Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-10
MITCHELL SCORES
SCHALL IN SPEECH
Attorney General, at st. Paul,
Praises All Nominations
Made by Hoover.
BY the Associated Press.

By the Associated Press
ST. PAUL. Mimi, July 10.-Attorney
General Mitchell returned to his home
State t-day to prise the manner in
which President Hoover has dealt with
the Senate in making 48 Republican
and 10 Democratic appointments to the
Feaeral judiciary.
In an address before the annual meet
ing of the Minnesota State Bar Asso-
cation, he made no direct mention OF
the bitter controversy between himself
and Senator Schall, Republican, Mime
sofa, over the appointment of a Federal
judge in that State.
Indirectly, however the only Demo-
cratic cabinet officer criticised the blind
Senator for his opposition 10 the adj
ministrs ton.
Speaks in Third Person.
During last Winters word battle,
Schall issued numerous statements at
lacking Mitchell personally and urging
the appointment OF Ernest A. Michel to
the vacant judicial post. The Attorney
General replied publicly that Schall
sought to pay a political debt by his in
dorsement. President Hoover finally en-
tered the argument, backing Mitchell
in naming Gunnar II. Nordbye for the
position.
IF a Senator from a State in which
district judge Is to be appointed"
Mitchell said today, suggests the name
of enc man and insists on his selection
for months after being advised that he
is not to be appointed, and the Senator,
though invited to do so. refuses to make
other suggestions. and the President
himself then informally submits to the
Senator list which the Senator re-
fuses to consider. a nomination then
made without the Senator's advance
approval raises no real issue as to the
functions or privileges of Senators and
does not present any question of So
called senatorial courtesy"
Says Tradition Is Satisfied.
The Attorney General continued
speaking in the third person, asserting
the President in this case had salts
fed all tradition" He said that short
Of Indicating entirely his constitutional
powers" Mr.. Hoover could do no less
than make the appointment he did.
In such a case" he said, where the
President has shown the utmost pa
thence and consideration. with the Sen
ate about to adjourn and q selection
by the President made and ready for
nomination, last-minute attempt of
the Senator to get back on more solid
ground by hurriedly presenting list
of his own the consideration of which
would defer the nomination to the next
session, cannot alter the situation"
Traces Appointment History.
Mitchell made no further reference
to the incident which attracted Nation
wide attention and caused considerable
Dolitical ejaculation
Quoting literally from the Constitu-
ton and from history, the Attorney
General traced the system of judicial
appointments He said that legally the
President was not required to consult
the Senate in making a nomination and
that the advice and consent of the
Senate" applied to the appointment and
not the nomination.
He quoted President Roosevelt as say
ing that "of course. the common sense
way is to confer together and try to
come to an agreement"
Sees Issue Lacking.
During this administration" Mitchell
said. there has not been, and so far as
1 can see there is not likely to be, any
issue between the Executive and the
Senate as to their respective functions
in the matter Of appointment TO judi
cial Office.
The President does not fail In any
case to confer with interested Senators
in advance of making nominations and
to invite from them suggestions and
recommendations.