Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-01-31
BELIEVED bRANDE|S /
WILL Be CONFIRMED
Majority of Senators of Both
Parties Said to Personally
Oppose Appointee, However.

II the privately expressed opinion OF
senator's. democrats and republicans.
supported by concurring views of
members Of the lower House. could be
represented in votes, according to the
way, they honestly feel. II may be said
that Mr.. Brandeis' nomination to the
Supreme Court would not be confirmed.
AS 1t is. the general belief Is that he
will be confirmed.
President Wilson, according to the
bitter complaint OF men of his own
party in Congress, has put the majority
party In the Senate in a tight corner
in nominating Mr.. Brandeis. And right
here 1t may be remarked that this Is
being chalked up against the President
for q future accounting.
The complaint IL that IL opposition to
the confirmation IL voiced on the
ground upon which 1t Is based, namely.
doubt Of the judicial temperament of
MI. Brandeis, the circumstances OF the
case may prevent absolute acceptance
OF the true reason. Senators who op-
pose him will be charged with two
things:
First. opposing him because Of his
racial antecedents and blood.
Second, because of the alleged oppo-
sition Of wall street" to him and out
OF reputed desire to favor the 'fn-
terests" supposed to be hostile to his
wearing the ermine.
Considered Hard Conditions.
In q presidential year. with nation
wide elections impending. these are
said to be pretty hard conditions to i'm
pose upon senators who can reasonably
be credited. without straining the con-
science. with a desire jealousy to
guard the Supreme Court, the last re-
sort for justice and fairs play. of every
one, rich or poor, and which up to this
time has not come under public sus-
picion or condemnation.
Already the friends OF Mr.. Brandeis
are thus accusing his opponents: ''Oh,
you oppose him because he is Jew"
they say. and You are with the preda-
tory interests of Wall street, who are
afraid to have this fearless defender
Of the people on the Supreme bench"
with each other and their friends have
protested bitterly against this line OF
procedure. yet recognising all the while
its possible effectiveness.
It IL regarded as a sardonic situation.
charged with cynical elements.
Some senators say that this Is likely
to be q severe test case for the. Senate.
the acid test OF the ability OF the Sem
ate. in the limelight Of political ex-
igenctes. to exercise its constitutional
power Of scrutiny over appointments,
in this particular instance the appoint
ment being regarded as Of the highest
importance.
Early Report Is Expected.
The supporters of Mr.. Brandeis scorsA
in the first action taken on the nomi.
nation today. The nomination was re-
ferred to q subcommittee. consisting of
Senator Chiffon of West Virginia.
chairman. and Senators Fletcher Of
Florida and Walsh OF Montana. demo-
Gratis. and Senators Clark of wyoming
and Cummins Of Iowa, republicans.
1t is believed that the subcommittee
will report favorably on the nominal
ton to the full committee. Senators
Chiffon and Fletcher are said to be in
favor OF confirmation. with Senator's
Walsh and Cummins undecided and
Senator Clark opposed.
Followinf the meeting Of the Judi
ciary committee. Senator Chiffon said
that he expected to have a meeting of
the subcommittee very soon.
1T the other four members of the
committee feel as do about the mat.
ter. a report will be made very soon"
he said.
The subcommittee was appointed By
Senator Overman Of North Carolina,
mittee in the absence Of Senator Gull
berson Of Texas. the chairman, whose
health has kept him from the Senate
30 far this session Of Congress.