The Washington herald., 1922-12-09
Senator elect Shipstead, Minn.,
Argues Attorneys Unfitness
for Supreme Court Bench
CITES YELLOW DOG FUND.-
Harding's Nominee, "BIind to
Public Interest,"" Lacks
Judicial Mind, He Says.
BY Universal Service.

Hearings before the Senate Ju-
dietary subcommittee on the NOM
nation of Pierce Butler, st. Paul
attorney, to be Supreme Court
Justice, were begun yesterday be-
hind closed doors. Senator-elect
Shipstead of Minnesota appeared
before the committee with formal
series of charges against Butler.
He requested the committee to
subpoena witnesses and to set a
date for a full investigation.
The subcommittee adjourned
to next Wednesday, when Senator
Nelson, the chairman, will an
nounee whether the witnesses will
be heard.
SHIPSTEAD'S CHARGES.
Shipstead's charges are:
1. That Butler for a long time
has been counsel for various
corporations and is so imbued
with the viewpoint of these corpo-
rations' and so blind to the pub
lie interest that he would be un-
able to act with unbiased mind"
rs a member of the court.
.. That by reason of his em-
ployment as counsel for the as
sociated railways of the United
States. he is disqualified to sit
on a large number of cases which
will come before the court in the
next few years.
8. That he is now engaged as
counsel in preventing the City of
Minneapolis from obtaining access
TO the records and bank accounts
of the Twin City Rapid Transit e
Company. for the purpose OF
checking the notorious yellow
Dog Fund" which is alleged to
have been used for corrupt pur-
poses in securing special privileges
from the legislature and city
council.
LACKS JUDICIAL MIND"
4. That Buffers record as a
member of the Board of Regents
of the University of Minnesota
have demonstrated that he is not
judicial in mind but on the con-
trary in the only cases in which
be has sat in a non-judicial ca
pacity he has been swayed by
prejudice and has ignored the
most fundamental principles of
Justice.
Shipstead named as witnesses
whom he desired to have summoned.
DR. Delos F. Wilcox. Elmhurst, n.
Y: Prof. Stanley Rypins. Minneapo-
lis; Prof Gerhard Dietrichsen, Uni
versity of Illinois: Max Lowenthal.
New York City: Prof. Felix Frank
furter, Harvard University. and
Prof William A. Schaper, Mime
apolis.
of the United States Steel Trust.
to the Supreme Bench would be no
more unfitting, Shipstead declares.
than the appointment of Butler.
CITES yellow DOG FUND"
In the matter of the proceedings
involving the yellow Dog Fund.-"
shipstead cited a report made by
Delos F. Wilcox. an expert EN-
ployed by the city of Minneapolis
In connection with its valuation.
proceedings. The report. says the
brief, showed that amounts total
ling s2.04s,59 were devoted by thp
transit company to extraordinary
purposes which required investiga-
tion." The corporations books.
Shipstead alleges, disclosed the pay
ment Of several hundred thousand
dollars, amounting in individual
items to as much as s41 900, to
men of political influence when tle
corporation was seeking special
favors from the legislature and CITY
council.
The transit company, Shipsteads
brief relates. with Mr.. Butler act
Ing as its counsel, has sought by
every artifice ana technicality to
prevent the city from examining
these accounts"