Evening star., 1938-03-11
GROUP IN SENATE
AFF|RMS ARNOLD
Borah and Burke Refrain
From BaIIoting on
Nominee.
By BLAIR BOLLES.


Thurman w. Arnold today was ap-
proved by Senate Judiciary SUBJ
committee for the post OF Assistant
Attorney General in charge of the
antitrust division Of the Justice De-
partment. after he had defended him
self from the inferences drawn by
Senator Borah, Republican. of Idaho
from his best-selling book, The Folk
lore Of Capitalism"
No dissenting ballot was cast against
the Yale law professor. but Sen
ators Borah and Burke, Democrat, of
Nebraska refrained from voting.
Senators Norris. Independent, Of Ne
braska; Nicely, Democrat, of West Vir-
ginia; Hughes, Democrat, of Delaware.
and O'Mahoney. Democrat, Of Wy
oming. Prof. Arnold's home State.
voted for the nomination.
The full Judiciary Committee will
pass on the nomination within a few
DAYS, and then it will be laid before
the entire Senate.
Says Book q Recital.
While 20 pretty girls from Sarah
Lawrence School, Bronxville, N. Y,
every one an admlrer of Prof. Arnold,
looked on. Senator Borah, who carried
the book under his arm into the
hearing room. said he had gathered
from the work that the professor
thought little of antitrust legislation.
DR.. Arnold. pale and somewhat
nervous when he took his place at
the committee table. set Senator Borah
Alright about his real opinion on anti
trust laws and devoted his energies
to explaining that the book Is factual
recital of what has happened, not
OF how DR.. Arnold feels about things.
Il think the enforcement Of the
antitrust laws should be vigorous and
fair" Prof. Arnold assured Senator
Borah, who asked almost all the ques-
tions put to the witness.
Believes in legislation.
THE antitrust laws" Prof. Arnold
added. have saved us from the cartel
system. Where they fail is in their
application of single standard to dis
similar situations"
DO you believe in breaking up
monopolies?" Senator Borah asked.
"Yes."
you can say. then, that you believe
in the antitrust laws?"
"Yes."
And, as Assistant Attorney General
you would enforce them?"
Eyes, sir"
Then I think you ought to revise
the chapter in your book on the trust
laws"
The girls from Sarah Lawrence.
here to see the Capital. Uttered, and
Senator Burke, Democrat, Of Nebraska
remarked:
Il read the book and found 1t unin-
teresting and dull"
II might have named 1t, The Anato-'
my of Capitalism DR.. Arnold said.
1T is not satire. It is fact"
The whole tenor of the hearing was
good humored and ended with Prof.
Arnolds assuring Senator O'Mahoney
that he was not opposed to the anti
trust laws, to business or to capitalism.
Senator O'Mahoney, in turn, told his
colleagues that Prof. Arnold. former
Mayor of Laramie and member of the
Wyoming Legislature, would make q
very able administrator. Senator
Nicely, Democrat, Of West Virginia,
where Prof. Arnold was dean Of the
State University Law School from 1928
to 1880, gave similar assurances Of
Prof. Arnold's capabilities.
Reasons for Appointment.
Because Attorney General CUMMINGS
was out Of town, Joseph B. keenan,.
his assistant, read . letter from Mr..
Cummings to the committee, listing
four reasons why Prof. Arnold was ap-
pointed:
He Is q successful trial lawyer with
experience, he is . scholar in
law, he knows problems Of government
administration, and Attorney General
Cummings has known him for . num-
Der Of years and Is deeply cognizant
Of his wide abilities.
Nothing amuses Prof. Arnold more
than the idea that his work is
witty book or q satire. And moth
ing astonishes him more than the fact
that book he expected would sell Is
copies week has hit IS high as 1900
. week.
Prof. Arnold, who teaches evidence,
trial judgments and appeals and the
Of judicial institutions ct
Xals Univeeatty Law School anee 1eeo,