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COMMITTEE ON

INT ERIOR AND INSULA R AEEA 

UNITED STATES SENA TE

EIGHTY -SE VE NT H CONGRESS

F IR S T SE SS IO N

ON

T H E NO MIN AT IO N OF FR AN K J. BA RR Y, JR ., OF AR IZON A, TO BE 

SO LI CIT OR OF TH E DEP ARTM EN T OF TH E IN TER IO R

JA NU AR Y 2G, 1961

P ri nte d fo r th e us e of th e Com m itt ee on In te ri o r an d In su la r Affa irs

64847

D.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1881
COMMITTEE ON INTERIOR AND INSULAR AFFA IRS

CL INTO N P. AN DE RSON , New Mexico, Chairman

HEN RY M. JAC KSON, Washington

ALA N BIB LE , Nevada

JO HN A. CARROLL, Colorado

FR AN K CH UR CH , Idaho

ER NE ST GR UE NING , Alaska

FR AN K E. MOSS, Utah

OR EN E. LONG, Hawaii

QUE NT IN N. BU RD ICK, North Dakota

LE E MET CA LF , Montana

J. J. HICK EY , Wyoming

HE NR Y DW OR SII AK , Idaho 

TIIOM AS II. KU CI IE L, California 

BAR RY GO LD WAT ER , Arizona 

GOR DON AL LO TT , Colorado 

HIRAM L. FONG, Hawaii 

JACK R. M IL LE R, Iowa

Richard L. Callaghan, St af f Director

Nell D. McSherry, Clerk

Stewart French, Chief Counsel

II
N O M IN A T IO N O F F R A N K J. B A R R Y , ,I R „ T O B E S O L I C IT O R O F T H E D E P A R T M E N T O F T H E IN T E R I O R

THU R SD A Y , JA N U A R Y 26 , 196 1

U.S. Senate,

Committee on Interior and Insular Affairs,

Washington, I).C.

The committee met, pursuant to recess, at 11:20 a.m., in room 

3110, Senate Office Building, Senator Clinton P. Anderson (chairman 

of the committee) presiding.

Present: Senators Alan Bible, of Nevada; John A. Carroll, of 

Colorado; Frank Church, of Idaho; Ernest Gruening, of Alaska; 

Frank E. Moss, of Utah; Oren E. Long, of Hawaii; Quentin N. 

Burdick, of North Dakota; Lee Metcalf, of Montana; J. J. Hickey, 

of Wyoming; Henry Dworshak, of Idaho; Barry Goldwater, of 

Arizona; Gordon Allott, of Colorado; Hiram L. Fong, of Hawaii; and 

Jack Miller, of Iowa.

The Chairman. The committee will be in order.

The nomination of Frank J. Barry, Jr., of Arizona, to he Solicitor 

of the Department of the Interior is before the committee.

The biographical information prepared by the Department on 

Mr. Barry will be inserted in the record at this point.

(The biographical information referred to follows:)

Biographical R£sum£ of Frank J. Barry, Jr.

Age: 47 years. Born Jan uar y 5, 1913, Nogales, Ariz.

Married Ma rtha Procter, of Nogales, Ariz., in 1949.

Children: Three sons—Michael, 10; Patrick, 8; and William, 3.

Son of the late Frank J. Barry, an attorn ey in Arizona and California, and Molly 

D. Barry, both of whom were born in Ireland, and met and married in Chicago, 

Ill.

Two sisters—Geraldine P. Massion, who is married to Col. John W. Massion, 

U.S. Air Force, and stationed at Shepherd Air Force Base, Wichita Falls, Tex.; 

Kathleen B. Fitts, widow of the late Capt. W. W. Fitts, U.S. Navy.

Education: Graduated from UCLA, 1934; A.B. Graduated from Loyola 

University School of Law, 1941; LL.B.

Military service: Served in th e U.S. Navy in the Pacific, 1942-45. Communications officer, destroyer Ilalford; lieutenant (senior grade) on separation.

Professional experience: Admitted to practice in Arizona in September 1946; 

coun ty attorney in Santa Cruz County, Ariz., 1949-50; special prosecutor under 

the county atto rney of Pima County, Tucson, Ariz., for 6 months in 1951; 1951 

until present time in private practice of law at Tucson, Ariz.; appointed as chairman of the Arizona Advisory Committee to the U.S. Commission on Civil Rights, 

Jun e 1960.

My law practice was general trial and appellate practice.

Affiliations: American Bar Association, Arizona State Bar Association, Pima 

County Bar Association, the American Judicatu re Society, Phi Alpha Delta Legal

1
2 NOMINATION OF FRANK J. BARRY, JR.

Fraternity, Lions Club, VFW, American Legion, Arizona Democratic Central 

Committee, Pima County Democratic Central Committee, and its Executive Committee, American Civil Liberties Union, and Tucson Council for Civic U nity. 

The C hairm an. Th e Ch air recognizes the Se nator from Arizona.

STATEMENT OF HON. BARRY GOLDWATER, A U.S. SENATOR FROM 

THE STATE OF ARIZONA

Senator Goldw ater. Th an k you, Mr. Chairma n.

Being a fellow Arizonian of Mr. Bar ry ’s, I also would like to make 

the point t hat I spea k also for my senior colleague, Carl Ha yden, who 

had to go to anoth er com mittee meeting.

Fr an k Barry was born in Arizona. He has been pra cticin g law ou t 

there for the last 11 or 12 years. While he does no t live in the sam e 

cit y 1 live in, I know from fellow law yers in his p res ent h ometown and 

from lawy ers in Phoenix of his com petency.

The thing th at strike s me as being very im po rtan t to this ap po intme nt is th e fact t hat M r. Ba rry has live d his e ntire life in the W est and 

is very int im ate ly acquain ted with the pro blems th at arise from the 

De pa rtm ent of the Interio r owning the gr ea ter portio n of all of the 

Western Sta tes.

To me, Mr. Ch airma n, one of the gr ea t problems th at face the 

growth of the West—and the West is the faste st growing pa rt of the 

United State s—is t hat f act the land is n ot ava ilab le for tax ati on. It 

is n ot available for priva te use of the use or the Sta tes.

1 know th at Mr. B ar ry ’s experience in thes e difficulties will bring 

to the Solicitor’s Office a much desired quali ty. I, for one, not because 

be is a fellow Ariz onian, but because he has this knowledge and 

also is an Arizonian, 1 am very happ y th at Sec retary Uda ll and 

Pre sident Kennedy have selected him for this im po rta nt post.

I have no questions th at I want to ask of him. I merely wa nt to 

com men d him to the jud gm ent of the com mittee and the Senat e as I 

think lie is a very excellent appoint me nt.

Mr. Barry. Th an k you.

The Chairman. I only w ant to sa y th at 1 notice his last nam e is the 

same as your first nam e. The re is no question of nepotism involved, 

is there?

Senator Goldwater. I would hope th at it would have some effect 

on his politics.

The Chair man. Or he might have upon you rs.

Senator Goldwater. We can both engage in wishful thinking , 

can we not?

The Chairman. Do you have any statem en t you wish to make, 

Mr. Barry?

STATEMENT OF FRANK J. BARRY, JR., DEPARTMENT-OF-THEINTERIOR-SOLICITOR-DESIGNATE

Mr. B arry. I have no prepared sta temen t.

While my pra ctice has been a general pra ctice in Arizona, 1 have 

had c ontac t with fields of law t ha t are involve d in the work th at I will 

be doing in the Solicitor’s Office if I am confirmed. I hav e had some 

touc hes with min ing law, with wa ter law, with land laws, as related 

to the public dom ain.
NOMINATION OF FRANK J. BARRY, JR . 3

With respect to any possibility of conflict of interest, I have my 

home in Arizona, a couple of cars, some furniture, and a little stock. 

About $400 of the stock appears to be in a company tha t might have 

business with the Department of the Interior, and I am disposing of 

that.

I had no pending matters with the Department at the time of the 

announcement of my nomination for this position, and my law firm 

at the present time has nothing pending. In recent years I have had 

nothing of any significance th at would influence my judgment in”any 

way.

I believe tha t I have no conflict of interest other than the possibility 

of this stock which 1 am going to dispose of.

The Chairman. I was just saying to Senator Goldwater th at I hope 

to have a quorum physically present. We have had sometimes the 

complaint tha t these are conducted contrary to the Reorganization 

Act, which requires a quorum to be physically present when the vote 

is taken.

I contemplate taking the vote soon on the confirmation, or lack of 

confirmation, of each nominee before us today.

Are there questions of Mr. Barry?

Senator Dworshak. No questions.

Senator Bible. No questions.

STATEMENT OF HON. JOHN A. CARROLL, A U.S. SENATOR FROM 

THE STATE OF COLORADO

Senator C arroll. I have a few questions, Mr. Chairman.

Mr. Barry, you heard some of my questioning of John Carver?

Mr. Barry. Yes, sir.

Senator C arroll. There has been considerable criticism about the 

interminable delay about cases of lawyers coming in from Colorado 

and coining in from the West, and the tremendous record t hat has to 

be built up in these cases.

I wish you would take a look at this anew and see if you cannot 

shorten the procedures by regulation, or if the Administrative Procedure Act interferes with this. This is a must in my opinion, thinking 

not only of the Department of the Interior, bu t also all of the executive 

agencies.

See if there is not some way you can confer more power on the hearing examiner himself to clear up the record.

This is a very involved field. We have been studying it for 20 

months and do not know the answers. But if you will get together 

and come up with something, we will help you in every way we can.

This is one of the chief complaints about these agencies, about the 

executive branch, itself. We will help you in any way we can.

Mr. Barry. Thank you, sir.

The Chairman. Senator Church?

Senator C hurch. No questions.

The Chairman. Senator Fong?

Senator Fong. No questions.

The C hairman. Senator Long?

Senator L ong. No questions.

The C hairman. Senator Burdick?
4 NOM INATION OF FRANK J . BARRY, JR .

Senator Burdick. No questions.

The Chairman. Senator Metcalf?

Senator Metcalf. No questions.

The Chairman. There appear to be no further questions of Mr. 

Barry. The committee will now go into executive session for the 

purpose of voting on Mr. Barry and the other nominees before us 

today.

(Whereupon, at 11:35 a.m. the committee proceeded in executive 

session.)

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