The Caldwell tribune., 1922-12-22
HARDING 7 { ST
Of 8 7 Rem c I H
Is|M P ENDING
Butler A ppoint m e mt
Arouses Keen Opposi-
ton in Senate; Ship
stead Charges Selection
Unwise.
(Wrinten for The Tribune)

innate conversation with men wht
shape the nations destinies in Wash
ington discloses that the anti Harding
forces are jubilant over the nomina
tion of Pierce Butler of St. Paul a.
associate justice of the supreme cour
of the United States. They regare
the nomination as the supreme blund
er of the Harding administration
The appointment of Attorney-Gen
eral Daugherty aroused a good dea
of discomfort Those who quietly op.
posed Daugherty when he was nam.
cd today made no ado about openl,
charging that Harding is saddled
with an administration wrecker ir
Daugherty, just as Taft was with Bal
linger. The II told you SOS" have
found certain pleasure in the welfare
of the encouragement which has
ended in his open arraignment but this
is as nothing compared to their atti-
tude in relation to the supreme court
Anti-Harding men have looked for
some time for an avenue of open and
excusable attack on the activities and
operations of the president. Now they
feel they have found it in what they
are pleased to term principle and
personality" rather than government
al party policy which of course they
feel impelled to safeguard.
Buffers nomination caused a fu-
rore in both house and senate. At
first it aroused indignation, but as
the. nti-Harding men began to ex-
change views irritation changed to
elation until the opposition to the
nomination crystallized into what
the progressive bloc regards as an op-
portunity.
Then, on top of this, came the re-
port, not uncontradicted, that the
much defeated governor OF the state
of New York. N athan L. Miller, also
is being seriously considered for the
supreme court When the rocket was
fired Bvery anuii Fl arding man felt
like a poker player who had drawn
his fourth ace.
Shipstead Says Butler Not Qualified
Openly the opposition to Butler is
being led by Senator-elect Shipstead
OF Minnesota who frankly says his
constituents promise to produce am
pie evidence to show that Butler is
not qualified to sit on the supreme
court bench.
Appearing before Senators Nelson.
Cummins and Walsh of Montana,
Shipstead presented a letter in which
1t was stated that amy attempt at this
time to place on the supreme bench
man biased in favor of corporate
interests will arouse bitter resentment
and criticism.
1t is openly charged that Butler
has been corporation lawyer so
many years and has so frequently
fought to obtain special privileges for
large corporations that he would be
unable as a member of the supreme
court to act with unbiased mind that
he would in his decisions necessarily
and inevitably be influenced by his
past interests associations.
Shipstead contends that the appoint
ment of Judge Gary of the United
States steel corporation would not be
more uniting than the naming Of
Butler.
When asked for pecific incidents
OF corporate activity on the part OF
Butler, Shipstead referred to a report
prepared by Delos F. Wilcox, a New
York accountant based on an exami-
nation of the Twin City Rapid Tran
sit company. This company, Ship
stead said, with Butler acting as its
attorney, used every artifice and tech
nicalfty to prevent examination of its
books by the municipal authorities.
Asked as to the disclosures in the
Wilcox report, Shipstead said that il
showed a yellow dog fund" totaling
several hundred thousand dollars from
which money was paid to various pub
lie. officials and men of great politi
cal influence during the period when
The corporation was seeking special
'avors from the legislature or the
.ity council.
This is not the sum total OF the al
eyed unfitness of Butler for the SUI
RENE court bench. 1t is just an in
ident. Shipstead wants the senator
II Subcommittee to summon witness
$ to fortify his attack and he names
,rec university professors among
lem, namely, Stanley Rypins of the
University of Minnesota, Gerhard |
ietrichsen of the University of Illi-
bis and Felix Frankfurter of Har-