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W "3/2)" BYRON R. LI_NHITE, DEPUTY-ATTORNEY941 GENERAL-DESIGNATE

GOVERNMENT

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HEARING

BEFORE THE

Er r- IITTEE ON THE JUDICIARY

0 JNITED STATES SENATE

=_- EIGHTY-SEVENTH CONGRESS

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FIRST SESSION

ON

BYRON R. WHITE, DEPUTY-ATTORNEYGENERAL-DESIGNATE

JANUARY 18, 1961

Printed for the use of the Committee on the Judiciary

\ T E

U.S. GOVERNMENT PRINTING OFFICE

64584 WASHINGTON : 1961
COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chairman

ESTES KEFAUVER, Tennessee

OLIN D. JOHNSTON, South Carolina

JOHN L. McCLELLAN, Arkansas

SAM J. ERVIN, JR., North Carolina'

JOHN A. CARROLL, Colorado

THOMAS Y. DODD, Connecticut

PHILIP A. HART, Michigan

li,DWARD X. LONG, Miqs.ouri

WM. A. BLAKLEY, Texas

ALEXANDER WILEY, Wisconsin

EVERETT McKINLEY DIRKSEN, Illinois

ROMAN L. HRUSICA, Nebraska

KENNETH B. KEATING, New York

NORRIS COTTON, New Hampshire
BYRON R. WHITE, DEPUTY-ATTORNEY-GENERALDESIGNATE OF THE UNITED STATES

WEDNESDAY, JANUARY 18, 1961

U.S. SENATE,

COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The committee met, pursuant to call, at 10:50 a.m., in room 2228,

New Senate Office Building, Senator James 0. Eastland, chairman,

presiding.

Present: Senators Eastland, Kefauver, Johnston, McClellan, Ervin,

Carroll, Hart, Dirksen, Hruska, and Keating.

The CHAIRMAN. The committee will come to order.

Gentlemen, we have hearings scheduled this morning, first to

consider the Honorable Byron R. White to be Deputy Attorney

General-Designate and second, the Honorable Archibald Cox to be

Solicitor General-Designate. 

First, we will take up Mr. White.

Senator Carroll.

Senator CARROLL. I would be glad to give the committee my

knowledge of Mr. White. He was born in -Fort Collins, Colo. We all

have the biography before us. I think it is a competent one. I ask

unanimous consent to put it in the record.

Following that I want to give some of the scholastic and educational

background of Byron White. First, I want to say to the members of

this committee that he is a very able lawyer, he has been in the practice

of law some 13 or 14 years, he is with a prominent firm, and he has the

respect of not only the bar of Colorado, but the people of Colorado.

He has had considerable experience away from law. He is very

active in all civic duties in the State. And before he practiced law

in Colorado he was a law clerk to Chief Justice Vinson. I do not

know that Justice Vinson was the Chief Justice at the time.

I think that the Attorney General's office is very fortunate in securing the services of this distinguished Colorado lawyer. He is dedicated public servant, he will reflect credit upon the Attorney General's

office, and upon the Government service of the United States.

The CHAIRMAN. Senator Allott.

STATEMENT OF GORDON ALLOTT, A UNITED STATES SENATOR

FROM THE STATE OF COLORADO

Senator ALLOTT. Mr. Chairman, I am very happy and honored to

appear here this morning for my fellow Coloradan, Byron White.

My personal acquaintance with him goes back actually to his days

in high school, when his older brother, Sam, was in the University

of Colorado, and who also was a Rhodes scholar, a brilliant studen ,

and a brilliant athlete.

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2 BYRON R. WHITE, DEPUTY-ATTORNEY-GENERAL-DESIGNATE

I want to say this about Bryon White, because we are of different

political faiths, different political beliefs, perhaps. Since it became

apparent that he would be named to a very prominent position in

the Government, I have made particular effort to inquire among my

friends and acquaintances in Denver, members of the bar, and

members of the judiciary. I have known him myself and known his

reputation at the bar for perhaps 13 or 14 years. And I do not know

of anything I can say which would more attest to his ability and his

excellent rating as a lawyer than the good words of outstanding

members of the bar in Colorado, and Denver particularly, where he is

known, and the members of the State bench and the members of the

Federal bench there who have uniformly stated his high qualifications.

This has been his reputation, of which I have been aware for a

long time, and in my opinion there can be no question about Mr.

White's ability to fill this job. And I want to say that in all his life

there has been no taint or breath or question of anything that would

be detrimental to his being considered for this very important

appointment.

And so as a fellow Coloradan, though a member of the opposite

party, I am very happy to appear here and speak in his behalf for

this nomination.

The CHAIRMAN. Are there any questions?

Senator DIRKSEN. Yes, Mr. Chairman, I have two questions.

First, I want to know how a Yale man got into this Harvard league.

Senator KEFAUVER. Will the Senator yield?

Senator DIRKSEN. Yes.

Senator KEFAUVER. I have been exposed up in New Haven myself,

and I await with great anxiety the response to your question.

STATEMENT OF BYRON R. WHITE, DEPIITY-ATTORNEY.GENERALDESIGNATE

Mr. WHITE. Perhaps the same way that some other Yale people

have been considered for some of the secondary positions.

Senator HRUSKA. It has been rumored that the whole result is

effected by imposing the merit system. Would you subscribe to that

rumor?

Mr. WHITE. Well, for certain high Government positions I would,

yes, indeed.

Senator DIRKSEN. My second question will be of extraordinary

interest to the distinguished Senator from Tennessee.

I see you played three seasons in professional football; is that

correct?

Mr. WHITE. Yes, sir.

Senator DIRKSEN. The Detroit Lions and the Pittsburgh Pirates?

Mr. WHITE. Yes, sir. 

Senator DIRKSEN. When the subcommittee of this committee,

under the chairmanship of the distinguished Senator from Tennessee

begins to harass professional football, if there is any monopoly there,

would you be in a position to render objective judgment from where

you sit?

Mr. WHITE. Well, it might depend on which team was involved.

We would refer that to the Assistant Attorney General in the Antitrust

Division.
BYRON R. WHITE, DEPUTY-ATTORNEY-GENERAL-DESIGNATE 3

Senator DIRKSEN. Mr. Chairman, the biographical statement speaks

for itself. It is very impressive. And I have no questions.

I wish you well in your new responsibility.

Mr. WHITE. Thank you, Senator.

The CHAIRMAN. Are there any questions that anybody desires to

ask Mr. White?

Senator CARROLL. I merely wanted to add that despite the great

athletic ability of Byron White, all through his schooling he was an

A student, an outstanding student. And he left professional football

to complete his education. And I think it shows in the record that

he was a Rhodes scholar, an outstanding man. And we are very

fortunate to have this type of man in public service.

Senator KEFAUVER. Mr. Chairman, it does not show here in the

biography that Mr. White was an All-American football player.

Is that true?

Mr. WHITE. Yes, sir.

Senator KEFAUVER. What year was that at the University of

Colorado?

Mr. WHITE. 1937.

Senator KEFAUVER. I notice, Mr. Chairman, that he graduated

magna cum laude at Yale, and was an All-American football player.

And I want to say that that is where our experience parts company.

I went also to Yale, but I did not get magna cum laude. And the

way I got to be All-American football player is quite different from

Mr. White. I was on the second team at the University of Tennessee

until I ran for the House, and then when I ran for the House of Representatives and the Senate, I made All-American.

The CHAIRMAN. Have you checked the biography?

Mr. WHITE. Yes.

The CHAIRMAN. IS it correct?

Mr. WHITE. Yes.

The CHAIRMAN. It will be placed in the record.

(The biography of Mr. White follows:)

BYRON WHITE

Born: Fort Collins, Colo., June 8, 1917.

Education: Wellington High School; graduated, valedictorian Colorado

University, 1938, was president of the student body, Phi Beta Kappa, star

of basketball, baseball, and football; entered Oxford University on Rhodes

Scholarship in January 1939; September 1939 returned home and entered Yale

Law; 1941 left Yale for military service; 1946 returned to Yale, graduated magna

cum laude.

Athletics: Played 1938 season with Pittsburgh Pirates; 1939 and 1940 played

with the Detroit Lions.

Military service: July 1941 volunteered for Marines but was rejected for color

blindness; October 1941 classified A-1 by draft board; May 1942 was lieutenant

(junior grade) with the Navy Reserve; served 4 years with the grade of lieutenant;

also, served with destroyer squadron and was aide to Capt. (now Adm.) Arleigh

Burke when Burke was chief of staff with Admiral Mitscher's Task Forces 38

and 58.

Professional life: Lawyer in Denver for past 13 years; presently partner with

Lewis, Grant & Davis; on board of trustees of Aspen Institute for Humanistic

Studies; president of board of Social Science Foundation of Denver •• sity;

president of Denver Area Welfare Council; associated with Urba -

associated with Boy Scouts and YMCA.

Married to the former Marion Stearns. c.

Children: Charles, 7, and Nancy, 2. REFERENCE

Association with Senator Kennedy: First met Kennedy 

again in 1943 in Solomon Islands and in 1947 when White wa NM#Rtfly

DEPARTiVIENT

Y44 N ,
4 BYRON R. WHITE, DEPUTY-ATTORNEY-GENERAL-DESIGNATE

Justice Vinson of Supreme Court and Senator Kennedy was freshman Congressman. White began Kennedy for President movement in his State about a year

ago. Previous minor political posts: Precinct committeeman, district captain.

Senator KEFAUVER. I think he will be an outstanding man in the

job.

Senator HRUSKA. Mr. Chairman, may I ask a question?

The CHAIRMAN. Yes, sir.

Senator HRUSKA. Mr. White, you are associated now with Lewis,

Grant & Davis, a law firm in Denver • is that correct?

Mr. WHITE. That is the firm that I was associated with, Senator.

I resigned from the firm effective January 1 of this year.

Senator HRUSKA. How long had you been associated with that

firm?

Mr. WHITE. Thirteen years. I think it was more or less—the

name had changed somewhat during the years.

Senator HRUSKA. The same entity?

Mr. WHITE. Yes.

Senator HRUSKA. What was the general nature of the practice of

that firm and your own legal activities?

Mr. WHITE. It was a general practice law firm, like those firms in

Denver having a typical western corporate practice, but with a good

deal of real estate in it, and also concerned with the productive and

agricultural industries.

My own work up until about 2 years ago was concerned mostly

with litigation, with a good deal of antitrust work in the litigation,

but it was also, you might say, a general corporate practice. In

the last 2 years I have spent a good share of my time on tax work.

Senator HRUSKA. You say that you were engaged in antitrust litigation. Now, do you mean by that that you participated in trials,

you did the trial work in connection with that activity?

Mr. WHITE. Yes.

Senator HRUSKA. And what are some of the types of antitrust cases

that you did try?

Mr. WHITE. We have handled in the office both public suits and

private litigation. I would think perhaps the triple damage private

litigation has been as recurring as anything in our office.

For example, we have been on both sides, I have been, in private

litigation. We have been in a section 7 case, a merger case on the

side of the plaintiff. We have engaged in the defense of public actions,

the United States against cement companies, and a private action in

the sugar industry.

Senator HRUSKA. Did you represent any railroads?

Mr. WHITE. No, sir.

Senator HRUSKA. Did you represent any insurance companies?

Mr. WHITE. No, sir.

Senator HRUSKA. Any banks?

Mr. WHITE. Yes, sir.

Senator HRUSKA. As general counsel or in specific cases?

Mr. WHITE. There are two firms in Denver now who are sort of

coequal general counsel for the Denver U.S. National Bank, which

was a result of a merger which took place about 2 years ago. Before

that we had been general counsel for the Denver National Bank.

Senator HRUSKA. Thank you, Mr. White.

Senator KEATING. Mr. Chairman, may I ask a question?
-••••••• --"•••••••••••=111•11,•••"

BYRON R. WHITE, DEPUTY-ATTORNEY-GENERAL-DESIGNATE 5

Mr. White, it seems to be the custom to ask everyone who comes

for confirmation whether he has divested himself of all of his assets.

Regardless of the merits of that question, do you own any stocks or

bonds or have any financial interest in any company or corporation

which might have business with the U.S. Government?

Mr. WHITE. The only shares—the only securities in private corporations which I have retained are three rather small—I have some

shares in a Canadian oil company which does no business in the

United States. I have some shares in a Colorado mining company

which, like some other mining companies, is no longer very active.

And I have another undivided interest in a management—in an

investment trust management company. These shares are owned by

the firm of which I was a member, and they will be distributed, I

anticipate, to me, in connection with the ending of my interest with

the firm.

Senator KEATING. In other words, that is a management trust in

which the firm invested money of all the partners?

Mr. WHITE. Yes, sir.

Senator KEATING. And you will get a divided share as a part of

the liquidation of your interest in the firm?

Mr. WHITE. Yes, sir.

Senator KEATING. Do you feel that any of those holdings will in

any prevent your giving your undivided attention and loyalty to

the interest of the United States in the discharge of your duties?

Mr. WHITE. No, I don't think they will interfere.

Senator KEATING. Thank you very much.

The CHAIRMAN. Any further questions?

Senator McCLELLAN. Mr. Chairman, I am very sorry I was late.

This gentleman has already been adequately interrogated. I know

of no reason why he should not be conformed.

I may say to him, however, that to keep the pace that I am sure

is going to be set by the next Attorney General—I know how long

he works—you are going to earn your salary, because he is a hard

worker, and if you follow his example you will really have an opportunity to make a contribution.

Mr. WHITE. I appreciate your views.

Senator JOHNSTON. I believe in all your statements you bring out

the fact that you do not hold any stock in any company or corporation

which you feel would in any way keep you from doing your duties

in the office which you are seeking?

Mr. WHITE. That is right.

These securities which I just described are ones which I thought

that I could retain and which, under the conflict-of-interest clause,

will not interfere with my public duties.

The CHAIRMAN. Any further questions, gentlemen?

(No response.)

(Whereupon, at 11:05 a.m., the committee proceeded to other

business.)

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