Evening star., 1937-12-05
JUDICIARY GROUP
LIKELY TO ADOPT
EDCERTON REPORT
Full Committee Tomorrow
Expected to Second
Subcommittee.
NOMINEE SAYS REVIEW
is INHERENT IN COURTS
Burke, Van Nuys and Borah Ask
Him if He Is a Member of
Ku Klux Klan.
BY ]. A. O'LEARY.

The Senate Judiciary Committee
will act tomorrow on the nomination
Of Prof. Henry w. Edgerton of New
York to the United States Court of
Appeals for the District of Columbia.
Indications are he will be approved,
since he satisfied special subcom-
mittee yesterday that he upholds the
power of the courts to invalidate acts
OF Congress.
At the same time another subcom-
mittee will be ready to recommend
a favorable report tomorrow on the
appointment of Representative Fred
M. Vinson, Democrat, Of Kentucky
to be an associate justice of the
same court.
Possible opposition to Prof. Edger-
ton faded quickly when he testified
he would have no hesitancy in de-
claring invalid law regarded as un-
constitutional. He went further by
stating he does not look on judicial
review as power the courts have
usurped. Shortly after he had stated
his views to the subcommittee. its
chairman, Senator Burke, Democrat,
of Nebraska, was authorized to make
. favorable report to the full COM
mittee Monday.
The subcommittee called the hear
ing to interrogate the nominee be-
cause of an article he wrote in the
Cornell Law Quarterly of April, which
Chairman Burke said left him in
doubt as to the professors stand on
the judicial reviewing power of the
courts.
Quizzed on Judicial Review.
After Prof. Edgerton had given a
brief account Of his career, Including
service on the faculties of Cornell
and George Washington Universities,
Senator Burke started the eXamina-
ton by asking for his position on
judicial review, or whether he
thought the country would get along
better without such authority.
"Of course, will be glad to an
swer any questions, but I confess it
seems an academic question, since
there is no proposal I know of to
discard judicial supremacy" the
nominee began.
II wouldn't be too sure Of that"
interposed Chairman Burke. Sem
ator Van Nuys, Democrat, of Indiana
then asked the witness if he had been
reading any Of the speeches made
in recent months on the court issue.
Senator Borah, Republican, Of
Idaho, took up the examination by
asking if the professor recognized
the existence of the courts power of
review
Most decidedly so, and legitimately
co." the nominee answered. 1T is
Just as much a part of our system
as any other part I have never
regarded it as in any degree a
usurpation."
Thinks 1t Properly Established.
He indicated he believed ma
1ority of the trainers of the Consti-
tuition intended this power to be a
part of the Government, and said
it had been very properly established
by John Marshall.
"You are not member of the
Ku Klux Klan?" Senator Borah in
quired, bringing back recollections of
the controversy that followed con-
flrmation of Justice Hugo L. Black for
the Supreme Court.
Il am not" Prof. Edgerton re-
piled. i may add that I never have
been"
Chairman Burke then explained
that in analyzing Prof. Edgerton's ar
ticle on judicial review it was not the
thought of the subcommittee to ques-
tion the right of any lawyer to dis
agree with any court decision. The
chairman added that the article con-
tended the perpetuity of the country
did not depend on the. power of the
court to overturn law, and this left
him with an impression the nominee
might at least have an open mind"
on the question of judicial review.
Senator Burke concluded, however, by
telling Prof Edgerton:
Your statement made here fully
and completely satisfies me-"
van NuyS Also COnCurS.
A moment later Senator Van Nuys
said he joined in Chairman Burke's
conclusion. Senator Borah had made
known before the hearing that he did
not construe the Edgerton article as
challenging the power of judicial re-
view.
Prof. Edgerton told the subcommit-
tee he studied and worked in WASH
ington a number of times He was
born in Rush Center, Kans.. 40 years
ago. but while child his parents
moved back to New York State. In
1900 he moved to Washington, Prof
Edgerton said, and attended the Den
nison School, later graduating from
Central High School in 1905. He
continued his studies at the Univer-
sity of Wisconsin, Cornell, the Uni
versity of Paris and Harvard Law
School. ,..
In 1916 he began to teach at Cor
nell. In 1921 he came here as pro-
fessor at George Washington Uni.
versity. remaining for seven years
He later returned to the faculty o1
Cornell, where he has continued tc
serve, except for short period oi
service in the Department of Justice
under the Attorney General
For few days it looked as though
the Edgerton appointment might re.
open Senate controversy over the
court issue, but yesterdays action i.
expected to lead to his confirmation
without further difficulty.
Still awaiting confirmation is the
reappointment of Judge John p. Nc.
Mahon for another term on the bench
Of Police Court.
12 Q00 00l TAlAprams IN Ra;nh