Evening star., 1939-02-08

JcJcCtLOW " WI. NOOcILS yW u
Federal judgeship:
February I.
My Dear Judge Roberts:
I feel that in justice to you and
your family I should write to you In
regard to the refusal of the Senate
to confirm your appointment as
United States district judge for the
Western District of Virginia.
First of all, I tender you my
thanks for the honorable, efficient,
and in every way praiseworthy
service that you have rendered to
the people of the United States in
general and to the people of the
Western District of Virginia in
particular.
Second, I wish it known that not
one single person who has opposed
your confirmation, has lifted his
voice in any shape, manner or form
against your personal integrity and
ability.
In order that you may know the
full history of what has occurred,
take this opportunity to summarize
the story
Glass Wrote Letter.
On March II, 1888, I received q
letter from Senator Glass inclosing
clipping from local Virginia
paper This newspaper article. quot
ing an editorial in another local Vir-
ginia paper, made the assumption
that it would henceforth be neces-
sary to receive the backing of Gov
Price of Virginia before any Vir-
giniaS could hope for Federal ap-
pointment.
Senator Glass in his letter asked
If Federal appointments, for which
Senate approval was necessary
would be subjected to the effective
veto of the Governor of Virginia.
To this replied on March 10, ex-
planning to the Senator the differ
ence between the appointive power
which is in the President, and the
power of confirmation, which is in
the Senate. I pointed out to the
Senator that time halloWed courtesy
permits Senators and others to make
recommendations for nomination,
and, at the same time, that every
President has sought information
from any other source deemed ed
visable.
On March 10 Senator Glass wrote
me again, covering his construction
of Article II of the Constitution, and
asking me again as to the accuracy
of the newspaper statement. He
winds up by saying, "the inference is,
of course, that you approve the Of
fensive publication which was the
basis Of my inquiry"
1 replied to this letter from the
Senator on March 81 In a personal
and friendly vein. I stated that
was glad that we seemed to agree
in our construction of the Constitu-
tion. I told him that was not in
the habit of confirming or denying
any newspaper article or editorial.
Obviously If I were to begin that
sort Of thing, would have no spare
time to attend to my executive
duties.
I told the Senator to 20 ahead
as before and make recommenda-
tions; that would give such recon-
mendations every consideration. but
that I would, of course, reserve the
right to get opinions from any other
person I might select. I ended by
asking the Senator to forget the
newspaper article and wished him
a good vacation and expressed the
hope that he would come to see
me on his return.
Received Recommendations.
Subsequent to this date received
a number of recommendation for
the position of United States dis
trict judge for the western district
of Virginia-among them recon-
mendations in behalf of two gentle
men from Senator Glass. I am not
certain whether these recommends
tions were at that time concurred
in by the junior Senator from Vir-
ginia, but this is possible Other
recommendations were received
from citizens of Virginia to a total
number, as I remember it. of five
or six.
The Attorney General was asked
by me to report on these recon-
mendations, paying attention as
usual to the qualifications of each
person suggested. I might add that
your name was on this list but that
at no time, to my knowledge, did
you seek this office of judge
The Attorney General and I held
several conferences with the result
that we concluded that you were
best fitted to fill the judgeship.
AS result, I wrote on July te
both Of the Virginia Senators stat
ing that I had concluded to appoint
you, that number of gentlemen had
been suggested for the place, but
that I believed you to be the best
fitted.
The following day, July 7, re.
ceived a telegram from Senator
Glass stating that he and his col
league would feel obliged to object tt
your appointment as being person
ally Objectionable to them, and that
letter would follow. A few days
later I received a letter from the
Senator stating that he could not
conceive any fair reason why one OF
his candidates had not been ap-
pointed.
1t is worth noting that neither
Senator on July 7 or subsequently
raised any question as to your in
tegrity or ability, and the only OBJ
lection was that you were personally
Objectionable
Not Worth Answering.
In regard to the original news
paper article suggestion that Gov
Price had been given the veto over
Federal appointments, this and
similar stories are, Of course, not
worth answering or bothering about
for the very simple reason that no
person-no Governor, no Senator
no member of the administration has
at any time had, or ever will have,
ony, RIGHT of yyot0 ovor y,roci5opfio q