Evening star., 1939-02-08
Glass Is Incensed
By Roosevelt Letter.;
Plans Sharp Reply
individual Senators
Lack Veto Power,
President Says
By the Associated Press.

By the Associated Press.
Senator Glass, Democrat, of Vir-
ginia, drafted a sharp reply today tc
a Presidential letter criticizing Sen
ate rejection of Floyd H. Roberts fol
a Federal judgeship in Virginia.
Friends said Senator Glass was
incensed over the letter. which
President Roosevelt wrote Judge
Roberts yesterday. 1t termed state
ments of Senator Glass untruthful
and declared the Constitution does
not give veto power to one or two
Senators.
Acting on objections by the two
Virginia Senators. the Senate voted
70 to 8, Monday, to reject the
Roberts nomination. Senators Glass
and Byrd, contending their recon-
mendations for the appointment had
been ignored, had argued that Judge
Roberts nomination was person
ally offensive" to them.
Refers to Senatorial courtesy
In his 2,0OO-word letter, Mr.
Roosevelt emphasized that no ques-
ton had been raised of the judges
ability or qualifications and referred
to the 150-year-old custom of Sen
atorial courtesy"
Had the Constitution intended to
give one or two Senators the right
to veto Presidential nominations
MIR. Roosevelt said, 1T would have
said So"
"Or put it another way" he wrote
1T would have vested the nominal
ing power in the Senators from the
State to which the vacancy existed
"On somewhat rare occasions the
Senate, relying on an unWritten rule
of senatorial courtesy, which exists
In no place in the Constitution, has
rejected nominees on the ground of
their being personally obnoxious to
their Senators, thus vesting in in
dividual Senators what amounts In
effect to the power Of nomination y
Promise Charged.
Senator Glass had charged that
Mr.. Roosevelt promised Gov. James
H. Price of Virginia "the right of
veto" over recommendations for ap-
pointments made by the two Virginia
Senators. For this reason, Senator
Glass said, the Justice Department
'never had the slightest idea" of
considering his and Senator Byrd S
recommendations for the judgeship.
Describing the statement as un-
true, the President said he could
excuse Senator Glass remark about
a "veto power" only on the ground
it was made in anger or forget
fulness." He then reviewed the
tangled Virginia patronage situation
since March. 1888.
Senators Glass and Byrd read the
President letter last night, but,
pending a further study, had only
terse comment.
Senator Glass told reporters there
was little in the letter worthy Of
discussion, but said he would make
a reply later-either on the Senate
floor or in a statement.
"You can read the letter in vain y
he said, "for any denial that Price
was given veto over our recon-
mendations."
Senator Byrd's only comment was,
I'VE may have our say later"
Showdown Fight Seen.
Behind the furore over the judge
ship, friends of the two Senators
professed to see a showdown fight
between them and the President in
the 1910 Virginia senatorial race.
Senator Byrd is up for reelection
next year, and there have been re-
ports that Gov. Prices organization
may put forward candidate to op-
pose him for the Democratic NOM
ination. Senator Byrd has been a
vigorous foe Of numerous New Deal
measures.
Senator George, Democrat, of
Georgia, whose defeat Mr.. Roose-
velt sought unsuccessfully last year,
told reporters that where Federal
Office involves only single State,
"the Constitution does not justify
the President in refusing the advice
Of Senators of that particular State
"It is beside the point to talk Of
the constitutional intent" Senator
George said. "The political morals
clearly sustain the Senate in listen
ing first to the advice of the Sena-
tors whose people are directly af-
Fected."