The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-06-02
SENATE CONFIRMS
BRANDEIS, At TO %
Newlands Is Only Democrat
Against Him-Three Re-
publicans Vote Yes.
ACTION TAKEN IN SECRET
a Great Misfortune" Says
the Minority Report on the
Appointment.
ACTION TAKEN IN SECRET

NhsHINVTOS, Juns 1-N itnln ten
minutes after the senate went into Sc
cret session Louis u. Brandeis was con-
hrmed to-day as an Associate Justice
OF the Supreme Court The vote was ~
TO %. Three Republicans voted for him
and two were paired in his favor.
The only Democrat who voted to re-
ject the nomination was Senator New =
lands OF NevaIa. The Senate ordered
the vote and the majority and minority
reports from the Judiciary Committee.
Under the unanimous consent agree
ment governing ;he proceeding there was
10 be no debate To the surprise Of his
colleagues. however, when his name was
called Mr. Ncwlands made a brief state
ment.
Mr.. Sewlands said that he rega rted
Mr. Brandeis highly as a publicist and q
propagandist. hut he did not believe that
the Boston lawyer had the proper Judi
c!al temperament. and for that reason
he was compelled to cast his vote
against confirmation. OF all the Demo-
cratic members of the chamber suspected
OF being opposed to MIR. Brandeis Mr.
Ne"ands had never been included
Lineup of the Vote.
The vote was cast as follows
For confirmat ion-Democr Ashurst
Bankhead. Beckham. Broussard. Cham
berlaln. Chilton. Culherson. Fletcher,
Gore. Hardwick. Hitchcock. Hollis.
Hughes, llusting. James. Kern. Lane,
Lee 'Maryland). Lea Tennessee
Lewis. Myers. O'Goiman. Overman,
/, nh,la,t
salisbury. Shafroth, sheppard. Shields.
simmons. Smith ,Arizona,. Smith
Georgia., Smith ,Maryland). smith
tSouth CarolnaD. stone. Taggart,
Thomas. Thomnson. Underwood. varda.
ran. Walsh--+i
Republicans - La Toilette. Norris,
Po!ndexter, B.
Total. A..
Against confirmation n-Republcans-
Brady. Brandege.. clark tWyoming) .
Cummins. Curtis. Dillingham;. du Pont,
Fal. Gallircer, Harding, Lippl,t. Lodge.
Nelson, Oliver Page. Smith tMichigan)
Sterling. Sutherland, Townsend, War
rem. Works-21.
Democrats-Newland
Total %
The pairs we-e a, follows. the frst
name mentioned being favorable to con-
lirmaijon:
Marilne with >muJt, johnson tMaine)
with Wordsworth, tlapp Republican,
with Kenyon, Grouna ,Republican) with
Borah, Bryan with Catron, Pomerene
with Weeks. Martin with McCumbcr
Williams with Penrose. Til,man with
Con, Robinson with Burlegh, Swanson
with Jones. johnson ,South Dakota)
with colt: absent and not paired. Clarke
,Arkansasl' sherman and Mclean
total. -.
The minority -epoft Was prepared nv
senator clark Of Wyoming, ranking Re-
publican member The various charges
brought against NJ Brande!s before n.
committee We're rev .ewcd briefly with
special stress being laid upon the evil
dence submitted IN regard To tn. pro-
posed merger of the United Drug com
pany uf MASSACHUSETTS, After submit
ung citations from this evidence the
minority report, signed by the eight Re-
publican members OF the judiciary Com.
mittee. concludes as follows
MIR Blindcis's inconsistent, nosi,ior
as defender OF the public interests and
his practice as an attorney. IN the ona
case dcnouncing such combinations as
Illegal and against the public validity
ana IN the other UNFOLDING their validity
and attempting to defend aud prot.ri
them from suit ny the Department n,
Justice. Is sharply ana clearly presented
BY this transaction
THE facts dpon which our conc,us,,rs
are based are dndispu,.d. They nr.s.n,
a condition that should make tho CON.
frmation Of this man by III. I,ni,aj
States Senate impossible Never h..
fore in the history Of the country has a
man E,I. bee" appointed a Justice of the
whose honest, and intepri,,, y.ar, -.