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)MINATION OF JUDGE ROBERT E. QUINN

HEARING

BEFORE THE

COMMITTEE ON ARMED SERVICES

UNITED STATES SENATE

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jj NOMINATION OF JUDGE ROBERT EMMETT QUINN, OF

14:1 RHODE ISLAND, FOR REAPPOINTMENT AS A JUDGE OF

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THE, UNITED STATES COURT OF MILITARY APPEALS

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MAY 12, 1966 0-

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EIGHTY-NINTH CONGRESS

SECOND SESSION

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Printed for the use of the Committee on Armed Services

U.S. GOVERNMENT PRINTING OFFICE

63-477 WASHINGTON 1966
COMMITTEE ON ARMED SERVICES

RICHARD B. RUSSELL, Georgia, Chairman

JOHN STENNIS, Mississippi

STUART SYMINGTON, Missouri

HENRY M. JACKSON, Washington

SAM J. ERVIN, JR., North Carolina

HOWARD W. CANNON, Nevada

ROBERT C. BYRD, West Virginia

STEPHEN M. YOUNG, Ohio

DANIEL K. INOUYE, Hawaii

THOMAS J. McINTYRE, New Hampshire

DANIEL B. BREWSTER, Maryland

HARRY F. BYRD, JR., Virginia

LEVERETT SALTONSTALL, Massachusetts

MARGARET CHASE SMITH, Maine

STROM THURMOND, South Carolina

JACK MILLER, Iowa

JOHN G. TOWER, Texas

WILLIAM H. DARDEN, Chief of Staff

CHARLES B. KIRBOW, Chief Clerk
NOMINATION OF JUDGE ROBERT EMMETT QUINN FOR

REAPPOINTMENT AS A JUDGE OF THE U.S. COURT

OF MILITARY APPEALS

THURSDAY, MAY 12, 1966

U.S. SENATE,

COMMITTEE ON ARMED SERVICES,

Washington, D.C.

The committee met, pursuant to call, at 10:35 a.m., in room 212,

Old Senate Office Building, Senator Richard B. Russell (chairman)

presiding.

Present: Senators Russell, Stennis, Cannon, Young of Ohio,

Saltonstall, Smith, and Thurmond.

Also present: William H. Darden, chief of staff; T. Edward Braswell and Gordon A. Nease, professional staff members; Charles B.

Kirbow, chief clerk; Herbert S. Atkinson, assistant chief clerk.

NOMINATION OF JUDGE QUINN

Chairman RUSSELL. The committee will come to order. At the

last meeting of the committee, the nomination of Robert Emmett

Quinn of Rhode Island for reappointment as a Judge of the U.S.

Court of Military Appeals for a term of 15 years came before the

committee. We have had some additions to the committee since

Judge Quinn's original appointment. Some of the members have not

had an opportunity to examine Judge Quinn or to meet him and know

him, and the matter was, therefore, carried over until today to have a

hearing. Ordinarily, we do not hear those who are up for reappointment.

Judge, will you be good enough to take a seat at the end of the

table? I have been asked by both the Senators from Rhode Island,

Senators Pastore and Pell, to inform the committee of their high regard for Judge Quinn, and the fact that they urge prompt and favorable action on this nomination.

I also will ask to have printed in the record a brief résumé of Judge

Quinn's life and services.

(The nomination reference and resume referred to follow:)

NOMINATION REFERENCE AND REPORT

IN EXECUTIVE SESSION,

SENATE OF THE UNITED STATES,

April 28, 1966.

Ordered, That the following nomination be referred to the Committee on Armed

Services:

Robert Emmett Quinn, of Rhode Island, to be a judge of the Court of Military

Appeals for the term of fifteen years expiring May 1, 1981. (Reappointment.)

1

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2 NOMINATION OF JUDGE ROBERT E. QUINN

Robert Emmett Quinn, chief judge; born in Phenix, R.I., April 2, 1894; son of

Charles and Mary Ann (McCabe) Quinn; A. B., Brown University, 1915; LL.B.,

Harvard, 1918; married Mary Carter, August 3, 1923; Children, Norma Marie,

Robert Carter, Pauline Fulton, Cameron Peter, and Penelope Dorr; admitted

to Rhode Island bar and practicing attorney at Providence, R.I., since 1917; .

member United States Diplomatic Intelligence Service in England and France,

1917-19; member, Rhode Island senate, 1923-25 and 1929-33; lieutenant governor,

State of Rhode Island, 1933-36; Governor, State of Rhode Island 1937-39;

judge, Rhode Island Superior Court commencing May 1, 1941; legal officer,

First Naval District, 1942-45; captain, United States Naval Reserve since

February 1942; commanding officer, Naval Reserve Volunteer Legal Unit of

Rhode Island, 1947-50; president, Kent County Bar Association; member,

American and Rhode Island Bar Associations; member, Phi Kappa; member,

Brown, Harvard, Wannamoisett, Turks Head, West Warwich Country and Army

and Navy Clubs; nominated by President Truman to chief judge of the United

States Court of Military Appeals May 22, 1951, for the term expiring May 1,

1966, confirmed by Senate June 19, 1951, and took oath of office June 20, 1951,

under commission of President Truman dated June 20, 1951; Democrat; Roman

Catholic.

Chairman RUSSELL. Judge, we are glad to have you here.

STATEMENT OF JUDGE ROBERT E. QUINN, NOMINEE, OF RHODE

ISLAND, FOR REAPPOINTMENT AS A JUDGE OF THE U.S. COURT

OF MILITARY APPEALS

Judge QUINN. Thank you, Senator.

Chairman RUSSELL. It has been some time since we first saw you

at this table.

Judge QUINN. It has been a long time.

Chairman RUSSELL. Does any member of the committee have any

questions to pose to Judge Quinn?

Senator Saltonstall?

Senator SALTONSTALL. Judge, you have been a member of this

court with Judge Ferguson, and Judge Kilday, our former Congressman from Texas. You have been a member since its inception.

Judge QUINN. Yes; that is right, Senator.

Senator SALTONSTALL. And you would like to continue?

Judge QUINN. Yes. I would be glad to, if the committee would

like to have me. The President appointed me; and I would be glad

to serve at least for a few years, as long as the law will let me.

Senator SALTONSTALL. And you are in physical and mental health,

in your own opinion, to continue this work?

Judge QUINN. Yes; I think so, Senator Saltonstall.

Senator SALTONSTALL. And you like the service with your colleagues, Ferguson and Kilday?

Judge QUINN. Yes; I enjoy my service with them very much. They

are both very fine men.

Senator SALTONSTALL. Mr. Chairman, I have no further questions

except to have you note, as undoubtedly you already have, that

Judge Quinn is another Harvard man.

Judge QUINN. Don't hold that against me.

Chairman RUSSELL. We will see if we can find any mitigating

circumstances, Judge.

Senator Stennis, do you have any questions?

Senator STENNIS. I would just like to know something about the

volume of work of the court. I believe you were one of the first appointees, were you not?

4111.
NOMINATION OF JUDGE ROBERT E. QUINN 3

Judge QUINN. That is right, Senator.

Senator STENNIS. How many cases do you handle a month; do you

know approximately?

Judge QUINN. At the present time about 70. Our peak load was

about 220 a month in 1954 and 1955. The volume is down now to

about 70 cases a month.

Senator STENNIS. How in the world could you handle that many

cases a month, Judge?

Judge QUINN. It was pretty hard work. We wrote 359 opinions

in 1 year, a three-man court, which was rather a strenuous job, but

we did it. We disposed of approximately 20,000 cases over the course

of the last 15 years.

Senator STENNIS. Do you have arguments on most of these cases?

Judge QUINN. On all of them.

Senator STENNIS. Oral arguments?

Judge QUINN. Oral arguments on all cases that are granted. Of

course, many cases are denied, you know, that come to us, Senator.

In other words, we examine the record, and unless we find just cause

we deny the petition.

Senator STENNIS. But all those that you take up on the merits are

argued before you?

Judge QUINN. They are all briefed and argued and opinions are

written.

Senator STENNIS. That is all I have.

Chairman RUSSELL. Senator Cannon?

Senator CANNON. Judge, of these 70 a month that are running now,

how many are actually argued before the court.

Judge QUINN. I would say approximately 15, Senator.

Senator CANNON. Is that about the usual proportion? For example,

would it be about that same percentage if you had 100 cases?

Judge QUINN. No; it would probably be 20. We grant perhaps

somewhere between 15 and 20 percent of the petitions.

Senator CANNON. Is there any backlog?

Judge QUINN. No backlog.

Senator CANNON. On the cases now?

Judge QUINN. One case left undecided.

Senator CANNON. And has the caseload consistently gone down for

the past 2 or 3 years, or 3 or 4 years?

Judge QUINN. I might say for the last 3 years it has remained

about the same, and probably would now go up, with the Vietnam

situation.

Senator CANNON. That was going to be my next question. Have

you had any indication of a rise of the caseload since Vietnam started?

Judge QUINN. We have some cases coming in from Vietnam, but

not very many, but I would think by the fall of this year there would

be some increase.

Senator CANNON. And the court actually reviews these cases from

a legal standpoint rather than other questions involved, is that

correct?

Judge QUINN. We pass only on questions of law.

Senator CANNON. In a normal peacetime activity, is it your view

that there would be a very heavy caseload?

Judge QUINN. I would think it might run about 70 to 80 cases a

month as long as the Military Establishment remained at 2.6 million

or 2.7 or 2.8. Of course, it is increasing now.
4 NOMINATION OF JUDGE ROBERT E. QUINN

Senator CANNON. Have you established a fairly large body of case

law now as precedents?

Judge QUINN. Fifteen printed volumes with the sixteenth coming

out, perhaps within another month.

Senator CANNON. Thank you very much, Mr. Chairman.

Chairman RUSSELL. Senator Smith.

Senator SMITH. I haven't any questions, Mr. Chairman.

Chairman RUSSELL. Senator Young.

Senator YOUNG. Yes, I have a few questions. By the way, I want

to state that Senator Pastore has spoken to me and he, of course,

thinks very highly of his predecessor as Governor, his friend. Senator

Pell also spoke to me and he thinks very highly of Judge Quinn and

hopes he will be confirmed as judge.

Judge QUINN. Thank you, Senator.

Senator YOUNG. There are three judges on this court, are there not?

Judge QUINN. Yes, sir.

Senator YOUNG. And you are the presiding judge?

Judge QUINN. Yes, sir.

Senator YOUNG. Your formal meetings are in Washington, are they

not?

Judge QUINN. Yes, all our meetings are in Washington.

Senator YOUNG. How many were held, for instance, last month?

Judge QUINN. I would say, five. You mean days when we are

actually sitting on the court hearing cases?

Senator YOUNG. Yes, the three of you.

Judge QUINN. Yes, there are always three of us there if we are able

to be there.

Senator YOUNG. Now of the approximately 70 cases that come before your court each month during recent months, I take it that only

about one in five is set down for hearing.

Judge QUINN. That is correct.

Senator YOUNG. Of the 70, do you distribute them with your

associates?

Judge QUINN. Every judge goes over every record, Senator Young.

Senator YOUNG. Do you then submit your views by communication to your associates?

Judge QUINN. I write my action on a sheet, and it goes to each

judge, and they write their action and it comes back to me. It goes

to each of the judges, and they all pass on every record.

Senator YOUNG. And then the procedure is, say, that 1 out of

5 or 1 out of 6 is set down for oral argument?

Judge QUINN. Yes, sir.

Senator YOUNG. There are no witnesses heard, but the claimant or

his attorney may come before you?

Judge QUINN. Yes.

Senator YOUNG. Is that always the situation?

Judge QUINN. We have only heard witnesses once in the 15 years

of the existence of the court. It was on a contention that counsel

didn't properly represent the accused, and he was brought in and

examined by the court. That is the only instance in which we have

taken testimony.

Senator YOUNG. And, of course, following the Korean war, for a

number of years you were exceedingly busy.

Judge QUINN. Yes, we were. In the first 3 cm 4 years of the existence of the court, the volume was much greater. It ran as high as
NOMINATION OF JUDGE ROBERT E. QUINN 5

2,250 cases in 1 year, and then, of course, with the diminution of the

number of men in the Military Establishment, the volume went

down

'

and then also with the laying down of the precedents, the

boards of review now catch the errors on the way up and send them

back for rehearing, and so they don't get up to us as they did 6 or 7

or 8 years ago.

Senator YOUNG. Now in recent years there has been this diminution

or lag. That has been pretty static, has it?

Judge QUINN. For about 3 years it would run I should say about

70 cases a month, Senator.

Senator YOUNG. And there is argument on one out of five of those

approximately?

Judge QUINN. Yes that is right.

Senator YOUNG. I am assuming that when you have cases set

down for hearing, you usually set a number of them for 1 day.

Judge QUINN. Three a day is the usual number.

Senator YOUNG. And you can dispose of them in, I suppose, 3 or

4 hours?

Judge QUINN. About that, yet, and we try to keep our calendar

strictly up to date. We have no backlog whatsoever. I think

perhaps it would be fair to say we are the only Federal court in the

United States that has no backlog.

Senator YOUNG. And if this fighting doesn't end in Vietnam, it

is reasonable to expect that in a few years' time there may be more

than 70?

Judge QUINN. Yes.

Senator YOUNG. Now it happens, Judge, that I am one of the

junior members of this committee, but I am not one of the junior

members in age however. I note that you were born in 1894, while

I was born in 1889.

Judge QUINN. You are a better man than I am, Senator.

Senator YOUNG. No, I wouldn't say that. But what I am troubled

about is this. You are up for reappointment. Of course, a Federal

judge, most of them are appointed for good behavior which is construed for life.

Judge QUINN. Yes.

Senator YOUNG. Your term is 15 years. You are 72 years of age

now, so that would be 87, and with life expectancy increasing all the

time, we can look forward to living longer.

Senator SALTONSTALL. Mr. Chairman, would the Senator permit

an interruption?

Senator YOUNG. Yes.

Senator SALTONSTALL. I just wanted to add that we New Englanders

live to be a good 90 years old.

Senator YOUNG. I am a New Englander one "'degree removed,

because I was born and reared in the firelands, the Connecticut

firelands. I come from Norwalk, named after Norwalk, Conn., and

New London, named after New London Conn.

Senator SALTONSTALL. Judge

'

I don't think we ought to let him in

our class at all, do you on that? 

Judge QUINN. He is doing pretty well, Senator, I would say.

Senator YOUNG. Recently I felt well disposed toward an Ohio

lawyer for a Federal judgeship; a fine lawyer who is 62 years of age,

62 or 63 years of age. The Attorney General gave me quite an

argument on that. He said that was too old, and the White House
6 NOMINATION OF JUDGE ROBERT E. QUINN

also corroborated that. I said to Attorney General Katzenbach,

"Sarah Hughes of Texas was 66 when she was appointed, as I understand it." He said, "Well, she was from Texas." And Colonel

Mickie of Charlottesville was 65 when he was appointed, but they tell

me those are exceptions. I am just disinclined to follow the recommendations of the Attorney General and the recommendations I get

from the White House, if they consider a man of 62 or 63 too old, and

don't hold that against you and your age.

Now, have you any comment on that? You certainly look vigorous.

Judge QUINN. Well, I can only say that I am 72 years old, going

on 50, Senator. That is the only answer I can give you.

Senator SALTONSTALL. That is a good one.

Senator YOUNG. When I was debating Taft, Junior, at the City Club

in Cleveland in the 1964 campaign, I said, "By the calendar I am a

great deal older, but by my thought and my action I am a half a

century younger than he is." They seemed delighted.

Senator SALTONSTALL. Would the Senator permit?

Senator YOUNG. Yes.

Senator SALTONSTALL. You and the judge are in the same category,

then.

Senator YOUNG. I think so. Well, I think it is important, Judge,

that we had you before us.

Judge QUINN. I am very glad to be here, Senator.

Senator YOUNG. Just like the trial of any lawsuit, it helps to see

the witnesses.

Judge QUINN. Certainly.

Senator YOUNG. And hear a man testifying.

Judge QUINN. I am very glad to come, Senator.

Senator YOUNG. I haven't any other questions.

airman RUSSELL. Senator Thurmond.

' •tor THURMOND. Thank you, Mr. Chairman. I want to congratu e you upon your reappointment. I think you have done a

4.3fine j:i and I shall be pleased to support your confirmation.

Juts QUINN. Thank you very much, Senator.

N

4446 C . man RUSSELL. Are there any further questions of Judge -

Quin-11. - If not, we thank you very much for your presence here this

morning, Judge.

Judge QUINN. Thank you very much, Senator. I am very glad to

come.

Chairman RUSSELL. The committee will now go into executive

session.

Senator YOUNG. By the way, Judge, you and I know some men in

their fifties who are older in appearance and in thought and action

than you and I.

Judge QUINN. I am a great admirer of yours and I hope you will be

around another 15 years, Senator.

Senator YOUNG. Thank you.

(Whereupon at 10:53 a.m., the committee went into executive

session.)

(The nomination of Judge Quinn for reappq .00" 4 t as a judge of

the United States Court of Military Appeir s ubsequently

approved by the committee in executive ,session and co ed by the

Senate on May 16, 1966.)

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