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Or 7 WILLIAM H. LORRICK, JR., AN ASSISTANT

ATTORNEY GENERAL-DESIGNATE

GO-VERNMENI

Storage

HEARING

BEFORE THE is)

[MEE ON THE JUDICIARY

=----=7°- NNE]) STATES SENATE

=1=• 1 EIGHTY-SEVENTH CONGRESS

FIRST SESSION

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WILLIAM H. ORRICK, JR.

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AA ASSISTANT ATTORNEY GENERAL-DESIGNATE

• 1-11 41 1

JANUARY 18, 1961

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

64922 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 J. DODD, Connecticut

PHILIP A. HART, Michigan

EDWARD V. LONG, Missouri

WM. A. BLAKLEY, Texas

II

ALEXANDER WILEY, Wisconsin

EVE RETT McKINLEY DIRKSEN, Illinois

ROMAN L. HRUSKA, Nebraska

KENNETH B. KEATING, New York

NORRIS COTTON, New Hampshire

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WILLIAM H. ORRICK, JR., AN ASSISTANT ATTORNEY

GENERAL-DESIGNATE OF THE UNITED STATES

WEDNESDAY, JANUARY 28, 1961

U.S. SENATE,

COMMITTEE ON THE JUDICIARY,

Washington, D. C.

The committee met, pursuant to call, at 11:15 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. Now we have Mr. William H. Orrick, Jr., to be

an Assistant Attorney General in charge of the Civil Division of the

Department of Justice. I was notified yesterday that he was in town.

He is present in the room.

Would there be any objection to considering him also this morning?

This is Mr. William Orrick, of San Francisco, Calif.

STATEMENT OF WILLIAM H. ORRICK, JR., AN A

ATTORNEY GENERAL-DESIGNATE OF THE UNITED

The CHAIRMAN. Mr. Orrick, how old are you, sir?

Mr. ORRICK. I am 45, Mr. Chairman.

The CHAIRMAN. Where were you born?

Mr. ORRICK. In San Francisco, Calif.

The CHAIRMAN. Where did you go to school? -

Mr. ORRICK. To the Thatcher School, of Ojai, Calif.; to the o

kiss School at Yale University, where I graduated in 1937; to the

University of California Law School, where I graduated in 1941.

The CHAIRMAN. Now, have you practiced law since 1941?

Mr. ORRICK. Yes, sir; with the exception of 50 months, when I

was in the U.S. Army.

The CHAIRMAN. Now, when you began your practice of law what

firm did you go with?

Mr. ORRICK. The firm of Orrick, Dahquist, Herrington & Sutcliffe

in San Francisco.

The CHAIRMAN. Are you still with that firm?

Mr. ORRICK. I am; yes, sir.

The CHAIRMAN. What type of work do you handle?

Mr. ORRICK. Our firm has a general corporate practice. We do

all the municipal bond work in northern California, we do corporate

financial work and we do litigation incident to that work. In short,

we do all types of civil work except domestic relations, and we don't

handle many personal-injury cases.
2 NOMINATION OF WILLIAM H. ORRICK, JR.

For about 4 years I worked doing municipal bond work which

involved reviewing the transcript of proceedings taken by cities and

counties and school districts issuing municipal bonds, and also the

State's bonds. I handled the litigation incident to that.

I have drafted wills, trusts in connection with carrying on the

probate practice. I have in connection with doing the corporate

work advised corporate clients, drafted resolutions, prepared registration statements, applications for the issuance of securities, handled

their litigation and also have participated in all phases of trial work,

from taking depositions of witnesses and drafting complaints and

answers and motions and arguing in the trial court to arguing in the

appellate courts.

The CHAIRMAN. Do you own any stocks or securities--

Mr. ORRICK. / CS; I do.

The CHAIRMAN. That would cause a conflict of interest between

the Government welfare and private interest?

Mr. ORRICK. I do not believe that the ones that I own, with one or

two exceptions in big companies which I will mention, would have any

bearing in carrying out the duties that I would have entrusted to me

as the Assistant Attorney General in charge of the Civil Division with

the unqualified fidelity that a lawyer owes to his client.

I own small blocks, by that I mean a hundred shares and 200

shares, in about 17 different companies, mostly California companies.

One of the companies is the First Western Bank & Trust Co., of

which I am a director, and I intend to resign from that company as

a director.

One of the companies is the Del Monte Co., of which I am a director,

and I intend to resign from that company as a director. And it goes

without saying that should any of these companies have litigation or

have any other matter in the Civil Division that I would of course

disqualify myself from participating in it.

The CHAIRMAN. I have the FBI file, on Mr. Orrick but I haven't

had time to read it. I am informed by the Bureau that he is a very

highly regarded man.

Any questions?

Senator KEATING. Your father is the senior member of the firm?

Mr. ORRICK. Yes, he is, or he was • he is retired from the firm.

Senator KEATING. I may say, Mr.' Chairman, I know Mr. Orrick's

father, and I know that his firm is an outstanding group of lawyers,

one of the best in California,

Mr. ORRICK. Thank you, sir.

Senator KEATING. Mr. Chairman, I know of this firm from my

own legal experience, and I know how highly they are regarded in

the State of California.

I think the witness has made a very forthright statement about

the remote possibility of a conflict of interest with any corporation

in which he has holdings. -

I think this thing can be carried too far. Anyone serving in the

Congress of the -United States who has any assets at all may from time to. time have to divorce himself from any Consideration of that in the national interest. I think that sometimes we may have gon:e rather far in requiring the. members of the executive branch to do things which we as Members of Congress might_ ourselves hesitate

to be willing to do. I think in general that the- same and regulations should apply to the members of both branches.
NOMINATION OF WILLIAM H. ORRICK, JR. 3

The CHAIRMAN. Any further questions, gentlemen?

Senator HRUSKA. Mr. Orrick, are you a member of the American

Bar Association?

Mr. ORRICK. Yes, sir; I am.

Senator HRUSKA. Any other legal societies or associations?

Mr. ORRICK. Yes, sir; the State Bar of California, and I am a

director of the Bar Association of San Francisco.

Senator HRUSKA. Thank you, sir.

The CHAIRMAN. Any further questions.

Senator CARROLL. Mr. Chairman, I would like to ask a question

of Mr. Orrick. I have also heard of his firm, a fine group of lawyers

in California.

Have you had an opportunity to study the scope of the duties of

this office which you will hold?

Mr. ORRICK. I wouldn't say study it, Senator, I am familiar

generally with the fact that the office has some 14,000 cases pending,

there are 6 or 8 different categories, and that there are 184 lawyers

who direct and supervise this litigation.

Senator CARROLL. And some of these cases are very important

cases, are they not, in the Government and the public interests?

Mr. ORRICK. I might say that they are.

I might add that I have had a case of my own in the Court of

Claims which has been decided, it was handled well by the Government, they won it in the Supreme Court.

Senator CARROLL. Mr. Chairman, I raise this point. I think the

importance of the offices which these men hold-184 lawyers—and

how many cases?

Mr. ORRICK. Over 14,000 pending cases.

. Senator CARROLL. I think we are fortunate to be able to get the

.type and caliber of the personnel who are going to handle these cases.

The CHAIRMAN. Gentlemen, could we have an executive session?

Senator CARROLL. I am very happy, Mr. Orrick, that you have

come from California to take this job.

Mr. ORRICK. Thank you, sir.

(Whereupon, at 11:25 a.m., the committee proceeded to executive

session.)

(Subsequent to the hearing the following was received:)

BIOGRAPHY OF MR. WILLIAM HORSLEY ORRICK, JR.

Born in San Francisco, Calif., October 10, 1915.

Attended the Thatcher School, Ojai, Calif., from 1928 to 1932; attended

Hotchkiss School, 1933; attended Yale University, 1933-37, receiving B.A.

degree; attended University of California, 1938-41, receiving LL. B. degree.

Served in U.S. Army from 1942 to 1946, entering as a private and finishing as a

captain. In counterintelligence and military intelligence.

Since 1946 I have practiced law with the firm of Orrick, Dahlquist, Herrington

& Sutcliffe, 405 Montgomery Street, San Francisco. I became a partner of that

firm in February 1950.

Director of the First Western Bank & Trust Co., and the Del Monte Properties

Co., and the Bar Association of San Francisco.

Trustee of the Franklin Hospital Foundation and the Thatcher School, Burke

School, and Branson School.

Member of the American Bar Association, the State Bar of California, and the

Bar Association of San Francisco.

Member of the Pacific Union Club, Bohemian Club, and Cypress Point Club.

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