Evening star., 1937-08-02
Court

Continued From First Page)
heretofore been introduced in the
Senate or may hereafter be introduced
therein during the Seveny-fifth Con-
gress"
Status of Appointment.
The White House was anxious to
make it clear that in the event Of the
President making a selection while
Congress Is in session, the appoint
ment would be in the form OF a
nomination" In the event Congress
is not in session. however, the Presi-
dent would make what is known as
a recess appointment" and would not
send the nomination to the Senate
until Congress had reconvened
The President sought unofficial
opinion on this subject from the Attor-
ney General week or so ago. so as
TO clear up some doubts which have
been expressed in various quarters
about the legality Of appointment to
the court after Congress adjourns. So
as tc satisfy his own mind on the
subject and to make sure that he was
complying with the law, the Presi-
dent had the Attorney General study
all the law on the subject as we'll as
review the precedents. Therefore, the
Attorney Generals opinion deals with
both the law and with precedent.
Senator King, Democrat. of Utah,
an opponent Of the Roosevelt court
bill, said in commenting on the Cum
mings ruling, he regretted the Presi-
dent didn't send the name in so
We could pass on it and the ap-
pointee could get acquainted with his
duties and ready to take over the
| office in October"
Senator Connally, Democrat. of
Texas, another court bill foe, said,
The President has the power to
make a recess appointment" but, "of
course. the nomination must be sub
mitted to the Senate at its next ses-
sion to secure its consent"
Chairman AShurSt said the Attor-
ney Generals opinion was good law"
bdu oaoCN Oilot NiSC llldl NOulu
not take his seat ION the courD
until confirmed by the Senate"
Senator Burke. Democrat, of Ne
braska, one Of the leading court bill
foes, said that If an appointee to the
Supreme Court took his. seat before
being confirmed by the Senate, he
(Burke) would consider 1t sufficient
grounds to vote against confirmation
of the justice.
Il think it is very serious mistake
to let this session adjourn sine die
without filling the vacancy Burke
said. I'm not at all sure that the
Attorney Generals opinion is correct.
I am making a thorough study Of the
question myself"
Many Senators, including Demo-
cratic Leader Barkley and Senator
Clark, Democrat of Missouri, refused
to comment on the Attorney Generals
opinion.
Senator Borah said "The Attorney
General had ample precedent for say
ing what he says and l do not criticize
the Attorney General in the light Ct
precedents.
But do say" Borah added, that
the precedents grew out of political
exigencies and are In, conflict with the
plain. simple and unmistakable Ian
guage Of the Constitution"
Senator Walsh. Democrat, of Massa-
chusetts, said, If the President could
decide upon choice he ought to name
him before We adjourn"
Murphy Is Mentioned.
The fact that Gov. Frank Murphy
of Michigan was the Presidents guest
on his weekend cruise aboard the
presidential yacht Potomac has given
rise to some speculation to the effect
that the Michigan executive should
be looked upon as possibility in con-
nection with the filling of Justice Van
Devanter's seat.
Members Of the presidential sec
retariat, however, have intimated
that there is no ground for such
speculation.
Gov. Murphy was an overnight
guest at the White House and did
not leave for his home in Detroit
until after breakfast this morning
Would Bar Injunctions.
The Judiciary Committee also rec
commended bill by Senator Bone
Democrat, of Washington to prevent
Federal court injunctions from holding
up collection Of taxes by States, cities
or counties If there was an adequate
and speedy remedy at law in State
courts.
Senator Connally said that under
present laws an individual must pay
his taxes and sue for a recovery, but
that foreign corporations, doing busi-
ness in State, now 60 into Federal
courts and get injunctions excusing
them from paying.
Returns From Yacht Cruise.
The President returned to Wash
ington late yesterday afternoon from
his week end cruise. Guests, besides
Gov. Murphy, were Miss Josephine
Roche, Assistant Secretary Of the
Treasury: Senator Green Of Rhode
Island aud Secretary Of Interior lckek