Evening star., 1939-02-10

President RooSeUeltS nomination
of Judge Floyd H. Roberts due
to opposition led by Senators
Glass and Byrd OF Virginia. Uho
said the appointment Was per
sonally obnoTious." The Senate
tolloWed the committee, u to 9.
Mr.. Roosevelt in letter to
Judge Roberts rebuked the Sen
ate for Uetoing presidential ap-
pointment. Senator Glass issued
tart reply.
By the Associated Press.
A prolonged struggle between
President Roosevelt and the Senate
over the politically-vita question
of Federal appointments was indi-
Gated today by controversies over
new nominations.
The Chief Executive has en-
countered Senate displeasure over
his selections of half a dozen i'm
portant officials. A clamor of criti-
cism among opposition Senators has
reached the highest pitch since the
court reorganization issue two years
ago.
One nomination-that of Floyd H.
Roberts to be a Federal judge in
Virginia-already has been rejected.
72 TO 9. The President was bluntly
critical of the action, taken after
Senators Glass and Byrd, Virginia
Democrats, had termed the nomina-
ton personally offensive"
Following up charge by Sem
ator Glass that Mr.. Roosevelt was
seeking to purge" the two Virginia
Senators, Mr.. Byrd said last night
the judgeship appointment had been
made "a vehicle to carry out
political purpose of retaliation
Power Held Joint.
Referring to the constitutional
provision authorizing the President
to make certain appointments "by
and with the advice and consent Of
the Senate" Mr. Byrd said:
1T is we'll to recall that the power
Of appointment to such Offices as
district judge is joint power
divided equally between the Presi-
dent and the Senate"
Senator Thomas, Democrat, OF
Utah, usually strong supporter of
the administration, told the Senate
yesterday the rejection of Judge
Roberts was not a conflict between
the President and the Virginia Sem
ators. Constitutional provisions, he
said, make it dangerous" for the
President to act without consulting
Senators.
Republicans planned conference
soon on the nomination OF Thomas
r. Amlie, Wisconsin Progressive, to
the Interstate Commerce Commis-
sion. The nomination is pending be-
fore subcommittee.
Alldredge Appointment Hit.
Another I. C. C. nomination yes
terday-that of j. Haden Alldredge
of Alabama-dreW prompt objection
from J. G.. Luhrsen, executive secre-
tary of the Railway Labor Execu-
tive's Association Mr.. Luhrsen eX-
pressed disappointment that Frank
McManamy. whose seat Mr.. ALL
dredge would take, was not reap
pointed.
Confirmation of James v. Alfred
to be a Southern Texas Federal
judge was blocked yesterday by Sen
ator King, Democrat. of Utah, who
said the former Texas Governor
would be a "carpet-bagger' judge.
Mr.. Alfred is not a resident of the
district, Senator King explained, and
did not have the Endorsement of the
Texas Democratic Senators-Shep-
pard and Connally. They are not
expected to oppose Mr. Alfred, how
ever, and his eventual confirmation
is taken as matter of course.
recommendations of two pro-ad-
ministration Senators Guffey,
Democrat, of Pennsylvania and
Donahey, Democrat, of Ohio-Were
rejected by Mr.. Roosevelt in his ap-
pointment yesterday of two circuit
justices. Both Senators said, how
ever, that they would 60 along with
the Presidents nominees.
Biddle and Arant Named.
Mr.. Roosevelt appointed Francis
Biddle of Philadelphia to the Third
Circuit Court of Appeals. Senator
Guffey had recommended Common
Pleas Judge Michael A. Musmanno,
who had the support of John l..
Lewis of the c. l. o. Herschel w.
Arant of Ohio State University was
named to the Sixth Circuit Court.
In some quarters the Biddle ap-
pointment was regarded as rebuff
for Mr.. Lewis, the G. I. o. chair
man, and Thomas Kennedy, former
Lieutenant Governor of Pennsyl-
(See APPOINTMENTS, Page AID