Evening star., 1925-03-13
Vote Is 9 to 7 Against Sub
mitting Name to Senate.
Two Republicans Join
Democrats in Opposition.
ACTION BY UPPER BODY
POSSIBLE LATER TODAY
Open Debate Upon Attorney Gen
eralship Predicted-Borah Call
ed to White House-Legality of
Presidents Course Questioned.
Outcome Problematical.

Outcome Problematlcal.
BY a vote of 9 to 7, the Senate
judiciary committee today reported
adversely the nomination of Charles
B. Warren of Michigan TO be At
. torney General of the United
States.
This is the third time the judiciary
committee has acted on the nomina-
ton, once in the last Congress and
twice during the present special
session of the Senate. The nomina-
tion was reported favorably on the
two previous occasions.
In voting on the nomination the
committee was recorded as follows
Against confirmation, Senator Borah
of Idaho and Senator Norris of
Nebraska, Republicans. and Senators
Overman of North Carolina. Reed
of Missouri. Ashurst of Arizona.
Walsh of Montana, Caraway OF
Arkansas, King of Utah and Neely Of
West Virginia, Democrats. a total of
nine.
Seven Republicans for Him.
For confirmation, Senators Curnmins
of Iowa, Ernst of Kentucky, Spencer
of Missouri, Means of Colorado. Har-
reid of Oklahoma. Deneen of illinois
and Gillett of Massachusetts. Repub-
licans, a total of seven.
Not all of the Senators were present
at the committee meeting, some of
them voting by proxy.
Senator Overman of North Carolina
who previously voted in favor of Mr.
Warren, today was recorded against
him.
Following the meeting of the com
mtttee Senator Cunmins said that the
nomination would be reported to the
Senate today and that the unfavorable
report would be submitted by Senator
Walsh of Montana, an opponent Of
the nomination.
Coolidge fakes Hand.
President Coolidge today threw the
full weight of his personal influence
behind the nomination. He called into
conference at the White House some.
of the Republicans who refused 10
follow their party organization in its
futile effort Tuesday to muster a ma
jority for confirmation.
Senator Borah of Idaho was one of
the disSenters summoned A White
House motor car was sent to bring
him to the Executive Offices Just as
the judiciary committee was meeting
to again take up the nomination. An
other Republican opponent OF con-
frmation consulted by the President
was Senator McMaster of South Da-
kota.
Senator Gillett. Massachusetts. also
was called.
Must Await Pines Vote.
Whether the nomination will be
considered in the Senate today Is n
question. Under the rules a single
objection would force the nomina-
tion to go over until tomorrow. The
Senators are anxious to dispose of
the nomination, however, and it may
be that 1t will be debated this after
noon. 1t cannot come before the
Senate for action until after the Isle
of Pines treaty has been disposed OF.
II was said.
The judiciary committee was IN ses-
sion an hour. Mr.. Warren did not
appear before 1t to state his case, as
1t had been expected from some quar-
ters he would. The question of hear
ing Mr.. Warren did not come before
the committee, it was stated
The legality of President Coolidge's
tion of Mr.. Warren after its rejec-
tion by the Senate Tuesday was
raised, however, and Senator Walsh
of Montana and others discussed this
point at length. The committee did
not pass upon it formally. 1t is un-
derstood, however, that the question
may be debated when the Senate
takes up Mr.. Warren's nomination.
Open Session Predicted.
The nomination of Mr.. Warren was
considered in open session of the SEN
ate when it was taken up and acted
on before. 1t is expected that the
same course will be pursued again
by the Senate when 1t comes up for
consideration.
In view of the vote taken in the
committee, Senators said today 1t
seems that the line for and against
Mr.. Warren had not changed and that
there was little probability of the
nomination being confirmed by the
Senate if it is brought 70 a vote
Opponents Predict Defeat.
Senator'S opposing the nomination
declared that it would be rejected the
second time by a margin of three or
four votes.
Senator Walsh of Montana. who will
submit the majority report, unfavor-
able to Mr.. Warren. said he would
argue that under the rules of the
Senate, after having rejected the
nomination and after having laid on
the table a motion to reconsider that
vote, the Senate could not properly
receive or act upon the nomination
of Mr.. Warren.
He said that there are no prece-
dents in the Senate dealing with such
a situation, since the question, so far
as he could ascertain, had never be-
fore been raised. He recalled that
President Tyler sent the nomination
OF Caleb Cushing to be Secretary of
the Treasury to the Senate three
times in one day, 1T being rejected
j.. each time. He pointed out, however.
: that the question of the right of the
Senate to receive the nomination, or
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