Evening star., 1939-01-07

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plishing the principal Objective
OF the court plan.
BY JOHN c. HENRY.
Prof. Felix Frankfurter Of the
Harvard Law School, who was nomi-
mated to the Supreme Court Thurs
day by President Roosevelt, has been
invited to appear next week before
the Senate Judiciary Subcommittee
considering the nomination.
The invitation was dispatched by
telegraph today by Chairman Neely
after an executive session, in which
it was decided to hold open hear
ings on the nomination Tuesday
morning.
Senator Nicely said that, although
Prof. Frankfurter was being asked
to attend the hearing, he would be
given the choice of being represent
ed by counsel. The invitation to
the appointee was for time at his
convenience"
Two to Protest.
Chairman Nicely disclosed that re-
quests for opportunity to be heard
on the appointment had been re-
ceived from George E. Sullivan and
Col. Wade H. Cooper, Washington
attorneys; John B. Snow of the
League for Constitutional Govern
ment, H. A. Walsh of the Commit
tee for Defense of Americans Con-
stitutional Rights and Mrs. Charles
Feehan of the Massachusetts Wom-
ems Constitutional League.
Mr.. Sullivan and Mr.. Cooper said
they represented themselves only
and intended to protest the appoint
ment.
The subcommittee decision to
hold hearings was made at the sue-
gestion of Senator King, Democrat,
OF Utah in brief open session be-
fore the committee went behind
closed doors. The Utah Senator
pointed out that if the requests for
appearance were being made in good
faith, he felt that democratic pro-
cedure made it advisable that they
should be given consideration.
Faces Court Bill Quizzinx.
The members of the subcom-
mittee, in addition to Chairman
Nicely and Senator King, are Sena-
tors McCarran, Nevada; Connally,
Texas, and Hughes, Delaware, Demo-
Gratis; Borah, Idaho; Austin, Ver-
mont, and McNary, Oregon, Re-
publicans. and Norris, Independent,
of Nebraska.
Some of the subcommittee mem
bers expressed desire to question
Prof. Frankfurter, saying privately
they probably would ask his attitude
toward the Presidents court re-
organization bill rejected by the
Senate in 1887.
Senator Norris, a stanch sup
porter of the appointee, told re-
porters he had no objection to a
hearing on Prof. Frankfurter's quail
fications for the bench.
Little Opposition Expected.
The full Judiciary Committee can
not meet before January Is, it was
explained today by Chairman Ash
urst, and Senate action must await
it's disposition of the Frankfurter
nomination.
Comments by friends and foes Of
the administration indicated the ap-
pointment would meet no major
opposition, although some Senators
continued to express disappointment
that Westerner had not been
chosen.
Some Republicans and conserva- =
tive Democrats said they would have
plenty to say, however, about both
the appointment of Frank Murphy
as Attorney General and the selec-
ton of Harry L. Hopkins, former
w. P. A. administrator, to be Sec
retary of Commerce. Most of them
conceded, however, that both ap-
pointments would be confirmed
ultimately.
Senator Bailey, Democrat, of North
SdAo AACWAy Ay-OColsAldtCoS SAlduuldll
Of the Commerce Committee, called
a meeting for 3 pm. Monday to con-
slider the Hopkins appointment.
I Clark Faces Questioning.
He said he would leave to the COM
mite the question Of whether hear
ings should be conducted, and would
reserve judgment on Mr.. Hopkins
qualifications until the evidence is
In"
Senator Bailey remarked, however: !:
Il hope Mr.. Hopkins in his new
job will make some discoveries about
commerce and business, because he
has spent his life on other matters. !"
Some opposition developed TO
President Roosevelt's selection of
Charles E. Clark, Yale law dean, to
be a Judge OF the Second Circuit
Court Of Appeals.
Senator King said it was his recol-
lection that Dean Clark was the only
law school head to testify In defense
of the Presidents court reorganiza-
ton proposal, which Congress
shelved.
Murphy to Get Hearing.
II want to know whether he has
had judicial experience or is just
q professor" Senator King said. II
have grave doubts as to his qualiti-
; cations, and unless he makes q
better showing than his testimony
on the court bill indicates, I shall
vote against confirmation"
Senator Logan, Democrat, Of Ken.
lucky, chairman of the Judiciary
Subcommittee to consider the nomi.
nation of Mr.. Murphy, said he
. would confer with the group early
. next week on time Of meeting.
Senator Logan said q public hear
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