The Bismarck tribune., 1937-08-13
MOVE TO HOLD UP
| ACTION REJECTED
| BY subcommittee
AI Members But One Vote in
Favor of Presidents High
Court Nominee
ELIGIBILITY QUESTIONED
attorney General Rules Ala
bama Senator'S Appoint
ment Would Be Legal

NAsbsS O~ss~eos
ment Would Be Legal
washington, Aug. 13-R)-A senate
judiciary committee swiftly approved
Friday the nomination Of Senator
Black d., Ala.) to the supreme court
It acted only minutes after Presi-
dent Roosevelt told press confer
ence Attorney General Cummings
had informed him that 1t was perfect
" legal and constitutional to appoint
Black of Alabama to the supreme
ccurt.
The judiciary subcommittee Of six
members voted to report Blacks
domination favorably, after rejecting
! move by Senator Austin R., Vt.)
to hold up action pending study Of
legal questions involved.
All members Of the subcommittee
Except Austin voted for approval Of
the nomination and rejection Of the
New Englander's proposal for delay.
Chairman Ashurst (Dem., Ariz),
announced later the full judiciary
committee would meet Monday when
presumably It will receive the sub
committees report.
Ashurst predicted the senate would
confirm the nomination by Thursday
of next week.
Some details Of the secrecy in which
Blacks name was sent to the senate
were brought out at the presidents
conference with newsmen.
Declines to Enlarge
Asked when he decided to nominate
Senator Black, Mr.. Roosevelt said he
could not disclose when he made de-
cisionS.
Responding to further questioning,
he said he wrote Blacks name on the
domination certificate with his own
hand and told only Black about 1t In
advance Of its going to the senate.
When asked II his press secretary,
Stephen T. Early, knew about 1t
hhead Of time, the president laughed
md explained his tardiness In receiv-
Ing the newspapermen Friday was
due to his and Early's apologizing to
bach other on that score.
At the senate committe hearing,
Austin questioned Blacks eligibility
under the recent act Of congress pro-
Fiding for retirement Of supreme court
Justices at full pay. He suggested 1t
might make any member Of con-
Bress ineligible either on the basis Of
freating new office or Of increasing
The emoluments Of the office.
Questions Of his eligibility had been
raised from the first by some senators
who. like Austin. cited hts member
ship in the senate during action on
the supreme court retirement bill.
Opinion Given Informally
It was to answer these that tho
President made known the opinion
expressed to him informally by the
attorney general.
The subcommittee in effect, voted
TO report Blacks nomination favor
ably to the full committee.
Chairman Neely Dem., w. Va, Of
the subcommittee immediately tried
to get In touch with Chairman Ash
urst Dem., Ariz.), Of the full COM
1nittee, to call . meeting Of that group
either Friday afternoon or Saturday
to act on Blacks nomination.
Regarding the question OF Blacks
appointment under the constitution.
Nicely held 1t was not the duty Of the
fub-committee to "construe the
constitution"
Senator Borah (Rep., Idaho), an
nounced he was voting for confirms
ton Of Black on the basis Of his per-
sonal fitness for the office, and with
out regard to the constitutional ques-
tions. He reserved the right to raise
them later.
The motion to report the nomina-
lion without further delay was made
by Senator Dieterich d. D.-Ill0, after
The committee had discussed tech.
nlcal questions for almost m hour
m open session attended by al six
members Of the subcommittee, . couple
oi outside senator's, and q small group
pf spectators.
No Truth In Reports
The president said there was no
truth In reports that he was going
20 press for . constitutional amend
nent on supreme court reorgantza-
|tion.
The president disclosed the attorney
generals views on the Black nomi-
patton It press conference which
PECAN simultaneously with the meet
Png on Capitol Hill Of the senate ju-
dlciary subcommittee named to con-
slider the selection.
| The president said Cummings opin-
Ion on Black had been given to him
informally and verbally.
He did not elaborate his remarks
Pbout denying reports that he would
eubmit constitutional amendment
FOR increasing the size Of the supreme
court.
The presidents original court bill.
which would have authorized him to
pane as many as six additional JUS.
Ices, was shelved by the senate last
month.
ITALIAN SOLDIERS MANEUvER
nA1