of their honesty and become involved. How can there be any by which this nominee's name has been regardless of their good intentions. ground for the charge of personal ab submitted to the Senate, and the whole Based on this undeniable fact that the noxiousness, in the face of these hard, thing is a sinister, diabolical plot, I re few men who did the thinking for the inexorable, and unbending facts? peat. I am glad the senior Senator from •masses made a serious mistake, as a result I submit to the judgment of Senators, Texas has disclaimed any part in this of which their nation was thrown into not to their prejudice. I do not want to sinister, diabolical plot, and I have never confusion and was generally taken over talk to Senators who are being actuated, accused him of being a party to it. by some other tribe or government, if any are, by prejudice. This is the Nevertheless, the plot does exist, it is a either by force of arms or by infiltration, Senate of the United States. This is not living, breathing thing, and it has ex our wise forefathers reasoned that the a corner grocery store, where people in isted over a period of years. This is sim thinking by the masses·would be a better dulge in gossip, in slander, in back-door ply a continuation of it. protection for the people as a whole, be talk. This is the Senate of the United Mr. President, I did not know before cause it is rarely possible for the major States, and its Members should be gov that it was absolutely essential to be per ity of the people, through the sum total ~rned by high and honorable motives. sonally acquainted with a man in order of their thinking, to be completely wrong. They should not send Mr. Dooley away for that man to be personally obnoxious. That is possible for some superminded from the doors of the Senate with a stain I am using a very broad comparison, but individual, rarely. So, for this and for upon him, a st~in that could not be I have always considered Mr. Hitler as many other reasons, they set up this washed away by words, a stain that could being personally obnoxious to me. I Government of, by, and for the people. not be eradicated by any ~ort of cleaning never met the man and do not know This system has stood the test of time. fluid. If the Senate does not confirm whether he is living or dead, but he and By this process, as I stated before, our him, it sends him away with the condem- . a few others in this world whom I have Nation has grown and prospered. It has nation of the Senate of the United States, never met are personally obnoxious. grown from a wilderness to become the when he has done nothing to deserve it, Mr. President, there are other objec greatest nation on the face of God's when the committee could not find a tions to this nomination. I have stated earth. blemish on his character, when the com them upon the floor of the Senate and Today, Mr. President, in the Senate of mittee could not find a ~ngle thing other places. I will try to touch on these the United States, we are dealing with p.gainst his reputation as a lawyer, when objections in this discourse. One of the one of the most vital and fundamental thE' committee could not find evidence of principal objections is that the sinister component parts of this great system. 1947 CONGRESSIONAL RECORD-SENATE 8407 We are dealing with the selection of office. But our wise forefathers placed people during the entire lifetime of our a person to fill an office for the remainder two men in the same office with identical Nation down every rat hole in-every na of his lifetime, unless he retire or be re duties and responsibilities. It is the only tion on earth where a permit can be ob tired for misbehavior. That is a very public office on record in which two peo tained to start pouring. At the same important position. That position may ple are empowered to perform identical time through collaboration with labor affect tpe lives of all citizens in a judi duties and to discharge identical respon leader racketeers it has swung the ax cial district of any one of our sovereign sibilities, both being selected by the same . in every direction in an effort to kill the States-the office of district judge. The system. The only reason that could be goose that has laid the golden egg-our person who is finally sworn in to fill this assigned for such a phenomenon is a de free private-enterprise system. position will have the power to determine sire to safeguard the right of the people By incessant propaganda it has tarred the disposition of the material posses to life, liberty, and the pursuit of happi and feathered those thrifty folks who sions of the people, the marital relations ness, in case one of the Senators -fails would own their own homes or have a of families, the important question as to or refuses to respect the wishes of the bank account, and pinned the.. badge of whether or not some of the citizens may people of his State on the selection of a honor on grafters, loafers, character as live or may be put to death. That means Federal judge, regardless of how small sassins, do-gooders, and bums. It has much to the people of my State. It that minority may be. educated our rising generation· to the means a great deal to them that we get a Mr. President, I thank God for the wis idea that milk and honey do not flow man of judicial experience, a man dom of our forefathers in looking down from productive cows and busy bees, the trained in criminal law, a man having the corridor of time to envision with maintenance of which requires labor and all the qualifications that a judge should accuracy the situation which exists in skill, but comes rather from sucking the have, to ru1e over them in judicial mat this Chamber at this moment. While it Government sugar tit and milking the is a distasteful duty, I am nevertheless United States Treasury. ters. Those are great responsibilities to performing it with all my might and Double-talking bureaucrats and their place in the hands of one man. That is vigor. It is my sacred duty as a duly press agents have succeeded in outbab why our wise forefathers determined that elected United States Senator from the bling the babblers who attempted to the selection of that man should depend great State of Texas to lift my voice on build the Tower of Babel, and their last nbt alone upon the judgment of one the floor of the Senate for the protection great Government project will probably man, our Chief Executive, who is elected of thousands of honest, God-fearing citi be moving the Tower of Babel to New every 4 years by the people of the sover zens of Texas. They have no other voice York Harbor, to replace the Statue of eign States, through an intricate system whatever except mine with which to reg Liberty so that X will mark the spot of balloting; but also it should depend ister their opposition and resentment to where once stood the emblem of liberty upon approval by the majority of the this rotten political appointment of Joe representing a nation of rugged individ Senators, who are chosen for a period of B. Dooley, an appointment conceived in ualists, representing the end of that na 6 years, through an entirely different the mind of his political campaign man tion, which began March 4, 1933. balloting system, by the people of the ager, the present judge in the northern Yes, today we stand, Mr. President, sovereign States. Our wise forefathers district of Texas, who desires to perpetu with our pockets empty, nationally bank-· set up a very important system of select ate his own rule through one of his faith rupt, with a public debt larger than the ing the Federal judge, because they real ful henchmen. It has also been fostered mortgage-sale value of all the real and ized he might pronounce the death sen and developed by the attorneys and lob personal property in our Nation. This tence on any of our citizens. byists of certain large railroad corpora debt will not be paid off during the next It appears to me that our wise fore tions. It could be possible that these rail 100 years. Yet we stand with our guns fathers went a long way for the pro roads count on protection of this nature pointed at the heads of all bankrupt na tection of the individual citizens of this from suits filed against them by indi tions of the world demanding that they great Nation when they set up the system vidual citizens and by the Federal Gov let us print some more paper money, and of selecting Federal judges. But, Mr. ernment for overcharge in rates during send it to them gratis by prepaid ex President, they did not stop with that. the wartime on transporting soldiers and press. And if that is not fast enough, -They went further. I think perhaps the fighting equipment which might be en Mr. President, for some, we will send them framers of _our Constitution actually en gineered by stooges of the most rotten our money printing plates by air express visioned, at some distant day, there might and corrupt political dynasty that ever and let them print all of IQUr United spring up in our Nation certain cliques destroyed or attempted to destroy any States money they want, such money to which would become known as political nation-the New Deal dynasty. be redeemed at par by us when it comes parties, and who, for the sake of mani Yet, Mr. President, I am simply and back to our Treasury. festing power to govern the people, might humbly performing the duties of my of Yes, Mr. President, I am against all place the welfare of the party above the fice as I see those duties. I am talking this tomfoolery. I want to get out of the welfare of the Nation. They naturally with all the vehemence at my command rut. I want to get off this New Deal concluded that if such a disastrous thing against the corrupt system which has muddy detour and back on to the solid as that should spring up or develop, some beeri foisted upon the good people of this highway of sound prosperity and real of the Senators might deem it personally Nation during the last 14 years. American happiness. expedient to go along with the party, I have not one iota of enmity or bitter Now, Mr. President, because I have and that if a sufficient number of those ness in my heart against ·any person on consistently opposed all this skulduggery Senators, whom they looked upon as am the face of the earth. I firmly believe that has nearly wrecked and ruined our bassadors of the sovereign States, repre that it is possible to loathe the sin yet great Nation, I have been marked by the senting their States in the newly estab love the sinner. I am fighting for a prin New Deal gang to be robbed of the right lished Federal Government-if enough of ciple. I do not agree that all those who to perform my constitutional duty as a them should become loyal members of a have taken part in this sinister, diaboli United States Senator to serve the honest political party seeking to rule the Nation, cal plot are conscious of what they are citizens of my State in helping to select the people of such States might find doing or of the harm and damage they their Federal judges without being con themselves without due representation in are doing to many people. demned for such action. If I had simply the Upper Chamber of the Federal Gov Yes, Mr. President, I am against the gone along with the crowd, Mr. Presi ernment. So, as a partial protection New Deal dynasty. I oppose and abhor dent, if I had taken the easy path, Sena against such a disastrous potential cir every thread and fiber of it. To me it is tors would not be hearing from me today cumstance, our wise forefathers did a the combination of communism, social on this subject. The nomination would thing that had never been done before ism, and all other dangerous foreign isms have been made to order, painted snowy in any government, and that has never wrapped up into one bundle. By plan white, wra'}Jped up in red, white, and blue been done since. They provided for two ning and blueprinting and plotting the colors, decorated with shining tinsel, and United States Senators, instead of merely New Deal system has created one emer delivered to the most perfect New Deal one. One person serves as President, as gency after another and piled emergen- stooge in Texas by Santa Claus in the governor, as Representative from a con . cies on top of emergencies. By premed White House, and some of the big New gressional district, as president of a cor itated planning and relentless determi Deal newspapers in Texas would be run poration, as mayor of a city, and so, all nation it has poured the accumulated ning my picture on the front page with down the line, one man fills an individual billions and earnings and savings of our the title "The Great Texas Statesman." 8408 CONGRESSIONAL RECORD-SENATE JULY 8 But, Mr. President, I did not go along. interests of the people in that part of Mr. President, I am not an attorney. I preferred to follow the Constitution. I our great State of Texas. My colleague Some attorneys tell me that it is im preferred to do my own thinking-ad has admitted that there are many other possible for an attarney to take that posi mitting, of course, that no man is in highly qualified men who would serve the tion; yet I have received letters from fallible, that we all make mistakes. But best interests of the people. Among the some of the best attorneys in the State I like the idea held by the wise framers hundreds of highly trained and well- of Texas to that effect asking me not to of our Constitution, the idea that we qualified men in that district, there are divulge the names of the writers, and I should all think for ourselves, and not be many who could obtain the wholehearted have read into the record a letter from a yes-men or stooges or quislings. So I endorsement of both Senators from judge in that district giving me informa am merely plodding along in the old Texas. In that case the people of Texas tion relative to the unfitness of Mr. fashioned, traditional American way, do would get the benefit of the full protec- Dooley for the position of Federal judge. ing the best I can. tion · of their Senators, as provided in In that situation, with the mouths of Now, Mr. President, after the wise the Constitution, instead of one-half pro- lawyers closed as a matter of expediency, framers of our Constitution got the sys tection. I conducted the poll to which I refer. I tem all worked out and written up and Mr. President, Senators who vote here sent to each and every member of the bar signed, they just kept on thinking, and today can enforce justice for the people listed in Martindale's Guide-more than they finally looked into the future and of my State if they desire to do so. They 3,000 attorneys in that district-a letter thought about me. Yes; they thought can do it within the confines of their and a postal card addressed to me. I about me, Mr. President. . duties and responsibilities as United asked them merely to write "yes" if they They may have said, "There may be States Senators. If they fail to throw wanted Mr. Dooley's nomination con some persecutions of public officials in their full strength toward the side of firmed, and "no" if they did not. I told the future, when an honest, conscien simple justice, there will be a divided them that they need not sign their names, tious, God-fearing Member of the United situation in the northern Federal dis- so that there would be no chance of iden States Senate will be forced by his con- trict of Texas during the life. tenure of tification and no danger of reprisals if science to stand alone." · Mr. Dooley. This will cause worries, they expressed their own deep convic Yes; they thought about me. Mr. doubts, distrust, and a further loss of tions, their own true opinions, their own President, they also thought about Sen confidence in the purity of our courts and true desires. ator PAT McCARRAN. They thought about the justice of our whole judicial system. I am reliably informed that when that Senator HARRY BYRD. They thought This can all be avoided without doing any letter and all those post cards reached about the late Senator Carter Glass and harm except possibly some degree of dis- Texas the big insurance companies in the late Senator Josiah W. Bailey, those appointment in the minds of some of the Dallas got busy with the telephone and great men of the past. They thought ringleaders who seek to dominate our the big insurance companies in other about many other Senators who will pas courts by riding roughshod over the cities got busy on long distance and com- siLly cross this great public stage in the rights of the people. menced calling up attorneys all through future. They reasoned that in the future Mr. President, it is a terrible situation the district saying, "For goodness sake, some lone Senator might have a good and when we consider that more than 500 hurry up and write 'yes' on that post valid reason for objecting to the con common citizens outside the practice of card and send it back." firmation of the nomination of 5omeone law in the northern district of Texas But even with all of that campaign, 40 from his State, and that the reason might have taken the time to write me saying percent of the attorneys responding to be of such a nature that it should not be that they believe this is a bad nomina- that secret ballot in the district voted discussed ·upon the floor of the United tion and should not be confirmed. Those "no," Mr. President. States Senate. They reasoned that a farmers have had a very sad experience Does the Senate of the United States Senator should be more familiar with with a wheat-cutting transaction. They want to force down the throats of the persons and circumstances in his own sincerely believe that Mr. Dooley's firm members of the bar of the northern dis State than Senators from other States was part and parcel of the plot. They trict of Texas a man who is repulsive to w·ould be, and that all Senators, being know this firm of attorneys, and they them, a man whom 40 percent of the at equal in power, should respect the judg know that Mr. Dooley has represented torneys in that district do not want? ment of any Senator on matters concern large railroad corporations throughout Surely not, Mr. President. Surely the ing his own home State. So they estab the years, and. still represents some of Senate would not do such a thing. lished what is known as the unwritten them. They feel that if they were to go It may be that I went out of the bounds law of senatorial courtesy, one of ·the to court with the hireling of railroad of custom in asking the citizens regard greatest unwritten laws ever established. corporations sitting on the bench, and ing this nomination; but I was brought With few exceptions this unwritten present a case involving damage by the up ·as a common citizen, and I still be law has been protected and preserved railroad to a cow, or some other damage, lieve that the rights of the common citi throughout all these years. The unwrit they might not get justice. I admit that zens of the Nation should be paramount. ten law of senatorial courtesy is just as they might get justice; but in the minds I believe their desires should be sought. sound when invoked and respected in of those honest, God-fearing people, as I believe they should have a voice in the the Senate as is the unwritten law which this confirmation is pending, there is the selection of their public officials. Yet empowers a man to protect with im feeling that if this nomination is con- here the only voice that the people of the punity the sanctity of his wife in his own firmed they will not get justice. They northern district of Texas have in the home when assailed by a powerful enemy have reason for their belief. selection of the most important public of virtue. In addition to the opposition expressed official in their life and in their territory Mr. President, it would be a phenome by more than 500 citizens of the north- is the voice of their junior Senator. They non if two or more cases of this nature ern district of Texas to this nomination, cannot come here and speak before the were exactly alike. Each case so far has at my own expense I conducted a secret Senate. They have no opportunity to been different, and perhaps all future poll by mail of the entire membership vote in connection with this nomination. cases will each be different. But if we of the bar in the northern district of They vote for the President or for the sincerely bear in mind that it is the Texas, after the nomination had been electors who elect the President. They protection of the welfare of the people sent to the Senate and the statement had ' vote for ·Senators and Representatives. that is paramount, there is not the slight been made time after time that Mr. They vote for their constables and for all est possibility of any damage being done Dooley had practically the unanimous their State public officials. But accord by the Senate through respecting the approval and recommendation of mem- ing to our Constitution, they have no unwritten law of senatorial courtesy in bers of th,e bar of that district. voice whatever in the selection of the man· each and every cMe. The attorneys of my State know that who might pronounce the death sentence In this particular case my colleague for the past 14 years when a nomina- on one of them-no voice except the voice [Mr. CONN:ALLYJ appears to be perfectly tion has been sent to the Senate by the of either or both of their United States satisfied that the appointment of Mr. New Deal administration, it was prac- ·Senators who might carry their wishes Dooley will serve the best interests of tically a "cinch," and that they dared · to the other Senators on the floor of this the people in the northern district of not raise their voices against a nomina- great body. our State. I am equally certain that tion at that stage for fear of reprisals We have one of the most unique sys the appointment will not serve the best should they ever come before that judge. terns that was ever established. As I 1947 CONGRESSIONAL RECORD-SENATE 8409 said in the beginning, it seems to me that were produced and many claims made the qualifications that are essential to the men who wrote the Constitution · pointing to him as the perpetrator of the position to which Mr. Dooley has must have been inspired. They could · the crime? Suppose that man came be been nominated, namely, the position of look down the corridor of time and en fore a judge to have his innocence or ·judge in the northern district of Texas, vision such a situation as exists here to guilt determined, and the judge had where more than 3,000 attorneys reside day-a result of corrupt politics-and never had any criminal-law experience and practice. still their system would enable this sit in his life; he had always had a civil So, Mr. President, there are many rea uation to be handled in a democratic practice; had never had any judicial sons why I object to confirmation of the fashion by every Senator with a free experience in criminal law and had never nomination. I object to it, as I have voice in the United States Senate being served as judge in any case except a said, because the nomination has been a able to voice their objections. small case 25 years previously. Would build-up over a period of more than 3 Oh, yes, Mr. President; there have that man feel safe, Mr. President? years. It was on June 21, 1944, that been a few recommendations of this Would he not rather have a man sitting Judge Wilson announced his intention to man. There were some letters of recom on the bench who had put in a large retire. More than 3 years ago Judge Wil mendation put into the RECORD. I did portion of his life in the study and prac- . son wished to leave public office, and he not count them;· I do not know how tice of both civil and criminal law and had a right to do so. But before he many-possibly 45 or 50. They were had had some little experience in sitting announced his wish to retire, those who good recommendations, and I dare say on the bench? Would not such a man were eager to get their hireling on the that many of them came from good peo feel more secure if that were the case? bench in the northern district of Texas ple. But 45 or 50 recommendations from The testimony of Mr. Dooley himself, had begun action. They did not wait 8,000 attorneys in the State of Texas as given before the Senate Committee on until Judge Wilson announced his wish would seem to me to be a very small per the Judiciary, states that his law busi to retire. He announced it on June 21; centage. The citizens of my State and ness has been chiefly civil practice. but on June 12 the corporation lawyers the members of the bar are capable of Mr. President, at page 229 of the hear and lobbyists of the Atchison, Topeka & writing strong recommendations, which ings before the Senate Judiciary Com Santa Fe Railroad were busy in the city of they have the right to do. I do not ques mittee we find that Mr. Dooley said: Amarillo, where one of them Jives, and tion their right. I should like to have My firm is Underwood, Johnson, Dooley & in the neighboring towns, getting peti those recommendations placed along Wilson, at Amarillo. We have been to tions. I have one of the petitions, and it side of the recommendations sent in gether-that is, the majority of us-for is dated June 12. We also have the state when there was a Federal judge nomi quite som-e number of years-20, I would ment of Mr. Dooley, on the witness stand, say. We have a general civil practice. We nated in the State of Virginia who was represent quite a good many individuals, that the petition in Amarillo was signed opposed by the late Senator Glass and relatively speaking. We have some corporate almost unanimously. However, accord the senior Senator from Virginia [Mr. clients, including the Shamrock Oil & Gas ing to the records, approximately one BYRD]. The RECORD is full of strong Corp., which was mentioned here yesterday, half of the attorneys signed the petition. recommendations, strong editorials, re and which, incidentally, is a relatively small That is not unanimous, in my opinion. garding that Virginian. But there was concern, and independent. So they got those petitions. After that, something else involved in that nomina All through the hearings we find there they began to find out that their candi tion in Virginia. Although the man may was no denial that Mr. Dooley is a civil date was not very well known, and had have possessed all of the qualifications practice ·lawyer. Mr. President, I am not had a great deal of experience to which were so beautifully described in not an attorney. There may be some qualify him for this important position. the letters and in the editorials, the Senators who have been attorneys who So they started to give him a "build-up." nomination was not confirmed by the would think that the practice of civil law They came before the Senate committee, Senate. qualifies a man to administer criminal nearly 3 years later, and bragged about As Governor of the State of Texas law; but it would take a great deal of the fact that Mr. Dooley was president and any other governors know that the argument to convince me of that fact if of the Texas Bar Association. But, Mr. same thing is true, I believe-inspired I were perfectly innocent and were haled President, that argument is part of the petitions and letters would pour onto before a judge and were charged with a campaign. Mr. Dooley was not president my desk whenever there was an ap criminal offense, if I knew that the judge of the Texas Bar Association when those pointment to be made. The men who had had practically no criminal experi petitions were obtained on June 12, 1944; received the most of the best letters were ence. but they ran him for the presidency of not always the best qualified men for At page 243 of the record we find that the Texas Bar Association after that date, the positions. We must give considera it is shown that Mr. Dooley said the fol to give him a "build-up," so that they tion to letters, but we must also give lowing, when questioned by the Senator coUld brag about his being president of consideration to something of far more from Missouri [Mr. DONNELL] : the Texas Bar Association. importance. We must give considera Mr. President, I have a great deal of Senator DONNELL. Mr. Dooley, have you tion to the fact of whether the Senate ever had any judicial experience at all, either respect for the Texas Bar Association; will sustain, preserve, and perpetuate as judge or special judge or special master and if a man came to the presidency of the unwritten law of Senatorial courtesy. or master in chancery, or anything of that that association in the normal course of There are many things which may sort? events, and was chosen by his associates cause a nomination to be personally ob Mr. DooLEY. I served as a special judge in in the practice of law to be president of noxious to a Senator. There are some one case, Senator, a good many years ago; that organization, and then later were things which, if a Senator should recite and that is the only direct experience of that to seek appointment as a United States them as the actual reasons for the nomi kind. judge, and were to use his presidency of Senator DoNNELL. Was it a law case or nn nation being personally obnoxious to equity case? the Texas Bar Association as an argu him, migh,t cause untold damage to in in Mr. Doo~Y. In our State it so happens ment favor of his appointment as nocent people. That is the reason why that we do not have the close separation that judge, that argument might stand. But it is unwritten law. Here is an organ you might have in your State between law the argument in the present case falls ization of 96 men. During my almost and equity cases. We have the blended sys flat as an argument for confirmation of 6 years here I have seen nothing except tem there, and with us it was simply a law the nomination, when we find that the the most profound courtesy and respect suit. position was sought and secured for the shown by each Senator for all the other Senator DoNNELL. Is that the only judicial explicit purpose of using it as an argu Senators. There is difference of opin experience you have had? ment to strengthen their case for having ion, yes; there are many differences of Mr. DooLEY. Yes; that is the only experl e:t;lce serving as a judge. this man nominated. opinion; but each Senator respects the So, Mr. President, I object to the nomi rights of the other Senators and honors Mr. President, I cannot help but be nation for that reason, as well as for his brother Senators. lieve, even as a layman, that a man nat many other reasons. There are other things to be consid urally learns more and becomes more I recognize the right of all citizens to ered. How would any Senator like to be proficient in serving on the bench by sit take part in petitioning their public offi unjustly charged with a crime, the pen ting on the bench; and I think that a cials regarding nominations. But when alty for which would be death, and a man who has never sat on the bench, a great railroad corporation such as the great deal of circumstantial evidence except in one case, does not possess all Atchison, Topeka & Santa Fe does so, 8410 CONGRESSIONAL RECORD-SENATE JULY 8 that is different. That railroad has very the FBI investigate. The taxpayers of Mr. President, since the beginniiig of large holdings in that district. It got this country were cheated out of between our Republic our Government has been not one of its lobbyists and a..ttorneys, $14,000 and $15,000, and one-third of recognized as a government of law, and but at least two of them, to go out and · it went to the son of the senior member not a government of men. Under such beat the bushes. In fact, I do not know of this firm of which Mr. Dooley is a form of government the judicial branch how many more of its lawyers and lob partner. is of great importance, because it offi byists it got to engage in that work, but An attempt has been made to white cially interprets the laws enacted by the I know that at least two of them rode wash this thing, to show that Mr. Dooley legislative branch. Too much stress to Washington on railroad passes, to ap was sitting there in one of the offices, cannot be placed on the selection of pear before the Senate Judiciary Com and that he was so inoffensive, so meek, members of our judiciary: mittee. As for the more than 500 com and kind,.and good, that he did not know On every hand for many years we have mon citizens in that section of the coun that thing was going on. That is what heard able attorneys denounce the cor try who sent letters on this subject, it he said, that he did not know anything rupt judicial system of this Nation. is rather difficult for some of them to about it. They say that it has come to a low level. dig up 3 cents for a postage stamp; and, No one ever charged that Mr. Dooley Prominent attorneys have told me that of course, a letter might not have as went out and got on one of those com it is no longer wise, or the ex!)edient much influence as the personal appear bine harvesters and drove it down the thing to do, to select one's attorney on ance of one of these polished, high-class wheat field and cut the wheat, but there the basis of his experience and what he attorneys and lobbyists representing the are many people who do believe that knows, but that the thing to do is to great Atchison, Topeka & Santa Fe Rail every partner in that firm should have select an attorney, in CP.,se one gets into road. I believe it is totally and wholly some responsibility regarding that con a law suit, on the basis of whom he knows unfair for the Senate to bow down to tract, which took out of the pockets of on the bench, instead of what he knows. these corporations and do their will, in certain persons over $14,000. It is not All the complaint in this case comes the face of the opposition by the rank possible to change the minds of the citi from the knowledge which citizens have and file of the citizens of the northern zens in that district who know about the of the activities of Federal judges, and district of Texas who may come under matter. They think it was a rotten deal, every one of them has been confirmed this judge in any case they have which and they do not think a member of that by the United States Senate. We cannot comes up in that district. So I think firm should be rewarded with appoint lay all the blame on the President. it is unfair. ment to the Federal bench, and that is Mr. President, it is not very often that what they consider this appointment objection is made on the floor of the I also think it is unfair and it is wrong to be. .Senate to the nomination of a Federal for a man to be selected and picked out Mr. President, that is another reason judge. This is the first time I have ever from a firm of attorneys that has a for rejecting the nomination, a good rea made objection to one here. It is not a record of being as close to the perpetua son, a sound reason. The railroads in very pleasant thing to do, but it is duty, tion of fraud against the taxpayers of Texas are not the only railroads against and I am performing my duty in re the United States as does the legal firm which suit has been brought by the Fed sponse to my own conscience and in re of Underwood, Johnson, Dooley & Wil eral Government because in time of war sponse to call-s from citizens of my State son in connection with the wheat-cutting they overcharged for hauling our soldier who have no other way to express them deal at Amarillo, Tex. That was a deal boys, overcharged our Government for selves except through the voice of their whereby the farmers had given up 15,000 hauling munitions and weapons of war. junior Senator. acres of their land in order that the A suit against practica)ly every railroad Mr. President, a bad situation con Government might build the Pantex in the United States has been instituted. fronts us, and there is another bad situa ordnance plant. They gave it up. with- , Those railroads knew whether they were tion in the making right here today. out a whimper, and they moved off with innocent or guilty. They had an idea This is where judges are made. They in 2 weeks, and their crops were almost whether they were going to be accused. must be headed off here, or they will be ready to be harvested. They moved off There are smart men in those railroad on the bench for life. If there is any and left their crops, thinking their Gov corporations, and they know that if they little shadow of doubt, I think we should ernment would do right by them. can get one of their meek, inoffensive give the benefit of the doubt to the peo Then along comes a partner of Mr. hirelings picked out of some big law firm ple who are paying the salaries of the Dooley and hires out to the Pantex Cor and boomed up to a Federal judgeship, judges, and who will be governed by their poration. The money that is paid for perhaps they will get a better deal if their decisions, instead of paying too much his services goes into the treasury of case ever comes before that judge. They attention to the heart throbs of someone Underwood, Johnson, Dooley & Wilson. are not asleep. who anticipates the appointment. The money goes there for services in con I am not condemning the railroad cor To my knowledge it has never proved nection with obtaining the land and see porations. They have a right to do fatal to any aspirant or to any nominee ing that the title is good. that, and I have a right to tell the United who has been rejected by the United Then the Pantex Ordnance Corpora States Senate if they do it. The re States Senate. Mr. President, our wise tion, a Government corporation, seek sponsibility rests on the United States forefathers in writing the wonderful Con ing its legal advice from a member of Senate. If Senators want to confirm a stitution I have been discussing today the firm of Mr. Dooley, got another man man in disregard of that testimony, that placed responsibility of selecting Federal placed in there, and by some slick meth is certainly their prerogative, and I have judges jointly on the shoulders of the od they work out a contract for cut no criticism whatever to make, because, Chief Executive and the United States ting the wheat. There are farmers all thank God, every Member of the Senate Senate. At that time the sovereign around Amarillo. The farmers who has a right to vote as he chooses to vote. States comprising the Union were looked planted the wheat had combines with These are grave charges against this upon as important factors in the Federal which to cut the wheat. They were in firm, and it is a big firm of attorneys, Government. To protect the welfare and the business of cutting wheat, and they and an influential firm. I have intro interests of the people in the sovereign wanted to cut wheat. The current price duced into the RECORD testimony on the States each State ·was to be represented for cutting wheat was $2.50 an acre. part of a judge stating how they in by two ambassadors or Senators, as they Yet a contract was concocted by certain fluenced other appointments in their dis are called, sitting in the upper House of people so close to this firm that the farm trict, how they swap the appointments the legislative branch. Each Senator ers from around there write me that they around and get men out of their office possessed equal duties and responsibili believe the Dooley firm engineered the into the Government judgeships, and ties with the other Senator. It is a great thing, and had a lot to do with it. This then get people out of the Government system, but if everything is true that I contract was concocted, which gave the back into their office, until it has become have been told with respect to a corrupt contract to a certain individual, and then a very powerful organization. judicial system in the United States, it the son of the senior member of the law There is reason to object to this nomi seems to me it is high time that a little firm became one-third owner in the con nation on manY, many, many different more attention, a little more scrutiny, tract to cut this wheat at $5.65 an acre. grounds. Senators may take their and a little more serious consideration It was surh a stinking deal that the choice. I am giving them a-variety of be given to nominees for the Federal public, in disapproval, demanded that reasons. bench before they become judges. 1947 CONGRESSIONAL RECORD-SENATE 8411 There have been a few cases in which I think I should prefer to hear what those picked out, and those who wish to hu one Senator has.risen on the :floor, some favoring the nomination have to say. For miliate me said, "This is where we will if they can tell me' better than I know, embarrass the junior Senator. We will times two Senators, objecting to a myself, whether this nomination is per nominee as being personally obnoxious. sonally offensive to me, I shall be greatly show the people of his own home town The able chairman of the Committee obliged to them. that he has no influence whatever in on the Judiciary has published a memo Washington. We will simply railroad randum on the instances of personal That is the reason underlying that into office a man who lives 340 miles objections. It has been discussed in unwritten law. It was to place in the away from Fort Worth.'' I use that the Senate. There is the case of a hands of every Member of this august · word "railroad" advisedly, because the Commissioner of Immigration at the body the right to defend himself, and to Atchison, Topeka & Santa Fe pulled him port of New Orleans, which was recom receive the respect of his colleagues in in on a double-header. mitted and not again reported. Former doing so. Mr. President, I want to make it abso Senator Reed at that time made the I quote from the Roberts case: lutely clear that if the Senate permits statement that the only thing against The Senators from Virginia, in reply to the use of this body as a political weapon, the appointee was the personal obnox the request of the chairman of the Judiciary the present case may sooner or later iousness objection made by the Senator Committee for information concerning the have an effect on e'very Senator. The from Louisiana, the late Senator Long. nomination, said: "This nomination is ut United States Senate is being used as a terly and personally offensive to the Vir political weapon in this case. The The committee took the position then ginia Senators, whose suggestions were in White House has been used, the judi • • • that if this were an office to be vited by the Department of Justice, only to exercised wholly within the State of Louisi be ignored." This objection raises the ques ciary has been used, the House of Rep ana the objection of the Senator would be tion as to the custom of the Senate in the resentatives ·has been used, and now at conclusive, and we would report adversely matter of senatorial courtesy when such tempt is being made to use the United on the nomination. objections are raised by a. Senator as to· a. States Senate as a political weapon. If nominee from his. State, and as to whether it can be used as such in my State it can That has been held on down through such objections shall be sufficient without be used in the State of every Senator. the years, that when a Senator objects the presentation of facts tending to justify Mr. President, the Senate is to vote to a nomination of a person who is to such objections. This matter has not been on the nomination at 4 o'clock this aft serve wholly within the State from which in direct issue since 1913. It is evident that the Senator comes, and the Senator it should be considered by the full com ernoon. I have a great deal of infor mittee. mation on my desk which I have not had says that the nomination is personally time to place in the RECORD. It is highly obnoxious, the Senate will sustain the It is very interesting to take time to important. But it appears to me that objection. In the case cited, the duties read the statements made by the Sen I have given ample reasons for the rejec of the office were not to be performed ators at that time. In the Boyle case, tion of the nomination. Since the nom wholly within that jurisdiction. That is the Senator from Nevada [Mr. McCAR ination came before the Committee on the statement made at that time by RAN] objected, in a statement before the the Judiciary I have been informed that former Senator Reed. Committee on the Judiciary,. as follows: some new and vital evidence bearing on Mr. BINGHAM. Even though the other the nomination of which I believe the Senator from the same State who is a per The present nomination of William S. sonal friend of mine believes differently. Boyle, now pending before the Judiciary Committee on the Judiciary should have The States are represented by two Senators, Committee of the Senate, is personally of the benefit, exists. and if one of those two Representatives makes fensive and personally obnoxious to the I have been informed that the retir such a statement as was made on this floor junior Senator from Nevada because of the ing judge, Judge Wilson, who is known by the junior Senator from Louisiana, no foregoing and because the nominee has lent by many people in Texas as the cam h~mself to a combination to take a slap at matter how much I may disagree with him the junior Senator from Nevada and to dem paign manager for Mr. Dooley, has been on every position he takes-and I think it striving in every way possible to name fair to state that probably there are no two onstrate that whatever influence the junior Senators on this floor who are more divergent Senator had in Washington had gone. his own successor. There are many who in their views on public questions than the The nomination was rejected. do not believe in a judge naming his junior Senator from Louisiana and !-never own successor. I have not had time to theless when he takes the position he has In the Roberts case the then junior go into all the charges which have been taken regarding this matter it seems to me Senator from Virginia [Mr. BYRD] made, but I have. been informed that that the only fair thing to do is to send the stated, in part, as follows: some advantage lies in a judge naming the nomination back to the committee for It is my sincere and honest conviction that his own successor, the advantage accru further consideration. this nomination was made for the purpose of ing by reason of appointments in re being personally offensive to the Virginia Mr. Bingham said further: Senators, and it is personally offensive to ceiverships bmg given to members of On the floor this evening, in response to the Virginia Senators, and is personally ob his own family, or to firms of attorneys a question of mine; he suggested that the noxious to me, as well as to my colleague. I who employ his own son, and that such nominee is personally obnoxious to him, and am well aware of the responsibility that I appointments are very lucrative; that a it has been my practice during the 7% years take in making this statement of complaint retiring judge would hate to see all his 1 have been here always to vote in accord of personal obnoxiousness, but I want to say friends kicked out or all his friends, ance with any such preference expressed by to the committee that I make that complaint whom he hopes to have appointed in the a Senator, no matter on which· side of the with full knowledg~ of that resp_onsibility future, have no chance to be appointed aisle he might be. as a Senator from Virginia. in the ·case of receiverships. So it All through these cases it will be found The nomination objected to by the might be that Judge Wilson wants to that many Senators took the position Senator from Virginia was rejected. name his successor. The charge has that no one should know any more about The case before the Senate is almost been made by many attorneys that he whether a nomination was personally ob an identical case. As I previously stated, has sought from the very beginning to noxious than the man making the objec each and every case is somewhat differ name his successor, and that he would tion. The late Senator Glass brought ent from the other. But in the Roberts like to see that successor be Joe B. Dooley, that out very forcefully when he was case an attempt was made to belittle and of Amarillo. before the Senate Committee on the humiliate and embarrass both Senators I read a long letter from the judge Judiciary. I want to review that case from the State of Virginia. The case which he wrote me on the lOth day of here for a few minutes, because it bears now before the Senate is one,intended to January of this year, which indicated on the appointment that is being con humiliate and embarrass the junior Sen that he was not entirely unfriendly to sidered now. When the committee was ator from Texas. If there is any place Joe Dooley. He had about as many nice talking about hearing other witnesses where a United States Senator can be things to say about Mr. Dooley as any who had come before them to testify in most effectively embarrassed it is in his of the other attorneys that have writ favor of the nomination, they asked Sen own home town. Conduct the execu ten in. Several of them have said some ator Glass whether he preferred to testi tion on the c0urthouse lawn of his home pretty nice things about him, and many fy first, or whether he preferred to let town. So, Fort Worth, the city in which of those who wrote and said the nice the other witnesses come :first. Senator I have lived ever since I have been in things about him are respected citizens Glass, with his unusual clarity of ex Texas, from which we have had a United of our State. But of all the letters that pression, said: States district judge for 70 ·years, was have come to my attention not as many 8412 CONGRESSIONAL RECORD-SENATE JULY 8 have been in favor of Mr. Dooley as have I simply got my name on the ticket and There was not a hitch anywl1ere. Nom been opposed to him. started to run. inations were submitted-and considered, Judge Wilson, who has been on the However, I do know that 40 percent of and confirmed or rejected. There were bench about 27 years, I believe, pro the attorneys who responded to my poll thousands of them. But the 'judge was ceeded to give me a little political ad do not want Mr. Dooley. I do not believe told, "Stay on, -because we are at war vice, and, goodness knows, I need it. I that they would fight me. I did not know with Germany. Just wait until Ger am no politician. I am simply a com at that time that there were so many many goes down." mon citizen who accidentally fell into the opposing his nomination. From all that He waited patiently. He wanted to position he now occupies, and is trying I had heard, it was difficult for me to be get out. Finally Germany went down. to do the best he can. Many people in· lieve that there was a single solitary at It is not General Wilson that I am Texas were responsible for placing me torney who could possibly be against Mr. talking about. It is Judge Wilson. He here,- because we still secure cur Gov Dooley. was not a general. He was not fighting ernors and United States Senators in The big railroad attorney, Mr. Pipkin, the war. He was a judge in the north Texas by election. The reason I hap attorney for the Atchison, Topeka & ern district of Texas. I have never been pened to be elected to office four times Sante Fe at Amarillo, testified on the able to find out what ·he had to do with was because-more people voted for- me stand that he knew practically every at the war so far as his official position was than for my opponent. torney in Amarillo. He had been there concerned. Mr. President, if Judge Wilson has any for a great many years. He said that he Mr. Dooley could· have taken this job desire or intention to name his successor did not know of another man in the en at that time, I presume. However, the I do not believe it is a good thing. I do tire city of Amarillo who had the quali New Dealers were not through grooming not believe he should have anything to fications that Mr. Dooley had. He al him, dressing him up, and getting him do with naming his successor. most indicated that there was no other ready for the race. They had to run As I previously stated, the letter he attorney in Amarillo capable of han him through as president of the Texas wrote to me gave me some political ad dling this job. He did · not say exactly Bar Association, and do a few other. vice. I shall· not take time to read the that, but the way he said it, it sounded things to dress him up so that he would letter again. It is already in the RECORD._ that way. lo'ok like a judge, before they brought Judge Wilson began -his letter by saying I · have a great ·deal of respect for hh:h out too far. So they commenced that he noticed in the newspapers that I Amarillo and for the attorneys of Ama to tell Judge Wilson from Washington, was thinking about running for reelec-· rillo. Amarillo is in my State. But the "Now that Germany has !:{one down, tion next year. Possibly such a state judge was -trying to persuade me, if not please stay on until Japan goe.s down. ment was contained in the newspaper, to threaten me with reprisals if I dared We must fight another war, Judge. We, but I have not-announced as yet whether to oppose the nomination of his candi must whip Japan. So you stay on the I will run for reelection. I will announce date, Mr·. Dooley. Now look at me. Here bench until Japan goes down, and then my intention in due time, and in plenty I am opposing it. perhaps we will let you out." of time. The judge proceeded to tell me that The 1948 election was drawing closer The judge proceeded to tell me what a he himself was not entirely dumb about and closer. Mr. Dooley's sponsors were terrible thing it would be for me to get all politics; He -pointed out that he knew continually putting off the nomination, the attorneys against me· by opposing something about politics. Naturally l for reasons which seem very weak to me. the Dooley nomination. Each of those think a ·great deal of the opinions of After Japan went down, we had no attorneys is going to have a vote, and some of our judges. But the judge had one else to whip. Our enemies had all they have a great deal of influence. · I been trying to get out of this job ·down surrendered. The· war was over. Then think the advice the judge gave me was there. since June 21, 1944. Mr.'Dooley's friends tried to lelay a little good advice. But what am I to do? - We must get a picture of this thing longer, until August 9, 19'46. August 9, Should I take the advice of that able to show him it all happened. It is often 1946, is a ·very significant date, because jurist, Judge Wilson, and crawl back into· difficult· to paint a picture for Senators of· its proximity to 'another significant my hole and pull my hole in after me, and so that they will all understand the sit date. On August 9 the senior Senator not say anything about this abominable uation. However, I am plodding along from Texas, who had been carrying nomination, merely so that I shall have and doing the best I can to present a Judge Wilson's resignation around in less resistance, less opposition individu picture. his pocket undateg, dated it August 9 ally if and when I run for reelection? I The New De.al political gang in Texas and sent it to the President, all the time could have taken such a course very wanted to time this nomination so that. bearing in mind that the elections in easily. I could simply ha~e ignored the it would come out exactly right in con Texas were drawing nearer and nearer. nomination and not said anything nection with certain primary elections in Finally the nomination was started on against Mr. Dooley. Then the attorneys· Texas. They had to figure these things_ its way. It did not reach the Senate the judge was speaking of might have out, and take into consideration a great until the 8th of January, 1947. That was thought, "O'DANIEL is· all right. He is a many factors. They do not have very about 6 months ago. Since that time the good fellow. He did not interfel:e with much else to do, so they work day and nomination has been under consideration. our putting this thing over." night to figure out how to get rid of those There was another reason for Judge But there are some other people in who are fighting the New Deal. Wilson writing me that three-page letter. Texas. They commenced to ask . me. This was in June 1944. I did not come There was a great deal contained in the ··what are we going to do? It would be up for reelection until the following year. letter which was very significant. · When terrible to have Joe Dooley on the bench. At that time the New Dealers in Texas he wrote that letter .be did not want me We do not want him. What shall we do? were not trying to execute me politically to do anything that was wrong; he did There was nothing they could do except on the town square of my home town of not want me to oppose this man. He tell me. The nomination had already Fort Worth. Such an effort would not was a "good man." He thought that if been made. So it was for me to choose have had much effect. They wanted to it came up just before my election-that between duty and expediency. I chose get as close as they could to the time is, if I should run-my opposition to Mr. dut~r. and decided to oppose the nomina when I would be due to run for reelection, Dooley would do me a lot of harm. So tion on the floor of the Senate. in case I decided to run, so they kept· he sent the letter to me and in it he It may be that all the attorneys in the postponing the nomination. pointed out something that would be a northern district of Texas and their con The judge told me that the powers in terrible catastrophe, something that was nections in the other districts of Texas Washington said to him, "Please stay on not anticip~:tted by some of the people will be angry at me. If I choose to run the bench until we whip Germany." who were in on the plot of which I am for reelection they may persuade their When I heard that I obtained the rec speaking. They did not realize that the wives and families to go along with them, ord of nominations, and learned that people of this Nation would get fed up on and build up a great deal of opposition to the nominating machinery of our great the New Deal and change in the election. me in case I should run again. But I Government never slipped a cog. It That election threw the fear of God into cannot help that. I have never given continued to function durinE the war many of the New Dealers in Texas. They consideration to such things when I ran. like a well-oiled piece of machinery. woke up and said, "My goodness gra- I 1947 CONG-RESSIONAL RECORD-SENATE 8413 cious f The Senate will be dominated by whether or not a lifetime judge should be forwarded to me, requesting a copy of a Republicans and we have not yet got Mr. permitted to choose his successor. letter written by Judge James C. Wilson, of Dooley confirmed. Maybe we will get a Since I have no means of securing the cor Fort Worth, Tex., on or about November 22 respondence between Judge Wilson an.d the to the President of the United States, with little justice out of the Senate. Maybe President and the Attorney General, I re reference to an interim appointment in .the nominations will not just slip through, spectfully urge your honorable ()Ommittee to office of United States district judge for the Maybe there will be a little hesitancy secure copies of all the correspondence bear northern district of Texas. if for no other reason, a political reason. ing upon this nomination for your use as The correspondence of the President of Maybe the Republicans in power will well as mine. the United States has always been considered, scrutinize Democratic nominations a Sincerely yours. of necessity, confidential. This precedent little more closely." That letter was signed by me. must be followed in this instance. They became worried about it. I did I understand that when the chairman I regret very much my inability to comply not know how badly they were worried with your request. of the Senate Judiciary Committee re Yours very sincerely, until after the committee had finished ceived that letter he laid it before the ToM C. CLARK, consideration of the nomination and sent committee. I know that be called me Attorney General. it to the Senate, and then I was in immediately and said the committee formed Judge Wilson had written an would like me to make an effort to get Thereupon I wrote, under date of July other letter. He was worried about the the letter, and if I was unable to get it, 7, 1947, to the Senator from Wisconsin situation here, and he got to thinking I understood that he or the committee fMr. WILEY], as follows: that if he could get the President to would make an effort to get it. So, im JULY 7, 1947. appoint Mr. Dooley as an interim ap mediately upon receipt of that informa The Honorable A. J. WILEY, pointment during the recess of Congress, tion. I wrote a letter to the President, Chairman, Senate Judiciary Committee, Mr. Dooley would be sitting right on the which was as follows: Washington, D. C. bench when the Senate came back, and MY DEAR SENATOR: In response to your sug JUNE 80, 1947. gestion I wrote the President, and the At therefore he would have a distinct The PREsiDENT, torney General, e.sking for a copy of the let advantage. TILe White House, Washington, D. C. ter written by retiring ludge, James C. Wil I never saw the letter which be wrote, MY DEAa MR. PREsiDENT: I am informed son, of the northern judicial district of but I am told that he wrote a letter to Judge James C. Wilson, of Fort Worth, Tex., Texas to the President 11-22-4:6 bearing on President Truman urging something wrote a letter to you on or about November the appointment of Jae B. Dooley as his suc- alonG that line. I have been told by 22, 1946, urging that you make an interim cessor. . someone who claims to know exactly appointment of Joe B. Dooley, of Amarillo, I now attach hereto copy of letter I have Tex., to succeed h im and giving some of his just received from the Attorney General, what was in the letter. Whatever was in reasons and opinions. I have asked Attor it I think should have a good deal of refusing to give me a copy. ney General Tom Clark for a copy of this It now appears that if the Judiciary Com beal'ing on this nomination; and it ap letter, and have also asked Chairman A. J. mittee is to have· the benefit of this im pears to me that the nomination should WILEY, of the Senate Judiciary Committee, to secure a copy of same for me. Mr. WILEY portant letter bearing on the appointment be recommitted to the Senate Judiciary of Joe B. Dooley, it must obtain same through Committee so that the committee can get took up the matter of my request with his committee today, and he now says that I some other source than me. the letter, or a copy of it, and see exactly should ask you for copy of the letter so I From information given to me, this let what it contains. As I have said, I never can give same to him. · ter has an important bearing on the nomina saw it, but I have good reason to be I believe this letter should be considered by tion, and certainly the Senate Judiciary lieve that the letter exists or that it did the committee and the Senate in connection Co.mmittee should not be denied the right exist. It may not exist at this time, but with Mr. Dooley's appointment, and respect to review such important evidence. I trust it did exist, according to my informant. fully ask that you furnish same to me. you wm make an effort to obtain the letter If With kindest personal regards, I am, under discussion. it did exist, there should be some Sincerely yours, Sincerely yours. copies of it, so that we may know what W. LEE O'DANIEL, was in it. I can see no harm, inasmuch United States Senator. Mr. President, I should now like to read as this nomination has been put off since an Associated Press article from Ama June 21, 1944, in sending it back to the I wrote a letter on the same date to the rillo, Tex., dated July 3: committee for a few days so that the Attorney General, as follows: JUDGE WILSON DENIES WRITING TRUMAN TO GIVE committee can get the rest of the evi UNITED STATES SENATE, JOB TO DOOLEY AS O'DANIEL DECLARES IN dence, if it is able to get it. June 30, 1947. SENATE • I referred the matter to the chairman DEAR MR. ATTORNEY GENERAL: I have been .AMARILLO, July 3.-Judge James C. Wilson, of the Senate Judiciary Committee as requested by Chairman WILEY, of the Senate of the Federal court for the northern dis Judiciary Committee, to ask the President trict of Texas, denied here Thursday he had soon as I heard about it. I wrote him and you for a copy of a letter written by under date of July 25, 1947, as follows: ever written President Truman u rging the Judge James C. Wilson, of Fort Worth, on or appointment of Joe B. Dooley as his suc DEAR SENATOR WILEY: Judge James C. Wil about November 22, 1946, to the President cessor. son, both before and since his retirement, has requesting an interim appointment for Mr. {During the Senate debate Wednesday on campaigned for the appointment of Joe Joe B. Dooley. Dooley's nomination to be judge for north Dooley as his successor. I doubt seriously I have already asked you ·to secure a copy Texas, Senator O'DANIEL said he had heard if the Dooley appointment would have been for me, and I am enclosing letter I have that Wilson had written a letter November made had it not been for the campaign waged addressed to the President. I will appre 22 to the President suggesting Dooley be · by Judge Wilson in his behalf. I recently ciate any help you can give me in securing given a"n interim apointment before Congress learned from a reliable source in Texas that this letter because I feel it should be rightly convened last January 3.) Judge Wilson ,has had considerable .corre considered by the Judiciary Committee and "I never," Wilson said, "urged the President spondence with the Pres:dent and probably the Senate. to appoint any man to this position. After the Attorney General urging and demanding With best personal regards, I am, Dooley was nominated for the judgeship I the appointment of Dooley. Sincerely yours. did urge his quick confirmation. 1 didn't do After the November elections, Judge Wil that because I was for Dooley, but because I son wrote the President and insisted upon That letter was signed by me. wanted a judge to succeed me so I could Dooley's appointment being made immedi I have a reply dated July 7, 1947, from retire." · ately as he was afraid the Senate, composed the Attorney General, which reads as Wilson sent Senator CoNNALLY a telegram of a majority of Republican Members, would follows: Thursday giving him permission, with ap delay or refuse to confirm Dooley unless he proval of the President, to let CoNNALLY have was already on the bench. It is my informa DEPARTMENT OF JUSTICE, all of his correspondence with President tion that this letter contained remarks which / OFFicE OF THE ATTORNEY GENERAL, Truman. Washington, C., July 7, were derogatory to me, and coming from D. 1947. The telegram ~aid: Dooley's campaign manager, Judge Wilson, Hon. W. LEE O'DANIEL, "O'DANIEL insisting Dooley matter be re would probably reflect the attitude of Dooley United States Senate, ferred to Senate committee; .to get my cor himself. Since I have repeatedly stated that Washington, D. C. respondence with President Truman. This this nomination was personally obnoxious MY DEAR SENATOR O'DANIEL: 1: have for was whUe this Congress was 1n session, I to me, I think this letter is material, not only reply your letter of June 30, addressed to think possibli in March. This is my consent - on that subject. but al.ao on the subject of the President, as well as the copy ther~ot tor you tQ have all this correspondence. 8414 CONGRESSIONAL RECORD-SENATE JULY 8 "It does not deal with Dooley, but about written by Judge James C. Wilson, on or THE WHITE HOUSE, changing terms of my retirement, which I about November 22, 1946, I beg to advise that Washington, July 8, 1947. approve, 1f President wanted it that way. no such letter was written to me. Hon. ALEXANDER WILEY, After first two letters were passed between I am advised that the letter referred to Chairman, Senate Judiciary Committee, us . (Wilson and the President) our further was a personal one written to the President . United States Senate, correspondence at that time was purely per and I am informed is now in the files at the Washington, D. C. sonal; had no relation to this matter what White House. DEAR SENATOR WILEY: I have your telegram soever, but if President sees fit to turn it of July 7th in which you ask me .to deliver over it is entirely agreeable with me. This I have previously furnished this informa to you a letter written to me by Federal Dis is only correspondence I have hf.d with the tion to Senator O'DANIEL. trict Judge James C. Wilson, of Texas, in President." Regretting my inability to serve you, I November 1946. The letter you refer to was O'DANIEL said Thursday he had asked Tru am, a personal letter so I am unable to comply man if it is true he received a letter from • Sincerely yours, with your request. Wilson, a resident of Fort Worth, suggesting TOM CLARK, Very sincerely yours, the nomination of Dooley. Attorney General. HARRY TRUMAN. The Senator said ·he had written letters to A telegram went out to Judge Wilson the President and Attorney General Tom Mr. O'DANIEL. I think that letter is Clark asking if they knew of such a letter, at the same tme. In reply, I have re impQrtant because it confirms the exist and to malre it available if it exists. ceived the following telegram, dated at ence of a letter of November 1946. It is The purpose of an appointment, O'DANIEL Fort Worth, Tex .. on July 7: further confirmed by the letter from At said, would be to give Dooley a better chance Senator ALEXANDER WILEY, torney General Clark, and it has been re for confirmation by a Republican-controlled Chai-rman, Senate Judiciary Committee, ported to me. Yet in the Associated Press Senate. Washington, D. C.: report from Amarillo the judge denied The Senate will vote on the Dooley nom ination Tuesday. Your wire just now read to me by my he ever wrote any letter on the subject secret ary at Amarillo, Tex. We are 350 miles at that time. It appears to me that it So, Mr. President, according to that apart. She keeps the files. Of course I would have a great bearing, and ·by all Associated Press dispatch, ·Mr. Wilson m ight find them if I had time, but, dear means be given consideration by the disclaims having written such a letter, Senator, I want to -say to you and your com Senate Committee on the Judiciary. It for he is quoted as saying, "This is only mittee that I wrote no letter to either Sena could be obtained by different means, correspondence I have had with the tors O'Daniel or Connally or Attorney Gen eral Clarlr or the President favoring the ap including a subpena upon Judge Wilson, President." pointment of Mr. Joe B. Dooley or any other who in spite of the President's words to In my opinion, such a statement con candidate prior to his making the appoint the contrary, denies having written the stitutes a claim that he did not write ment. I decided to stay out of it because letter. The only way it can be given con the letter which I have been informed he of so many friends of the bar who were pros sideration by that committee is for the did write on or about November 22. pective applicants. I had only one. corre Senate to recommit the nomination to Under such circumstances, when Mr. spondence with the President. I think it was the Senate Committee on the Judiciary, Wilson states, according to the Associ in March this year. The first two letters had and the motion I have made is that it be ated Press dispatch, that he did not only to do y.rith my retirement. It occurred so recommitted, and I trust the motion write the letter, and when I have it to me he had made a slight change in the will be carried. on good authority that the letter was conditions of my retirement and I was writ ing to let him know if he wanted it that way Mr. President, how much time have I written and was received by the Presi it was all right with me. The balance of the remaining? dent, I think it is the duty of the Senate correspondence with him was purely per The PRESIDING OFFICER / 1947 CONGRESSIONAL RECORD-SENATE 8415 in many instances. I also appreciate done in respect to other issues, but if the mittee or the full committee questioned that it can be and is sometimes abused. obnoxiousness stems from a disagree the qualifications-! want to make that As I understand, the junior Senator ment with the President, or the present plain, because I want to be fair about it from Texas has interposed that sort of administration, or the New Deal, or what- who questioned the qualifications or the objection, using the term "personally . ever we may care to term it, if that is the character of the nominee. I have said obnoxious." . If the nominee is per reason why the nominee is obnoxious, I that before, and I repeat it. Certain wit- sonally obnox1ous to the Senator, for think I know what I shall do. , nesses · appeared, even from my own some strictly personal reason, then I Mr. O'DANIEL. Does the Senator State. Many witnesses from the State of shall not vote to confirm him. But I want to place himself in the position of Texas, who are friends of mine, have told want to· know and be assured that the being the judge as to whether or not the me, by letter, by telegram, by telephone "obnoxious" is associated with the "per thing I have in mind makes the nomina conversation, and in person, that, in their sonally," and I want it to be the indi tion personally obnoxious? judgment, the junior Senator from Texas vidual who is personally obnoxious. If Mr. McCLELLAN. I do not under [Mr. O'DANIEL] has not been treated the nominee is said to be personally stand there is any obligation on the part right in the State of Texas. obnoxious because of any relationships, of the President necessarily to consult Mr. CONNALLY. Mr. President, will or associations, or any action on his part me before he makes an appointment in the Senator yield? I dislike to interrupt which actually, directly or indirectly, my State; I try to maintain that rela him. affected the junior Senator from Texas, tionship, but I know of no law that co_m Mr. MOORE. The Senator can answer then I want to respect the rule. But if pels him to do it. But what I am trymg me in his time. I have only 10 minutes, the obnoxiousness stems from the Sen my best to ask the'Senator is, whether, and I think I should like to make this ator's disagreement .with the present because the Senator is in disagreement statement. administration as to its policies-and I with the President of the United SW.tes Mr. CONNALLY. I thank the Sena have not always Rgreed with the ad and his policy of making appointments, tor. ministration, and rlo not always vote as if the Senator's position stems from that, Mr. MOORE. I know the power of the administratil)n wants me to vote-if then I might disagree with the Senator the senior Senator from Texas. I know· that is the bas!s of what is now termed as to what the term "personal obnoxious the power of the present administration, "personal obnoxiousness," and not the ness" means and I am entitled to place and I think I know something about the individual who is the nominee, then I my interpretation ori that. If that is standing the junior Senator from Texas think I can determine how I should vote. the basis, then I think I might exercise has with reference to the administration. I should like to have the Senator clarify my discretion, and not ask the Senator I would be very dumb if I had not ob that. to tell me what is in his mind. served it. The senior Senator from Mr. O'DANIEL. Mr. President, I have I am only asking the Senator whether Texas has power that I am not envying spoken for some time on this subject. he will state on tlie floor of the Senate I appreciate the question from the Sen at all or questioning. He has the power that this man-not a system, not the to nominate whomever he pleases for ator from Arkansas, and I realize the im- New Deal not an administration, not the appointment in Texas, because he has portance of the question. . P::esident' of the · United States, not his I have said that all' through the preVI been· strictly an administration man, as policies, but this man, this individual-is I look upon it. That is not said in criti ous cases which I have reviewed it has personally obnoxious because of some act been the outstanding consensus of cism. He is responsible for the appoint of his. ment of the Attorney General, Tom opinion throughout the years of promi Mr. O'DANIEL. I am certai~ly glad to nent Senators that if a Senator states Clark; I know that. Of course, it is a restate the fact that the nominee, Joe B. common understanding that the junior that a nomination· is personally obnox Dooley, is personally obnoxious to me, _and ious to him, that is as far as the Senator Senator from 'rexas has not been re the nomination is personally obnoxious garded or considered in the matter of should go. Then the other Senators toma . nominations. The junior Senator from based their act of supporting or not sup Mr. MOORE. Mr. President-- porting the senatorial courtesy rule on Oklahoma occupies the same position, The PRESIDENT pro tempore. Does but probably for different reasons. I the fact that the Senator stated that the th') Senator from Texar yield to the Sen nomination was personally obnoxious. happen to know, and it is a great good . a tor from Oklahoma? fortune to me to know, a great many peo It was brought out that if a Senator Mr. O'DANIEL. I am glad to yield. throws the responsibility on the other ple in the State of Texas, business firms Mr. MOORE. Has the Senator some and professional firms. I have every con Senators to decide whether or not a cer time remaining in which I might make a tain act or acts constituted sufficient .fidence that whatever is done by the Sen statement? · ate will not operate as an effective purge grounds for personal obnoxiousnass, Mr. O'DANIEL. I shall be glad to yield there is no need for the rule whatever. of the junior Senator from the State of the Senator whatever time he desires, if Texas, because that purge has been at Mr. McCLELLAN. Will the Senator I have that much time left. further yield? tempted, as we all know-it is common The PRESIDENT pro tempore. The knowledge-by the executive department Mr. O'DANIEL. I am glad to yield. Senator has 10 minutes remaining. The of the Federal administration, by the Mr. McCLELLAN. I am not caring at Senator from Oklahoma is recognized. House of Representatives, and by the the moment about what some other Sen Mr. MOORE. I feel, because of my judiciary; and now, as the Senator says, ators have done, and what may have participation in this matter, that I should this is in effect an attempted purge by been done in this or that particular case. make a statement', in justice to all parties the Senate. I do not agree with that. The personnel of this body changes, and concerned, including the Senate, includ I do not think the Senate can purge I do not feel rigidly bound by all the ing the two Senators from Texas, and in the Senator from Texas. I know the precedents of the Senate. What I . want cluding Mr. Dooley. people of Texas are an independent clarified is this-and the Senator 1s the I was chairman of the subcommittee only one who can answer the question which first took testimony with respect sort-they would have to be rather is the appointment of this nominee, be to the nomination, and a great many wit broadminded to have elected, time and cause of his character or lack of char nesses appeared from Texas, prominent again, the senior Senator from Texas acter, because of his lack of professional lawyers and other prominent citizens of and the junior Senator from Texas. qualifications to fill the position to which Texas. The senior Senator from Texas, They are men of diametrically opposite political views. But the people of Texas he has been appointed, or because of ~ny having served a long time on the Com act he has ever done which directly af mittee on the Judiciary, and having can do things of that kind. fected the Senator from Texas, person served on other committees to which ap I merely want to say that, so far as ally obnoxious to him? pointments have been sent for consider the junior Senator from Oklahoma is The Senator can answer that ques ation prior to confirmation, knows that concerned, I believe I can safely make tion. I am asking for no details, but if witnesses who come forward to testify on it a rule, while I have the privilege of the nominee has committed any act behalf of the appointment are usually serving on the Judiciary Committee, that toward the Senator which affected him witnesses who paint the capacities and if the two Senators from the State in so that it has made the nominee obnox capabilities of the appointee in very which an appointment is made approve ious, I shall know what to do. I do not glowing colors. In this case no witness the nominee, I shall go no further, unless care about what other Senators have who appeared before either the subcom- serious charges be made; because I think 8416 CONGRESSIONAL RECORD-SENATE JULY 8 it is a safe rule, and I believe that that further time because of certain docu and it seemed to me that we ended ·bY is the rule I shall continue to follow. mentary evidence and witnesses he reaching the same conclusion as that I have no quarrel with the distin wanted to present to the committee. reached by our distinguished chairman, gUished senior Senator from Texas. I We can go only by the official records that it became a matter for each individ have a great, a high regard for him, as of the Committee on the Judiciary and · ual Senator to decide for himself. well as I have for the junior Senator of its subcommittee, regarding the nomi It also seemed to me that in most cases, from t]je State of Texas. I do not want nee. I listened to every witness. So far when a United States Senator says that to get into a fuss or quarrel with any as I could find, here was a man nomi a nomination is personally obnoxious to Member of the United States Senate. nated to be a Federal judge, who had him, at some place, somewhere, either in I think it was the Senator from Wis been a lawyer for many years in Texas. executive session in the Committee on the consin [Mr. WILEY ], chairman of the Naturally he belonged to a law firm. It Judiciary, or whatever committee of the Committee on the Judiciary, who read . was a prominent law firm, and as the Senate is considering the nomination, or the precedents on the question of per junior Senator has pointed out, the firm on the floor of the Senate, in writing, sonal obnoxiousness. It lies, in my probably had a variety of clients. I sup or orally, or both, the Senator objecting judgment, in the personal conscience of pose they represented some little fellows should suggest in what way the individ- . each Senator as to how he shall vote upon and some big ones. All lawyers who ual was personally obnoxious. It may it. As for myself, I know that anything· practice law for any period of time, par be something he would not want to make I am sitying now could not change the ticularly if they are connected with. a public. As the distinguished junior Sen views of any other Senator. I am not successful law firm, have that experi ator from Texas well said, it may be speaking for that purpose. · I am speak ence. Mr. Dooley wa~ a prominent mem something about the man which, if made ing only in order that the RECORD may ber of that law firm. He was honored public, might cause harm to many in show the view that I have taken. I hope by the lawyers of Texas, themselves, by nocent persons, including members of his the RECORD will disclose the fact that being elected president of the Texas Bar own family or someone near him. But I have attempted to be fair in every par Association. Insofar as I could ascertain somewhere, at some place, those who are ticular and have not been influenced by from the record, and knowing something to pass on the nomination should be political considerations. of law practice myself, Mr. Dooley was given some inkling respecting the cause The PRESIDENT pro tempore. The -the average, substantial, Texas lawyer, of the individual being personally ob remaining time is at the disposal of the representing many types of clients. The noxious, before the Senate, in my opin senior and junior Senators from Texas. firm also, I · suppose, represented many ion, should invoke the rule. Mr. CONNALLY. Mr. President, I types of clients. I am a member of both the subcom yield to the Senator from Washington. Nothing at all was said in the sub mittee handling the nomination and the committee against Mr. Dooley's personal full Committee on the Judiciary, and I Mr. MAGNUSON. Mr. President, I do character. As a matter of fact one law yet have no inkling, either in writing or not want to take too much time on this yer testified the only thing bad he knew orally, from anything said or communi matter. I served with the distinguished about Mr. Dooley was that he was such cated to the full committee or on the Senator from Oklahoma on the original a good lawyer and so devoted to the in- floor of the Senate, as to just why Mr. subcommittee that considered the Dooley . terest of his clients that he did not at Dooley is personally obnoxious. I deem nomination. I listened with great in tend church on Sunday because often the word "personally" to mean exactly terest, part ·of the time, to the junior he was working in his law office. But in that in connection with the expression Senator from Texas. I did not have the sofar as he was personally concerned, "personally obnoxious." opportunity to listen to him all the time, as a citizen in his community, there was· Mr. President, we have heard a great because there were other things I had not one single word said against Mr. deal about Texas politic , and I strongly to do. The subcomlnittee of the Com Dooley. · suspect that the nominee is somewhat mittee on the Judiciary took time on In the history of every law firm-! be politically obnoxious to the junior Sena this matter to hear witnesses. There has lieve there are three or four members of tor from Texas. Probably he is politi been a suggestion made by the junior Mr. Dooley's law firm-there can be cally obnoxious to some of the residents Senator from Texas that the matter was found, no doubt, lists of cases which have of the judicial district in which he lives, delayed. It may have been delayed in been tried over a period of years in con- · because it is my understanding-and I clearing the appointment through the nection with which the litigants have be received considerable education along office of the Attorney General. It may come angry with one another, one side that line in the hearings-that the in have been· delayed from the time the thinking it is right and the other side tensity of politics in Texas almost makes name was suggested, insofar as the White thinking it is right. In such circum it inevitable that one becomes person .... House was concerned, in sending the stance by means of innuendo and the ally obnoxious to someone when taking name to the Senate. But if there was casting of suspicion the idea can easily be sides politically in that great State. But any delay in the Committee on the spread that perhaps such-and-such a I have heard no reason assigned for Mr. Judiciary or in the subcommittee, it was lawyer did not do quite the right kind of a Dooley being personally obnoxious to the only because the committee wanted to job, or that the clients he represented junior Senator from Texas. hear all the witnesses possible from were not the right kind of clients. It is It has been said on the floor of the Texas, because we knew that there was difference of opinion that brings about Senate that many lawyers in his own a difference of opinion existing between lawsuits. I do not care who the individ district opposed Mr . . Dooley. I do not the two Senators from Texas. ual is, if he practices law in his commu know how many lawyers there are in Mr. O'DANIEL. Mr. President, will nity and represents his clients adequate that district, but the number is prob the Senator yield? ly, vigorously, and earnestly, he is going ably in excess of 3,000. Anyone who has Mr. MAGNUSON. I yield. to make enemies. Oftentimes. the lawyer practiced law will realize that there are Mr. O'DANIEL. I merely want to on the other side of a case may become always members of the bar who, for make it clear that evidently the Sena angry as a result of losing the case. I various reasons, do not particularly like tor from Washington was not present suspect Mr. Dooley was successful in his to see another member of the bar go on. all the time, as he admitted, because I appearances before the trial courts of the Federal bench. But no one who had have endeavored to make it perfectly Texas. such objections appeared before the com clear and plain, at least twice in my The chairman of the Committee on the mittee. No one appeared before the statement that I have no criticism what Judiciary, the distinguished Senator from committee and said anything against ever but only words of praise for the Wisconsin [Mr. WILEY] read to the Sen Mr. Dooley personally. Committee on the Judiciary. I attribute ate a considerable number of precedents I think the Senate can well take the no delay whatever to their methods. respecting personal objection of United real proof of the pudding to be that only Mr. MAGNUSON. I appreciate what States Senators to nominees to high posts in the past 2 years, I believe, or 3 years, the Senator says. I merely wanted to such as the post of a Federal judge. I Mr. Dooley was honored by all the law make it clear that we had this nomina am not thoroughly familiar with the yers in Texas, including the 3,000 living tion for 2 or 3 weeks. It required time practice in this respect. The Senator in his own Federal judicial district, by for witnesses to come from Texas. I from Oklahoma [Mr. MooRE] and I, as being elected president of the State Bar know that on one or two occasions the members of the subcommittee looked up Association of .Texas. He has been long junior · Senator from J"exas requested the precedents as well as we knew how, active in the State Bar Association, and 1947 CONGRESSIONAL" RECORD-SENATE 8417 that association put its stamp of ap dents, should decide that Mr. Dooley is Many years ago when I first cante to proval on him. a very i-ble and fit nominee for the posi the Senate the Republican Party was in In the committee the nomination was tion. I hope the Senate will confirm power. I think Mr. Hoover was Presi not considered as · a partisan matter. his nomination. dent. It was either in the early days of The distinguished chairman also heard Mr. CONNALLY. Mr .. President, I Mr. Hoover's administration or the clos many of the witnesses, examined the yield 10 minutes to the senior Senator ing days of Mr. Coolidge's administration. record very carefully, and voted for the from Kentucky. The nomination for reappointment of a confirmation of Mr. Dooley after the Mr. BARKLEY. Mr. President, in the district attorney was sent to the Senate. hearings were concluded. 10 minutes which I shall have at my dis I had been a candidate for the Senate The very expert constitutional lawyer, posal I can only briefly express my views in an election only a short time prior to member of. the committee, the Senator with regard to the nomination. I am not the nomination. The district attorney from Missouri [Mr. DoNNELL], whom a member of the Committee on the Ju who was involved had campaigned everyone in the Senate knows is very diciary. I never have been. I was judge against me offensively. The tLings meticulous and· thorough respecting in a ·modest way when I first came to . which he said were offensive. They every dot· and dash and every crossing of Congress 34 years ago. I do not regard were unnecessary to be said in a political a "t" in the evidence and in the testi the pending nomination or any simi Jar campaign. mony, also spent considerable time ex nomination as involving any constitu I gathered up all the newspapers con amining the nomination. He came to tional right on the part of a Senator. taining such offensive declarations and the conclusion that Mr. Dooley was not The Constitution gives the President the brought them to W9,shington with me, only a fit and proper person for the power to nominate and, by and with the with a view of possibly objecting to the · judgeship, but that he probably was one advice and consent of the Senate, to ap confirmation of his nomination on the of the outstanding lawyers in that sec point officers, among whom are the judges ground that he was personally obnoxious tion of the country. of our courts. to me. The PRESIDENT pro tempore. Did The late Senator Norris, of Nebraska, Because Senators are supposed to know was chairman of the Judiciary Commit the Chair correctly understand the senior the people of their respective States bet Senator from Texas yielded 10 minutes to tee. I gathered up all the documents and ter than do others, it has become custom all the charges and everything that this the Senator from Washington? ary to consult Senators with respect to Mr. CONNALLY. Yes. I yield one man had said about me in a political cam the appvintment of judicial or other offi paign and took them one nighy to Sena additional minute to the Senator. cers within the State. As a rule that The PRESIDENT pro tempor-e. The tor Norris' home to consult him as to practice has been justified by the results. whether he thought I would be justified Senator from Washington is recognized But the President of the United States for one more minute. in making an objection on the ground of is not required by the Constitution to personal obnoxiousness. Mr. MAGNUSON. Mr. President, the do so. Only recently he exercised the junior Senator from Kentucky [Mr. Senator Norris read over the clippings right of appointment in the State of from the newspapers. Flnally he said: CoonRJ, himself a very distinguished Texas without consulting either Senator, judge in Kentucky before he came to this when he sent to the Senate the nomina This was a political campaign. While it body, a man who knows the duties and used to be the rule in the Senate that any tion of Mr. R. EWING THOMASON, a Mem Senator might make an objection on personal who must have some idea of what the ber of the House of Representatives for qualifications of a Federal judge should grounds, and would not be aslted about it, many years, without consulting either but his objection would be accepted and ob be, also, after listening to all the testi Senator with reference to the appoint served. yet of late years the Senate has been mony and examining the record care ment. Neither Senator objected to it, more inclined to expect at least that a Sena fully, came to the conclusion that Mr. and the nomination was confirmed. tor who gives such ground for opposition to Dooley was a :proper and fit nominee an appointee shall give some reason so that for the position. Other Members, after I mention that because it illustrates the Senate may have an opportunity to judge what I am undertaking to say, that there examining the record and hearing the whether the rule· of personal obnoxiousness / witnesses, came to the same conclusion. 1s no constitutional right residing in any ought to apply when there is no other ground Mr. President, it seems to me there individual Senator with respect to con against the appointment. probably may be some other lawyers firmation of the nomination of a man ap After I had discussed the matter with in that judicial district who might serve pointed from his State, although the cus Senator Norris, the chairman of the com as ably in the position as Mr. Dooley, tom has grown up over the years to con mittee, I decided not to interpose an but surely the nomination which has been sult Senators from the State with refer objection to the reappointment of my made, whether it was suggested by the ence to appointments within the State. Republican friend from Kentucky. His senior Senator or the junior Senator from So I do not think there is any constitu nomination was considered and con Texas, in the absence of any proof of tional right involved on the part of either firmed, and he was appointed, and, I • unfitness or disqualification, should be Senator from Texas or any other Sena believe, s€rved out his term. confirmed. tor under similar circumstances, that the I \XaS always glad after that-and Mr. President, I may say that several Senate is required either by the Consti I am now-that I did not take advan Representatives in Congress from the tution or by precedent or pactice to ob tage of what I might have done -at the northern district of Texas testified before serve. time by raising the question of personal the committee. My old friend, Repre It has always been a matter for each obnoxiousness. This man had been very sentative EUGENE WoRLEY, who comes Senator to determine whether, under the vigorous and rather denunciatory in a from the district in which Mr. Dooley circumstances, any Senator who ad political campaign in his effort to keep lives, ~:tnd with whom I served in the vances a personal objection to an ap me from coming to .the United States House, and in whom I have the highest pointee should be required to show some Senate. I think I acted wisely in the confidence, appeared before the commit ground for such personal objection. I decision which I reached. I have no tee and testified in Mr. Dooley's favor. have never believed, and I do not now way of knowing what the result might Mr. President, after this very thorough believe, that any Senator has the right have been if I had interposed a per examination by the members of the com to object merely from caprice or from a sonal objection. Perhaps if I had read mittee on both sides of the aisle, coupled whimsical desire to defeat the nomina to the Senate some of the things which with the fact that the evidence does not tion of someone for an office. this man said abot1t me, the Senate show anything concrete as to why Mr. Soon after coming to the Senate I had might have concluded that I had a Dooley might be personally obnoxious to a little experience which probably has pretty good ground for looking up~m any Member of this body, and coupled colored my view on the subject. I be him as personally· objectionable. with the further fact that Mr'. Dooley lieve that each Senator is under an obli I mention that circumstance for what himself did nothing out of the way dur gation to the Senate to have a bona fide ever it may be worth in confirmation of ing the hearing, and did not attempt to reason for an objection on the ground what Senator Norris said to me at that suggest to any Senator how he should of character, misconduct, or mistreat time, namely, that in recent years the vote on his nomination, it seems to me ment of a personal nature which might Senate has come to a rather different the Senate should not invoke the rule be regarded as creating an obnoxious and viewpoint in regard to objections based strictly, but after considering all the facts embarr~ssing situation growing out of an upon personal obnoxiousness with re in the case and in light of all the prece- appointment. spect· to a candidate whose nomination XCIII--531 8418 CONGRESSIONAL RECORD-SENATE JULY 8 comes before the Senate for conflrma- · retirement. He wrote the letter to the mittee, to find anything that could tie tion. junior Senator from Texas urgi:Jag that the idea of personal obnoxiousness to the Mr. LUCAS. Mr. President, will the the appointment be made and confirmed junior Senator from Texas. Much of the Senator yield? so that he could exercise the right he evidence which was adduced and which, Mr. BARKLEY. I yield. enjoys under the law to retire. in the Senator's view, made the nominee, Mr. LUCAS. The Senator makes out Is there anything wrong with that? Mr. Dooley, subject to the charge of per a very strong case for himself. Prob- Is there anything - si~;;nificant about it? sonal obnoxiousness, did not relate to ably he would have been justified had The only thing was that he would like their personal relations at all, but, if he interposed an objection at that time. to retire but could not do so until there they had any significance, went to the However, as I understand from the evi- was a new judge appointed. qualifications of the nominee. I am un dence in this case, the junior Senator He went on in that letter to say that able to see in any evidence that was from Texas is not even acquainted with so far as he was concerned he would brought before the committee the ele Mr. DooleY. There has never been any be glad if any one of three men were ments of personal obnoxiousness in the proof of misconduct upon his part, or nominated; that any one of them would sense that I understand that term has mistreatment of the junior Senator from be a good judge. He was not consulted significance before the Senate. So far as Texas. There is not a single fact in the about them. He mentioned Mr. Dooley I can see, nothing had taken place be record anyWhere which would justify an and two others whose names I do not tween the junior Senator from Texas and objection on the ground of personal now recall. He said that inasmuch as the nominee; in fact, if I recall correct obnoxiousness. Judge Dooley had been nominated, and ly, they were not acquainted; no ex Mr. BARKLEY. I appreciate the ob- not either of the other two whom he had pressions by the nominee had ever taken servation of the Senator. I was coming in mind, he hoped that the Senator from place involving the junior Senator from · to that point. It presents a contrast Texas might assist in bringing about the Texas. The only thing I could see that between the situation which I have de- confirmation of Judge Dooley. I pre was brought out, aside frorr the politi scribed, involving an appointment from sume he would have written the same cal situation which may exist in -Texas my State, and the present case. I do sort of letter about any of the others if and in the National Administration, was not cite that example because of any the same circumstances justified it. He the fact that the nominee is not from virtue which attaches to me, or because hoped that he could bring about con Fort Worth. Most of the judges hereto of any merit on my part in not raising firmation so that he might exercise his fore appointed have been from Fort the objection, but only in confirmation right to retire, under the law, having Worth. It does not seem to me that the of the statement that in recent years served for 28 years and reached beyond residence of the nominee should be a the Senate has come to expect a United the age of 70 years. · basis for the charge of being personally States Senator who raises such an ob- I appreciate the Senator's courtesy in obnoxious. jection to give some ground for the extending me this time. I cannot find I admit that the dish·nction in the objection. I could have done so in the in my heart, under all the circumstances, precedents which were developed by the case to which I referred. However, how I can do otherwise than to vote for chairman of the Committee on the Judi after discussing the matter with the the confirmation of this nomination. ciary in a very exhaustive memorandum chairman of the Committee on the Mr. CONNALLY. Mr. President, I on the sul>ject was difficult to follow. I Judiciary, I felt that under the circum- yield 5 minutes to the Senator from Ar believe ~hat in practically every instance stances I would not be justified in rais- kansas [Mr. FULBRIGHT]. with which the Senate has dealt there ing that objection. Mr. FULBRIGHT. Mr. President, like has been some kind of personal relation Mr. President, no similar situation has many of my colleagues, I dislike having ship, which, even though it might not been presented here. I dislike to become to make a choice which involves the f)er appear very significant to those whQ were involved in a controversy between sena- sonal feelings of two of my colleagues, not involved, yet could reasonably be of tors from the same State over an ap- but, as a member of the Senate Commit great significance to the Senator who pointment. But, after all, I am charged tee on the Judiciary, I feel it is my duty was involved in the particular case. with a ~onstitutional duty. I am to state as brie:fiy as I can my own views Practically every one of them undertook charged with the duty of passing upon about this particular case. to state reasons for the individual's be- · the question whether this man is quali- I was not P, member of the subcommit ing personally obnoxious. I do not think fied to be a judge. No one has said that tee and did not hear all the evidence, but any of them were entirely capricious, al he is not qualified-not even the Sena- as many of the Senators know. this mat though they might strain our reason in tor who objected to his appointment. ter was taken up by the full committee some instances. But in this case l am No one has attacked his character. No and much of the evidence was rehashed unable to find anything in the record one has in any way sought to under- before that committee, so that I did have and I certainly did not hear anything mine his standing at the bar or among the advantage of hearing most of the before the committee-which would in the people of Texas. I am· asked to vote testimony relating to it. ·dicate any kind ot personal relations be against the confirmation of his nomi- - The first point I think may be said to tween the junior Senator from Texas and nation on the basis of a whimsical or involve the qualifications of Mr. Dooley the nominee, Mr. Dooley. Therefore, I capricious objection on the part of a as a lawyer and as a man fitted to dis am compelled, much as I dislike making Senator who never saw him in his life charge the duties of a Federal judge. I a choice, to vote to confirm the nominee until he appeared before the committee do not think there is any serious ques on the fioor as I did in the committee. I in his own defense. So far as anyone tion about that feature of the case. believe that in so doing I am not destroy knows, or so far as the committee has There was no real evidence b'rought be ing the idea of personal obnoxiousness been informed, the nominee never ut- fore the committee which would cast ~ the Senate. On the contrary, I tlunk tered a sentence against the junior any doubt, in my opinion, on the legal that by making proper distinctions where Senator from Tex,as, either politically, ability,' the integrity, or the character of they should be made we will strengthen personally, or otherwise. Mr. Dooley. So that the real subject in for the future the idea sought to be ad The other day the junior Senator from controversy involves the question cen vanced here in those cases in which I be- . Texas sent all of us a copy of a letter tering around the concept known as per lieve it should be applied and in which I · which Judge Wilson, of Texas, had writ- sonal obnoxiousness involving a Senator. think the facts would justify 1ts appli ten him. In his covering letter the Sen- 'My own feeling about it is that it is a cation. ator stated that he was sending us a valuable concept, one which has served The PRESIDENT pro tempore. The significant letter from the judge. a good purpose, and-one which I think time of the Senator has expired. I know Judge Wilson. He was a Mem- should be protected in this body, but I Mr. CONNALLY. Mr. President, I ber of the House of Representatives think that it is based upon the idea that yield 5 minutes to the Senator from Mis when I was elected to Congress in 1913, there must be reasonable grounds for it, souri [Mr. DONNELL]. and served in the House for 6 years after some grounds relating to .the person in Mr. DONNELL. Mr. President, as a I came to Congress. He was appointed volved, in this case Judge Dooley, and member of the Judiciary Committee of a judge by Woodrow Wilson. He has also invblving in this instance the junior the Senate it was my privilege to study been on the bench for 28 years. He is Senator from Texas. I was unable, in much of the record and much of the tes over 70 years of age, and is entitled to listening to the evidence before the com .. timony with respect to Mr. Dooley. 1947 CONGRESSIONAL RECORD-SENATE 8419 There were various circumstances which, Simmons, of Houston. The sentence June 21, 1944, and I do not think any in my judgment, required rather a care which contains their expression reads as harm will be done by delaying it a few ful investigation and study. The inves follows: days longer, so that we may know what tigation and study were made by a mem As former presidents of the State Bar As are the facts with reference to whether ber of the staff of the Judiciary Commit sociation of Texas we unanimously certify to the judge was campaigning with the tee, but it was likewise my privilege to the character and· ability of Joe Dooley, and President and was trying to appoint his look into tl_e facts wl~h respect to vari endorse him for United States district judge. own successor to the judgeship of the ous portions of the subject matter. Mr. President, I shall vote for confir northern district of Texas. In addition to the study of the record mation of the nomination of Mr. Dooley. The PRESIDENT pro tempore. The and the hearing of the testimony to Mr. CONNALLY. Mr. President, how time of the Senator has expired. which I have referred, it was my privi much time remains? Mr. CONNALLY. Mr. President, I ap lege to meet and converse with Mr. The PRESIDENT pro tempore. Each peal to the Senate to pay attention to Dooley, whom I had previously never what I shall say in the next few minutes, seen, so far as I know, and also to ob side has 4 minutes remaining. because I have only 4 minutes remaining. serve his demeanor during the progress Mr. CONNALLY. Perhaps the junior In regard to the motion to recommit, of the hearings. I observed him to be Senator from Texas wishes to speal{ at let me say that today we have heard it this time. a modest, calm, collected gentleman. ~a id that the President received a letter While there were various questions to Mr. O'DANIEL. Mr. President, this from Judge Wilson. The President has which he might very well have taken matter has been fully discussed within written a letter stating that he regards some exception or which might have the time we have had to discuss it. At 4 the letter from Judge Wilson as personal, aroused some excitement or temper on o'clock we shall vote first on the question and that he will not disclose it. Judge his part, I observed that he was able to whether the nomination shall be recom Wilson has sent a telegram in which he contain himself and did so very ad mitted to the Judiciary Committee for its states that the letter refers to his re mirably. further consideration. There is some tirement, and does not have any rela In my judgment, from my observation new evidence which should be considered tionship to the appointment of a new of him, Mr. Dooley is a man of high by the committee. I think we would be judge. standing, of excellent judgment and wise to consider that evidence before we I know personally that Judge Wilson capacity, and I believe that he would vote on the question of confirmation. has . been anxious for some time to re serve with distinction upon the Federal That evidence is important; because if tire. So his letter was merely a letter bench. . the letter, as reported to.me by a reliable to the President asking that he be al I have considered, Mr. President, in source, was written, it certainly should lowed to retire. addition to my observation of Mr. Dooley receive consideration. That letter was Mr. President, this nomination has personally and a study of that portion supposed to have been written by there been before the Judiciary Committee of the record, at any rate, to which I tiring judge, James C. Wilson, last No since last January. We know the dis have referred, and that portion of the vember 22 to the President of the United tinguished Senator from Missouri [Mr. testimony to which I have referred, vari States; and in writing that letter Mr. DONNELL] who spoke a moment ago. He ous letters with respect to Mr. Dooley. Wilson was,· as a great many people in knows all about this case; he has thor One of those letters contains a para Texas realize, acting in the capacity of oughly examined it. The committee was graph which I think is particularly sig campaign manager for Mr. Dooley, and called back several times at the request nificant and important. I refer to a was trying to name his successor. Judge of the junior Senator from Texas, who letter from Mr. James L. Shepherd, Jr., Wilson is reported to have written to the wanted to have a further examination whom I have known for some years and President urging him to make an interim made by the committee. That was done who was formerly president of the Texas appointment so that the new appointee three or four times. Even if we stay Bar Association. I have known him per would be on the bench and would be in a here 6 months, we shall not be able to sonally in the American Bar Associa better position to obtain confirmation make the President divulge his private tion. He is with the firm of Baker, Botts, than otherwise. In that letter some very correspondence. Andrews & Walne, of Houston, Tex., derogatory statements are also made Mr. President, the undisputed testi which is one of the great law firms of against the junior Senator from Texas, mony in this case is that Mr. Dooley is a the Southwest. I quote this from Mr. and I should like to have the Senate distinguished lawyer of the highest char Shepherd's letter to me: Judiciary Committee see them. acter, and hC;Ls been president of the The existence of that letter has been State of Texas Bar Association, and has There can be no question about the fact verified this afternoon by the President that the nominee is peculiarly'well fitted for been a distinguished lawyer for many this position. He is a man of the highest in his letter which comes from the White years. · Nevertheless, the junior Senator character, of splendid ability as a lawyer, House. In that letter he acknowledges from Texas says Mr. Dooley is personally eminently fair, of a quiet, balanced and that the letter to which we have referred obnoxious to him. However, the junior judicious temperament, and in every way is in existence, but he refuses to send it, Senator from Texas refuses to tell the preeminently qualified for this position. He because he states that he considers it to Senate why Mr. Dooley is personally ob is not a New Dealer, but a man who believes be confidential. In contrast to that we noxious to him. as you and I do in the l:)asic soundness of have an Associated Press report quoting our method of Government and is deeply The other day the Senator from interested in seeing that it is preserved. He Judge Wilson as saying that he never Massachusetts [Mr. SALTONSTALL] asked was president of ol.lr State bar 2 years ago wrote the letter. So we see there is a the junior Senator from Texas the direct and the speeches which he made during that conflict; and it seems to me that, in jus question, "Tell us why Mr. Dooley is per year are matters of record in this State. tice to the nomination, the conflict should sonally obnoxious." The junior Sena No one could read them without being satis be inquired into and given consideration tor from Texas replied, "Under the fied as to the basic soundness of his social, by the Judiciary Committee. I do not precedents, I do not have to do anything # economic, and political views. I have known believe any harm will be done in trying him intimately for over 35 years and I am except say he is .personally obnoxious." speaking from my own observation and in to iron out this inconsistency. If the let Mr. President, I have before me the formation and not from hearsay. ter is in existence, the Judiciary Com printed record of the committee hear mittee and the entire Senate have a per ings, and it shows that the junior Sen Mr. President, I close by stating that fect right to find out what is in it, and ator from Texas did not know Mr. Dooley I was greatly impressed by a testimonial that can be ascertained by various until he met him in the room of the Judi which was placed in yesterday's RECORD methods. ciary Committee. The testimony is that by the senior Senator from Texas [Mr. Therefore, I wish to suggest that we Mr. Dooley did not know the junior Sen CONNALLY]. That testimonial was a do not vote blindly on this matter, but ator from Texas until they walked into telegram signed by approximately 15 that we obtain all the information be that committee room. The testimony former presidents of the Bar Association fore we vote. further is that Mr. Dooley has never said of the State of Texas. I observe that the So I ask that the Senate vote to re anything against the junior Senator from first name on the list is that of an old commit the nomination to the Judiciary Texas, never has done anything against friend of mine, a former president of the Committee. The nomination has al him, never has taken any part in any of American Bar Association, David A. ready been under consideration since his campaigns. 8420 CONGRESSIONAL RECORD-SENATE -JULY 8 So .Mr. President, how can Mr. Dooley cain ;Johnson, Colo. O'Mahoney The result was announced-yeas 39, Capehart ,Johnston, S. C. OVerton be personally obnoXious to the junior Capper Kem Pepper nays 46, as follows: Senator from Texas, when neither one Chavez Kilgore Revercomb YEAS--39 is known to the other. when Dooley is Connally Knowland Robertson, Va. aU harm all Cooper Langer Robertson. Wyo. Baldwin Eeton Martin innocent of and wrong, and Cordon Lodge Russell Ball Ferguson Moore has never done or said anything against Donnell Lueas Saltonstall Brewster 'Flanders O'Daniel the junior Senator from Texas? How Dworshalt McCarran S m it h Bricker Gurney Revereomb can he be personally obnoxious under Ecton McCarthy Sparkman Bridges Hawkes Robertson, Wyo. Ellender McClellan Stewart Brooks Hlckenlooper Saltonstall those circumstances? The obnoxious Ferguson McFarland Taft Buck Jenner Smith ness must not be political; he must be Flanders McGrath Tayl.or Bushtield Kem Stewart personally obnoXious. Fulbright McKellar Thomas, Okla. Butler Langer Taft George McMahon Thye Byrd Lodge Tbye Mr. President, under this testimony it Green Magnuson Tydings Cain McCarthy Watkins is physically impoosible for Mr. Dooley Gurney Malone Umstead Capehart McKellar Wherry to have been personally obnoxious to the Hat ch Martin Vandenberg Dworsh.ak Malone Williams Hawkes Mllllkin Watktns NAY8-46 junior Senator from Texas. He ~ay .be Hayden Moore Wherry polit ically obnoxious; but the JUDlOr Hickenlooper Morse White Aiken Holland O'Mahoney Senator from Texas has no right to make H1ll Murray Wiley Barkley Johnson, Colo. OVerton Hoey Myers Willlams Capper Johnston, S.C. Pepper such a claim, because Mr. Dooley is not Holland O'Conor Young Chavez Kilgore Robert son, Va. a politician. He is a lawyer, and only a Jenner O'Daniel Connally Lucas Russell lawyer, and has never done anything Cooper McCarran Sparkman against the junior Senator from Texas. The PRESIDENT pro tempore. Eighty Cordon McClellan Taylor six Senators having answered to their Donnell McFarland Thomas, Okla. Yet the junior Senator from Texas names, a quorum is present. Ellender McGrath Tydings says this is a diabolical, sinister plot. Fulbright. McMahon Umstead The question is on agreeing to the George Magnuson Vandenberg Evidently, Mr. President, I am the plot, motion of the junior Senator from Texas Green Millikin White for I recommended Mr. Dooley. I never [Mr. O'DANIELl to recommit the nomi Hatch Morse Wiley talked to the President about the case in Hayden Murray Young nation to the committee. Myers my life. Mr. Dooley does not kno~ the Hlll Mr. McCLELLAN. I ask for the yeas Hoey o ·conor President and neither does the President and nays. know Mr.'Dooley. I submitted his name, NOT VOTING-10 1 The yeas and nays were ordered. and and sent testimonials from his district, Downey Maybank Wagner from the lawyers and judges and the the legislative clerk proceeded to call Eastland Reed Wilson the roll. Ives Thomas, Utah people generally; and the President sub Knowland Tobey sequently nominated Mr. Dooley. Mr. KNOWLAND (when his name was called). On this vote I have a pair with So Mr. O'DANIEL's motion to recom It has been stated here that the junior my colleague the senior Senator from , mit was rejected. Senator from Texas was never consulted California LMr. DoWNEY], who is ab about appointments. However, Mr. Pres The PRESIDENT pro tempore. The sent by leave of the .senate. I am in question now is, Will the Senate advise ident, the record shows that he was con formed that if he were present, he would sulted about this appointment, and that and consent to the nomination of Joe B. vote "nay." If permitted to vote, I Dooley to be United States judge for the he made two recommendations. Th~ would vote "yea." In his absence, I record shows that on the executive cal northern district of Texas? withhold my vote. . Mr. O'DANIEL. I ask for the yeas endar as of today, there are the names The roll call was concluded. of two district attorneys whom the Presi ·and nays. Mr. LUCAS. I announce that the Sen The yeas and nays were ordered, and dent has appointed on the recommenda ator from Mississippi [Mr. EAST~Dl, tion of the junior Senator from Texas. the legislative clerk proceeded to call who is absent on public business, is paired the roll. Yet it has been stated that the junior · on this vote with the Senator from Utah his was Senator from Texas has never been con [Mr. THOMAS], who is absent by leave Mr. KNOWLAND ALASKA Sister Margaret E. Walsh, St. Catharine, OHIO B. Jean Jensen, Craig, Alaska, in place of Ky. Office became Presidential July 1, 1947. Harry F. Schiewetz, Dayton, Ohio, in place Beatrice Starkweather, resigned. LOUISIANA ot C. N. Greer, deceased. Lena G. Alderson, Flat, Alaska. Office be McEnry Jones, Baskin, La., in place of H. OREGON came Presidential July 1, 1947. R. Mock, transferred. Mabel W. Moore, Detroit, Oreg. Office be Orrin S. Felmley, McGrath, Alaska. Office Elbert Matthews, CUllen, La. Office be came Presidential July 1, 1947. became Presidential July 1, 1947. came Presidential July 1, 1940. Sheldon E. Hyde, Island City, Oreg. Office Martha Monsen, Naknek, Alaska. Office MAINE became Presidential July 1, 1947. became Presidential July 1, 1947. John J. Heueisen, Pelican, Alaska. Office James E. Herrick, Bailey Island, Maine, in Edna B. McLean, Ker-by, Oreg. Office be· became Presidential July 1, 1947. place of A. G. Sabine, resigned. came Presidential July 1, 1947. MARYLAND Willis Brewster, McKenzie Bridge, Oreg. ARIZONA Office became Presidential July 1. 1947. Shirley I. Bawden, Gibson Island, Md. Don S. LeBaron, Whiteriver, Ariz., in place Arthur M. Hyatt, Maplewood, Oreg. Office of J. I. McEwen, declined. Office became Presidential, July 1, 1947. became Presidential July 1, 1947. Golda S. Himburg, Mayo, Md. Office be CALIFORNIA JaCk Ryland, Mehama, Oreg. Office be came Presidential July 1, 1947. Amelia B. Clifton, Altaville, Calif. Office came Presidential July 1, 1947. became Presidential July 1, 1947. MASSACHUSETTS Edward J. Lumijarvi, Quincy, Oreg. Office Phillip L. Anthony, Applegate, Calif. Of Mirtle S. Nickerson, Cotuit, Mass., in place became Presid€·ntial July 1, 1947. fice became Presidential July 1, 1947. of Isabelle Crocker, deceased. Margaret Ray Helmken, Sixes, Oreg. Office Esther J. Ewoldsen, Big Sur, Calif. Office Dominic J. Kenney, West Medway, Mass., became Presidential July 1, 1947. became Presidential July 1, 1947. in place of H. L. Lyons, deceased. PENNSYLVANIA Mary Ferrari, Blairsden, Calif. Office be MICHIGAN Mary J. Krohn, Andalusia, Pa., in place of came Presidential July 1, 1947. Lionel R. Haight, Mount Pleasant, Mich., in H. R. Tomlinson, resigned. Ruth H. Branson, Branscomb, Calif. Of place of A. S. Warner, resigned. Louis Joseph DePaUl, Mount Pocono, Pa., in fice became Presidential July 1, 1947. MINNESOTA place of W. S. Mervine, resigned. William P. Athearn, Clements, Calif. Office Abram Miller Kurtz, Scotland, Pa., in place became Presidential July 1, 1947. Alfred C. Howe, Aitkin, Minn., in place of of A. M. Kurtz resigned. Albert A. Cedros, Gazelle, Calif. Office be C. c. Young, deceased. Charles W. Hess, Three Springs, Pa., in came Presidential July 1, 1947. MONTANA place of J. L. Gra~ey, resigned. Lola C. Bedoy, Irwindale, Calif. Office be Philetus C. Lapham, Malta, Mont., in place Lee E. Roeder, Zionsville, Pa., in place of came Presidential July 1, 1947. of M. D. Laramy, removed. E. P. Yeakel, retired. Sybil M. Summers, Mammoth Lakes, Calif. Office became Presidential July 1, 1947. NEBRAS~ PUERTO RICO Helen B. Bayne, Nice, Calif. Office became Mary L. Wunderlich, Martell, Nebr. Office Julia Morales Maldonado, Castaner, P. R. Presidential July 1, 1947. became Pr'esigential July 1, 1945. Office became Presidential July 1, 1947. Charles C. Kirk, Piercy, Calif. Office be NEVADA Huldah M. Murphy, Puerto Real, P. R., Office became Presidential July 1, 1947. came Presidential July 1, 1947. Wilberta G. Silveira, Searchlight, Nev. Arthur R. Martin, Pinecrest, Calif. Office Office became Presidential July 1,'1947. SOUTH DAKOTA became Presidential July 1, 1947. Carolyn W. Parshall, Stewart, Nev., in place Wenzel G. Huebl, White Lake, S. Dak., in Pearl M. Davenport, Rosewood, Calif. Of of D. E. Larson, transferred. place of H. L. Kieffer, transferred. fice became Presidential July 1, 1947. Alice I. Strieby, Wellington, Nev. Office TEXAS Martha Waldron, Seeley, Calif. Office be became Presidential July 1, 1947. came Presidential July 1, 1947. George M. Patrick, Kinwood, Tex. Oftice John P. MacPherson, Trona, Calif., in place NEW HAMPSHIRE became PrEsidential July 1, 1947. of M. J. Kavanagh, resigned. Percy M. Thurston, Elkins, N.H. Office be .George R. Jones, Roanoke, Tex., 1n place Raymond W. Eproson, Twain Harte, Calif. came Presidential July 1, 1947. of I. L. Cowan, retired. Office became Presidential July 1, 1947. Lawrence W. Marden, Holderness, N. H. Jack K. Wisener, Wells, Tex., in place of . CONNECTICUT Office became Presidential July 1, 1947. J. R. Oliver, retired. Mary B. Hall1nan, Newfields, N. H. Office Robert H. Bossen, South Windsor, Conn., became Presidential July 1, 1947. UTAH tn place of P. E. Bossen, retired. Constance M. McCauley, Twin Mountain, Elsie L. Price, Junction, Utah. Office be FLORIDA N.H. Office became Presidential JUly 1, 1947. came Presidential July 1, 1947. Reid A. Williams, Cassadaga, Fla. Office NEW JERSEY WASHINGTON became Presidential July 1, 1947. Luther Headley, Green Village, N.J. Office · Veri E. Barnes, Dixie, Wash. Office became Florence H. Porter, Hypoluxo, Fla. Office became Presidential July 1, 1947. ' Presidential July 1, 1947. became Presidential July 1, 1947. Hanna C. Cochran, Jobstown, N. J. Office Esther L. Coleman, Harper, Wash. Oftice Martha R. Brush, Interlachen, Fla. Office became Presidential July 1, 1947. became Presidential, July 1, 1947. became presidential July 1, 1947. Alvin E. Matt, Vernon, N.J. Office became Lewis E. Willey, Thornton, Wash. Office Agnes G. Jones, Mandarin, Fla. Office be Presidential July 1, 1947. became Presidential July 1, 1947. came Presidential July 1, 1947. Rena F. Harman, Oldsmar, Fla. Office be :t.'EW MEXICO WYOMING came Presidential July 1, 1947. Medardo A. Herrera, Ojo Caliente, N. Mex., Fred V. Skinner, Big Horn, Wyo. Office be Francis Sadlier, St. Leo, ·Fla. Office be in place of E. L. Galvez, resigned. came Presidential July 1, 1947. came Presidential July 1, 1947. NEW YORK Ruth A. Davis, Deaver, Wyo. Office became Floie Torbert, Sorrento, Fla. Office became Alice M. Maloney, Ausable Chasm, N. Y. Presidential July 1, 1947. Presidential July 1, 1947. Office became Presidential July 1, 1947. Charlie E. Fesler, Moran, Wyo. Office be Naomi E. Clyatt, Terra Ceia, Fla. Office be Evelyn B. Dailey, Prospect, N. Y. Office came Presidential July 1, 1947. came Presidential July 1, 1947. became Presidential July 1, 1947. HAWAn William G. Britton, Rensselaerville, N. Y. Office became Presidential July 1, 1947. CONFIRMATIONS Chiyoki Tanaka, Kapoho, T. F. Office be JUlia E. Ernst, Schuylerville, N.Y., in place came Presidential, July 1, 1947. of D. J. Falvey, deceased. Executive nominations confirmed by Celestine T. Aguiar, Ninole, T. H. Office Catherine G. Rieger, Shenorock, N. Y. Of the Senate July 8