Evening star., 1938-02-11
JACKSON ACTION
SLIPS ON OIL CASE
Austin lnjects Merits oil
Madison Trial Into
Hearings.
BY JOHN C. HENRY.

Entan2led in the merits of anti
trust law convictions recently re-
turned against 18' oil companies in a
United States court in Madison, Wis,
Senate committee action on the NOM
ination of Robert H. Jackson as So
licitor General headed into an in
definite delay today.
With Mr.. Jackson appearing before
judiciary Subcommittee. the oil
case controversy was introduced by
Senator Austin, Republican, of Ver-
mont. most persistent interrogation of
the nominee, in submitting to the COM
mittee q part of the defense record in
the oil cases. Specifically, the Sen
ator's exhibit WAS q letter written in
1884 from Petroleum Administrator
Ickes to c. E. Arnott Of the N. r. A..
in which Mr.. Ickes suggested efforts
to stabilize the price level" through
"co-operative efforts" of the Oil COM
panies.
Mr.. Arnott. later going into the
service OF one of the defendant oil
companies. produced the latter in the
recent trial in attempting to show
Government approval for the policies
on which the concerns were being
tried.
Allowed in Record
Despite protest by Senator Norris.
Republican, of Nebraska. against
trying the oil cases again. and the
fact that the four members of the
committee apparently were evenly di-
vided on admitting the letter. it A.
nally was allowed to go into the rec
ord. When Senator Austin announced
he would like to turn next to the part
Mr.. Jackson played in the automobile
cases dismissed by Judge Ferdinand
A. Geieer, it was decided the COM
mittee should recess until next Tues
day.
Pointing out the basic conflict be-
tween the antitrust laws and the
national recovery act under which the
Petroleum Administration was func-
tioning, Mr.. Jackson insisted he was
lending his strength to upholding the
former, a non-partisan enactment.
rather than devoting himself to the
New Deal theory.
Not New Laws.
The antitrust laws are not what
consider New Deal legislation" Mr..
jackson said. "They have been on the
books for years and my antitrust views
are very we'll expressed In the Repub-
lican platform declaration against
monopolies."
Under questioning by Chairman
McGill, Mr. Jackson pointed out that
he had nothing to do personally with
selection of jurisdiction for the oil
cases recently decided in favor Of the
Government in Madison.
You'd be lacking in your duty If
you'd go where you knew you would
have an unfriendly judge" Senator
Norris observed to Mr.. Jackson.
There's nothing wrong about picking
the most favorable forum when you
can"
The witness admitted he did shop
around" whenever such privilege
was available.
DO you favor conducting these
cases in such way as to give the
courts the impression they ought to
do what the Government wants in
Washington" Senator Austin In
quired.
I'VE 70 to them and tell them what
we want" Mr.. Jackson replied, but
it is the function of the judiciary to
decide"
Won't BE Moved.
IF it is true that Mr.. Jackson is so
,mbued with the New Deal philosophy
that he goes around the country seek
ING q forum where it will be upheld,
there is grave question whether he
should be confirmed as Solicitor Gen.
eral," Senator Austin remarked.
DO you feel he should select TO-
rum that would reflect your ideas
and no others?" Senator Dieterich,
Democrat, of Illinois asked of Sen
ator Austin.
Not at ALL" the Vermonter replied,
"and I'm not going to be moved from
my position by this type Of argu-
ment."