Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-01-29
Prediction Freely Made Today
That He Never WIN Be
Confirmed.
MINORITY ALMOST A UNIT
AGAINST HIS NOMINATION
Many Democrats, It Il Said, Also
Oppose Presidents Candidate
for Bench.

The probable action Of the Sem
ate on the nomination Of Louis D.
Brandeis to be an associate justice
of the Supreme Court of the
United States was an all-absorbing
topic at the Capitol today. Pre-
dictions that he would be con-
firmed after a long, hard fight
were made on the one hand, and
on the other positive assertions
were made by some senators that
Mr.. Brandeis never would be con-
frmed. ~
His nomination has first to run the
gauntlet Of the Senate judiciary commit
tee. Monday 1t will be referred to
subcommittee for report. That the
nomination will be delayed in commit
tee for weeks seems probable. unless
the committee should decide almost
Immediately upon an unfavorable re-
port. which is not beyond the bounds
of possibility. it Is said.
Committee Probably Hostile.
The members of the judiciary committee
taken as a whole, are believed to be OPP
posed to the appointment. Whether the
President will find it possible to bring
enough of the democrats into line re-
mains to be seen.
Some of the republican senators said
today that the great majority of their
number would fight the nomination to
the last ditch, and promised filibuster
II his nomination Is persisted in.
when you have practically whole
party in the Senate lined up against
an appointment, even though the party
Is in the minority, it is practically i'm
possible to bring about a confirmation,
said one of the republican members of
the judiciary committee. There will be
q number of democratic senators who
will stand with the republicans through
thick and thin against the confirmation
of Mr.. Brandeis, 1t was said by a demo-
cratic member of the same committee.
Not Question Of Race.
THE fact that Mr. Brandeis is Jew
will help him rather than hinder him.
said this senator. II do not know that
the racial question will be raised at all
in this case, but If it is, Mr.. Brandeis
will be the gamer by it,
Those who are opposing the conflrma-
ton of Mr.. Brandeis recall that the
opposition of many senators to another
appointment of the President, Thomas
D. Jones Of Chicago, as a member of
the federal reserve board, in the last
Congress, was successful and finally re-
suited in the Presidents withdrawing
Mr.. Jones name. although at the time
made, at the request Of Mr.. Jones.
1t Is known, however. that Mr. Jones
could never have been confirmed had
his nomination been kept before the
Senate.
The opposition to Mr. Brandeis has
various angles. In the first place it Is
charged that he 10 not ''temperamental-
serted that the President erred in ap-
pointing another justice from New
England. Mr.. Brandeis being from
Massachusetts. which already has one
son Of Justice Oliver Wendell Holmes.
The democratic senators from the south
are insisting that successor to JUS
tiee Lamar. who was a southerner.
Democrats are bewailing the fact that
the President ignored the middle west
In making the appointment.
Talk Of "Packedo Court.
1t is said that Mr.. Brandeis has taken
part In cases involving many important
questions that are to come before the
Supreme Court in the future and that
he has expressed his views on these
matters freely. II he is confirmed and
ascends the bench. then he will either
be unable to take part in the decision
OF these cases, or else If he sits in these
cases the court may be said to be
packed In the interests of one side
or the other.
While many senators express their
opposition to the appointment few of
them cared to be quoted in regard to
Mr.. Brandeis. Senator wadsworth OF
New York. however, said decidedly that
he was opposed to confirmation Of the
appointment. Senator Smoot of Utah
said that st will be very hot weather
in Washington before the Senate con-
Arms Mr.. Brandeis."
While some of the progressive re-
publican senators are expected to vote
for Mr.. Brandeis. It is by no means
certain that all of them will do so. In
fact, at least one of them has expreas
ed some doubt as to the wisdom of the
choice The attitude of Mr. Brandeis
during the eastern rate case before thA
interstate commerce commission when
Mr.. Bran1eis was employed by the
commission In a measure as counsel
for the people 10 being recalled. The
point was made by state railroad
commissioners from the middle west
and by shippers that the roads were
f0C~1V1u8 eoeQueto returns for their
services. Just at the last Mr.. Bran
reis made an admission to the commits
s1on that he thought the roads were
not getting an adequate return This
a6A9lao3on 10 believed to have had much
- do with the final decision of the
~ eooo, and Mr.. Brandeis' part has
- been forgotten by those who fol-
A1s Backers Not Known.
WAae decided the President to nomi-
~ M Brandsis Is not known at the
9ueesa : II haa been said that Clifford
xaAeAot. former head Of the forest serv-
lsA whose attorney Mr.. Brandeis was
In his famous row with former Secre-
tasy Of the Interior Ballinger. recon-
msndsd him to the President for the
Supreme bench.
That Mr.. Brandeis' record will be gone
into by the judiciary committee very
thoroughly goes without saying. I'm
doubtedly . number OF the democrats
-tv tntA