Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-08-16
SENATE UNIT VOTES
BLACK NOMINATION
IS TO 4, AF TER ROW
Opposition to Approval De.
veIops Immediately on
Floor.
MAINE REPUBLICAN
DOUBTS ELIGIBILITY
Bitter Clash of Burke and Dieter.
lch in Committee Is
Reported.
By the Associa ed Press.

The Senate Judiciary Committee
approved the Supreme Court nominal
ton of Senator Black. Democrat. Of
Alabama in a hotly-fought session
today, but opposition to his confrna-
ton Immediately developed on the
Senate floor.
A few minutes after the committee
had voted, 10 to 4. To report the nomi-
nation favorablv Senator White, Re-
publican. of Maine took the floor to
argue that Black was not consrSt1l-
tionslly eligible for appointment to the
court.
The approval was voted after mo-
ton by Senator Austin. Republican. Of
Vermont to delay action had been de-
feated II to 5.
Members of the committee said the
session was one of the livehest in
years.
Clash in Committee.
In the center of the argument. thev
said, were Senators Burke. Demo-
Graf. of Nebraska. and Dieterich.
Democrat, of Illinois, who clashed over
Burkes proposal to summon Black
himself for questioning by the COM
mittee.
Committee members said Dietrich
used such language that Burke rose
from his seat at the table and started
FOR the Illinois member. but Senators
Hatch, Democrat, of New Mexico,
McGill. Democrat, of Kansas. ard Van
Nuvs. Democrat. of Indiana, sitting
between them. stopped him.
After the meeting Burke discounted
! reports of personal bitterness and dis
! played 3 cigar he said Dieterich had
given him as they left the meeting.
Cause of Dispute.
said. when Dieterich condemned. with
out using any ones name, what ne
called an effort to "besmrch" Black
in the newspapers by committee men,
bers. He mentioned specifically stories
attempting to connect the nominee
with certain organizations.
White, in the Senate. commended
that the retirement of Justice Van
Devanter, whom Black would sue
coed. had not created vacancy on
| the high bench, but that new seat
was created by the recent Supreme
Court retirement act.
Black would not be eligible for this
new place. White declared, because 1t
was established while he was in Con-
gress.
Senator Nicely. Democrat, Of West
Virginia, chairman of the subcomm1t-
tee which first considered the nonina-
ton, said the argument during the
committee session was chiefly over
| constitutional questions
Only Two Record Votes.
Only tuo record votes we're held in
the executive session of the commit
tee.
Senator Nicely moved to report the
Black nomination favorably. Senator
Burke moved as a substitute that tbs
committee delay it until 1t could ex-
anime the legal ability of the nominee
The vote rejecting Burkes suhsti-
tute was II to 5, with the committee
lineup as follows:
For the motion-King of Utah Nc
Carran of Nevada and Burke, Demo-
Gratis, and Austin and Steiwer of Ore
gon. Republicans.
Against the motion-Neely. Van
Mugs. Logan of Kentucky. Dieterich.
McGill. Hatch. Pittman OF Nevada.
Connallv of Texas. Hughes of Della
ware and Ashurst of Arizona, Demo-
Gratis, and Borah of Idaho, Republican.
Then Neely's motion for favorable
report was approved, Is to 4, With the
following lineup:
For-Neely. McCsrran, Van Nuys.
Logan, Dieterich, McGill, Hatch, Pitt
man, Connally. O'Mahoney. Hughes.
Borah and Ashurst.
Administering. Burke. Austin and
SteiWer
Just before the committee met, Sen
ator Burke, Democrat. of Nebraska had
announced he would demand that
Black be questioned about his qualif1-
cations for the Supreme Court
Senator Austin. Republican. of YER
mont said he would support Burkes
demand. Both said they we're not
concerned with reports that Black
once ran with Ku Klux Khan support.
Senator McCarran. Democrat, of Ne
vada also indicated. rs he entered
the committee session, that he would
vote for hearings. --,--
Copeland Hits Choice.
Meanwhile, in New York Senator
Copeland, Democrat. of New York
described President Roosevelt's nomi-
nation Of Senator Black for the Su-
preme Court as an insult to the
American people"
Copeland, candidate for the New
York mayoralty, issued the following
statement at his campaign head
quarters in the Hotel Aston
Simply stated by position Is this:
Religious and social freedom is the
fundamental principle Of the Ameri-
can Government. No man who wss
directly or indirectly connected with
the Ku Klux Khan or was the bene-
ficiary of its sympathy or support is
fit for place in any impartial
tribunal and certainly not for place
on the Supreme Court bench.
Il regard Senator Blacks nominal
ton as an insult to the American