Evening star. [volume] (Washington, D.C.) 1854-1972, 1939-02-02
Senate Will Uphold
Roberts Rejection,
Critics Declare
Glass, Byrd Protests
Block Confirmation
By Judiciary Group
By the Associated Press.

BY the Associated Press.
Administration critics declared to.
day the Senate would support it.
Judiciary Committee in disapprov-
Ing appointment of Judge Floyd H
Roberts to be Federal Judge ir
Virginia.
Before the committee voted Is tc
8 yesterday to recommend rejection
OF Judge Roberts, Senator Glass
Democrat, of Virginia, had attacked
his selection as personally often
sive' and Senator Byrd, Democrat
of Virginia, had called it personally
obnoxious"
Senator favoring Judge Roberts
confirmation were Ashurst of Ari-
iona and Nicely of West Virginia,
Democrats, and Norris of Nebraska,
independent.
Chairman Ashurst said it was the
first time since 1918 that a presi-
dental appointee had been so Wig
orously opposed by both Senators
from the State involved.
Fitness Not Questioned.
Other veterans said they could
not recall any instance in recent
years in which a nomination had
been confirmed over the protest of
both Senators.
The Roberts controversy, bristling
with political potentialities, reached
climax in the committee hearing.
In the damned committee room
with Judge Roberts were Gov. James
H. Price of Virginia and former
Cows. E. Lee Trinkle and Westmore-
land Davis, advocates of the ap-
pointment. Senators Byrd and Glass
were seated a short distance away.
The Governors, present and past,
told the committee that Judge Rob-
erts was 'emlnently qualified" to
serve on the Federal bench. Judge
Roberts said that in his "a years as
State judge he had been reversed
by higher court only II times in
criminal cases and in civil cases.
But Senator Glass, speaking for
both himself and Senator Byrd,
bluntly declared there was no issue
over Judge Roberts fitness for the
position or over that of men whom
Senator Byrd and he had recon-
mended.
The issue, he contended, was that
President Roosevelt had delegated
to Gov. Price the veto power over
the United States Senators from
Virginia on nominations" and that
Judge Roberts had become a party
to conspiracy to make that
power effective in the judgeship
case.
The reference to Gov. Price
brought from the Governor a heat
ed denial that he had done more
than tell Joseph B. keenan,. assist
ant to the Attorney General, that
Judge Roberts was qualified for the
Federal bench.
Both Senator Glass and Senator
Byrd have been critical of many
of Mr.. Roosevelt's proposals. Sen
ator Byrd has been leader of the
move to reduce Federal eXpendi-
lures.
1--WE were told through the news
papers," Senator Glass said to the
committee that this nomination
was to be proposed as a rebuke for
the failure of the two Virginia
Senators to vote for the measures
proposed by the President of the
United States"
Personally Obnoxious.
Senator Byrd made but a brief
statement.
TT is my sincere and conscientious
conviction" he asserted, that this
nomination was made for the spe-
cific purpose of being personally Of
fensive and personally obnoxious to
the Senators from Virginia. 1t is
personally offensive and personally
obnoxious"
At the hearing was Representative
Flanagan, Democrat, of Virginia,
who supported Judge Roberts. After
the vote was announced he issued
this statement:
Judge Roberts is clean and able
and, in my opinion, one of the out
standing judges of Virginia. 1t is
indeed unfortunate that he should
be sacrificed to satisfy the political
prejudices of the Virginia Senators.
ITO destroy good man in the
prime of his usefulness is an awful
price to exact to satisfy self-vanity.
I cannot believe the people of Vir-
ginia will approve the course pur-
sued by the Senator'S"
Senators Van Mugs, Democrat, of
Indiana, and King, Democrat, of
Utah, announced soon after the
hearing began they were against the
appointment and asked that a vote
be taken Immediately.