Evening star., 1934-02-09
DENIES FEDERAL
ACENTSREPORTED
ON MISS BENTLEY
King Says Department OF
Justice Made No Rec.
concentrations.
WOMAN JUDGE LIKELY
TO GET HEARING SOON
Witnesses Asked to Present Re-
buttal at Testimony
in Writing.

Reports that the Department OF
Justice had submitted a report on
the qualifications of Miss Fay L. Bent
ley to serve as judge of the Juvenile
Court of the District were denied
today by Senator King of Utah.
Senator King issued the denial upon
resumption of the hearings before a
subcommittee of the Senate Judiciary
Committee on Miss Bentley's appoint
uent to succeed Judge Kathryn Sell
ers. His statement was provoked by
q reference of one witness. AmaSa M.
Holcombe. to a Department of Justice
report on the case.
Denies Recommendations.
1.-THE Department of Justice Sem
etor King responded, has made no
recommendations in this case"
Holcombe was one Of a group OF
witnesses who indorsed Miss Bentleys S
appointment.
Senator Logan of Kentucky insisted
the subcommittee would have to be
guided in its decision by the qualifica-
tions outlined in the statutes. which
declare the appointee to the Juvenile
Court bench shall be learned in the
law"
"The legal aspects are not a con-
trolling factor" replied Holcombe.
You disagree with Congress them"
interrupted Senator Logan.
No" answered HolcCmbe. Il think
Congress was right and that Miss
Bentley has those qualifications"
Holcombe added that two of his
friends, both justices of the District
Supreme Court. whom he did not
name, had told him they believed Miss
Bentley measured up to the qualifica-
tionS required In the statute.
He said that, while Miss Bentley
may never have practiced before the
courts. he did not believe it was neces-
sary for person to have appeared IN
court to be a good lawyer.
THAT is not a test of a lawyers
ability" he declared. Some of Wash
ington's best lawyers never appear in
court
You want to disregard the qualif1-
cations of Congress and set up quail
fications of your own" interposed Sem
ator Logan. What this committee
is trying to find out is whether Miss
Bentley meets the qualifications pre-
scribed in the statute. All you are
telling us is just vords-words ard
words"
Il don't want to be drawn into an
Lo1oo,,opc roy,1iod ct
here because I have certain facts With
respect to Miss Bentley's work in the
school system and not to argue the
legal aspects OF this case"
Law Qualification Urged.
Harry T Whelan, an attorney, told
the subcommittee he though the
candidate for the position of Juvenile
Court Judge should be qualified in law
as we'll as in practical experience be-
fore the bar.
Applying the law is of utmost i'm
portance," Whelan said. 1T is OF
vital importance that the question OF
q persons liberty be placed in the
hands of a Judge who has legal skill
and ability"
Senator Norris of Nebraska. the
third member of the subcommittee.
and Whelan, then became involved
in a discussion over the differences
in opinion among lawyers on legal
questions.
Senator Norris said often two able
lawyers could not agree on questions
of constitutional law. But, he added
ShO1lld ho
a good lawyer on the bench to settle
these constitutional questions. And l
wonder if a Judge wouldn't be
better judge if he had some knowl-
edge of children. Who doesn't have
some knowledge of law that has gone
through college and has law de-
gree?
L am not arguing that a person
should not be learned in the law
to serve on the Juvenile Court bench.
A person in this position should have
everything that modern science has
discovered about children as well
"The question is what we should
do when We have a person well quail
fed in one respect and not so well
In the other.
I'VE all know persons learned in
the law who are failures as judges"
Godfrey L. Munter, another lawyer.
Endorsed Miss Bentley's appointment.
The Judge of the Juvenile Court
should have sympathetic under
standing of the problems involving
children" he declared, "and Miss
Bentley has those qualifications.
Munter also declared that in his
opinion any person who passes the
District bar examination can meet the
statute requirements of learned in
the law"
Mrs Augusta Spaulding, legal re-
search expert, gave the subcommittee
her own Interpretation Of the words
'learned in the law"
Mrs Louis Gutenberg testified in
support of Miss Bentley's appointment
Mrs. Gutenberg said that when she
was fighting against taxi dance halls
In Washington, it was Miss Bentley
to whom she turned for guidance in
matters of law and procedure.
Urges Qualified witnesses.
Just before the hearing adjourned
mis-. btSllC D. Wii6ioi WIN iiou oP
peared previously in opposition to
Miss Bentley, urged the subcommittee
to require future witnesses to show
that they are taxpayers or parents.
She asserted that there was lobbyist
at the hearing in favor of the nomi-
nation. and that this person did not
know Miss Bentley.
A moment later Richard Hogue,
who had spoken in favor Of Miss
Bentley, took the floor to reply to
Mrs. Wright. He declared that refer
ence by innuendo about lobbying by
0 person who did not know Miss Bent
ley and that while no name had been
mentioned, he said that if the refer
ence was intended to apply to him
It was not true.
After the hearing had adjourned