The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-12
SOUTHERNERS OPPOSE MOODY
HOLD UP NOMINATION BECAUSE
OF LYNCHING BILL.

PWHN Wv - ~ NAN tV&ou =
Please Them they Weren't satisfied
senate 20 Vote To-day and Connrms-
rion I~lkeIy-Clears Way FOR Others.
WASHINGTON. Dec. ll.-An extraordinary
situation exists in the Senate with respect
IN the Cabinet nominations and the NOM
nation Of Attorney General Moody to be
n Justice of the Supreme Court. which
President Roosevelt sent in for confirma-
ion on the opening day OF the present
session.
Although more than a week has passed
since the nominations we're submitted no
action has been taken by the Senate and
enough has developed TO show that there
san organized effort to prevent Mr.. Moody's
transfer 10 the Supreme bench. This effort;
strangely enough, involves the race ques-
tjon. II is customary for the Senate to act
promptly upon Cabinet nominations.
When the nomination of Mr.. Moody
80 be a member of the Supreme Court was
reported TO the Senate yesterday Senator
Culberson Of Texas began talking in opposi-
ION ~ u III idtiOh Va thc NOMINATION.
Of Secretary Of he Navy B~onaparte to
succeed Mr.. Moody as Accomplishment
his ground of objection being that Mr..
~Ronsparte had once made a speech which
indicated that he had a friendly feeling
tor some trusts.
AZ Mr.. B~onaparte's case was not before
the Senate objection was made to its con-
sideration. and when Mr.. Moodv's nom
nation was again brought forward Senator
Teller OF Colorado insisted that it should
20 over until to-day. When the nomin a.
tion Of Mr.. Moody was brought before
the Senate in executive session to -day
senator Culberson. who had inferentially
criticised Mr.. B~onaparte's nomination yes
terday. and Senator Carmack of Tennessee
raised obstacles which caused a further
poetponement of the matter.
They called the Senate's attention to the
fact that in December. 1901, while Mr..
Moody was a Representative in Congress
rom Massachusetts he had introduced a
iii that provided for a fine of IS 900 to be
assessed against any county in the United
states which permitted the lynching of a
'colored" person. There was nothing in the
proposed measure which made il a punish
able offence TO lynch a white person, and
this served to raise the ire Of the two
Southern Senat )rs and furnished the ground.
work for their opposition to Mr.. Moody.
Senator's Culberson and Carmack did
not profess any objection to a general law
Tor the suppression of lynching, but they
contended that Mr.. Moody's bill contem-
plated no penalty for the lynching Of white
citizens and was therefore reprehensible
in it's sectionalism.
The feeling Of the Southern Senators was
not lessened when it was reported to them
that shortly after it's introduction Mr.
Moody redrafted the Objectionable bill so
as to make It's penalties applicable to lynch
ing regardless of the color Of the person
iynched. The redrsfted measure, which
vas introduced on December 10, 1901, was
entitled, "A bill for the protection Of citizens
Of the United States against lynching in
default of protection by States"
Among other things it provided that
United States Circuit Courts should nave
jurisdiction in cases Of persons accused OF
the crime of lynching in any Of the States
While the Senate in open session wa
listening 10 Senator Burrows deliver his
argument for the removal Of Senator Reec
>moot Of Utah word was passed around
on the Democratic side that an interesting
document was ready for inspection in the
Democratic cloak room. The exhibit was
the first Moody ~anti-lynohing bill. By the
time the Senate went into executive session
every Democratic Senator inc some OF th'
Republicans had been made ware of Mr.
Moody's legislative past. and not a few o.
the So%utherners declared with emphasi il
hat they would not vote TO confirm th'
nomination OF the author Of such a bill a:
m Associate Justice of the Supreme Court
After they had voiced their objections
In the executive sessions Senators Culbe
son and Carmack asked for time to in
vesugate more fully the anti-lynching legis
iation proposed by Mr.. Moody. Senator
Lodge If Massachusetts, interposed with
the statement that he would consent to q
poetponement only with the understanding
that the nomination of Mr.. Moody should
"a voted on tomorrow.
This was agreed TO and the nomination
vent over another day. It is regarded b.
nearly all Senators "a certain that It viii
re confirmed, although some Democratic
vntee will be cast in the negative.
As soon as the nomination of Mr.. Mood,
Ia confirmed there will probably be NJ
further delay in confirming the Cabine
nominations. The only formal objection
interposed heretofore has been that ther'
vas no actual vacancy existing In thu
Cabinet. The same objection was raise,
IN the Finance COMMITTEES to-day and serves
10 postpone favorable action on the nomina
ions 81 Postmaster General Cortelyou Il
no Secretary Of the Treasury and Com
missioner Of Corporations Garfield to b'
Secretary OF the Interior.
The nominations OF George Won l.. Meye
10 be Postmaster-Gene and Oscar Straus
N be Secretary OF Commerce and Labor
are beng held up in the committees on Pos
Offices and Post Roads and on Commerce
respectively for the same reason.
Once Mr.. Moody's nomination is con
frmed the Senate, it is believed. will make
prompt work of the Cabinet nominations
IL is regarded as likely that some and pos
Ibly all Of them win be confirmed to-mor
row.
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