Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-03-13

BY vote OF fifty to twenty-six, the
Senate at . o'clock this afternoon con-
| firmed the nomination of Chancellor
Mahlon Pitney of New Jersey to be
| associate justice of the Supreme Court
of the United States. as the successor
of the late Justice Harlan.
Much of a contest centered in the
| debating in the Senate preliminary to
the confirmation. but, contrary to ex-
pectations the nomination was put to a
| vote at . o'clock. instead of o'clock. at
| which hour the Senate yesterday agreed
the vote should be taken Soon after
| the gavel fell at noon the Senate
cleared the galleries and locked the
| doors. and the Supreme Court nomina-
! ton was at once taken up.
| Senators Culberson of Texas and
| Reed of Missouri led the opposition
| among the democrats, and Senator
Cummins among some of the fnsurgent
republicans
The regular republicans stood by
him. and not few of the democrats
voted for confirmation.
Senator Hepburn Comes to Vote.
Senator Hepburn of Idaho, who has
| temporarily given up his senatorial du
4
| Unexpectedly appeared at the executive
session, but it was only to remain long
enough to vote on the confirmation of
Chancellor Pitney. He told his col
| leagues who congratulated him upon
his return that the lesion over his left
eye, which caused his temporary retire
| ment. had not healed, and there was
still such confusion of vision as to rem
der continued service impracticable for
the present.
Decision in Labor Case Criticised.
For over three hours in executive ses-
sion yesterday afternoon Judge Pitney's
| nomination was discussed, and the de-
bate frequently was stormy. Senators
Culberson of Texas, Reed Of Missouri,
O'Gorman of New York, Shively of In
diana and Williams Of Mississippi. all
| democrats, and Senator Cummins, re-
publican, attacked the nomination, chief
| ly because Of Judge Pitney's decision in
what Is known as the glass bottle blow
ers' case. That decision interdicted pick
citing and boycotting, prohibited strikers
| from personally molesting strikebreakers
and restrained journeymen green glass
bottle blowers from using force or coer-
cion or persuasion to make loyal en-
ployes leave their work.
Senators Bailey of Texas and Clark of
Arkansas, democrats, and Senators Root
of New York and William Alden Smith
of Michigan. republicans, defended Judge
Pitney.
The debate was enlivened by an indi-
rect reference to an Endorsement Of
Chancellor Pitney by Gov. Woodrow Will
son. A telegram to Senator MARITIME from
Samuel Kalisch of the supreme court OF
New Jersey, a progressive. indorsing Mr..
Pitney, was circulated in the Senate
chamber.
Bailey's Plea for Pitney.
At one time the attack was directed at
the general qualifications of Mr.. Pitney
for the Supreme Court bench. Senator
Bailey retorted that, even if Judge Pitney
were in error in his decision in the glass
bottle blowers case, one erroneous de-
cision was not sufficient to cause him to
vote against the judge.
Senator O'Gormans contention was that
the decision had gone entirely too Tar,
that the court had enjoined acts that
were not in violation of law and that II
indicated a tendency to get on the wrong
side of question.
Mr. Pitney's record as member OF the
House was brought up as an argument in
his favor 1t was commended that he had
taken a strong position in opposition to
two public service corporations in the
District and had advocated stringent
regulation of them by congressional en-