Evening star., 1943-03-25

ments and much to the surprise OF
his older colleagues he got look at
them. The result was disclosures
which caused the committee to re-
fuse q favorable report Of the ALL
red nomination by tie vote, 8 to 9,
and to send the Chandler nomina-
ton, previously approved, back to .
subcommittee for further investiga-
ton.
The fight over Mr.. Alfred has re-
volved around a charge that he was
named by President Roosevelt to
fill D. vacancy In the Fifth Circuit
Court Of Appeals in payment Of a
political debt. Mr. Alfred resigned
district judgeship, to which he
previously had been named by the
President, to become q candidate In
opposition to Senator w. Lee pass
the Biscuits. Pappy) ODaniel, whom
New Dealers wanted to purge. Sem
ator ODaniel charged that selec-
ton OF Mr.. Alfred for the circuit
1udgeship was in fulfillment Of
promise by the President that II he
was defeated for Senator he would
be returned to the bench. Attorney
General Francis Biddle vigorously
denied that there was anything IN
the records pertaining to the Alfred
case to sustain this implication.
Senator Ferguson's examination
Of the Justice Department hles
failed to settle this particular ar
gument. In fact, 1t found nothing
remotely bearing on 1t. But 1t did
hook together q sequence Of cir
cumstances establishing that the
Roosevelt Alfred relationship was
particularly political and personal.
Intentions Announced.
First Of all the President an
nounced his intention to name Mr..
Alfred to a Federal judgeship from
the back platform Of \ campaign
train in Texas, In 1898, when Mr..
Alfred still had several months to
serve as Governor Of the State.
What Senator Ferguson discovered
on this phase was that the Justice
Department had no records at all
respecting it.
The lone-established practice Of
Presidents has been to refer Judi
cial appointments to the Attorney
General with orders to consult Sem
ators from the States concerned
and have the FBI investigate pros
pective nominees.
This procedure was not followed
In the Alfred case for the obvious
reason that Mr.. Roosevelt already
had committed himself. Senator
ODaniel asserts that the inspira-
ton Of this onhand selection was
Gov. Allred's appointment previously
Of Elliot Roosevelt, son Of the Presi-
dent, to the highly honorary post
Of regent OF Texas A. and M. UNI
versity.
The first reference to the Texas
judgeship. found by Senator Fergu-
son in the department files was q
letter from Senator Connally to the
President stating that "in response
to your request (the President's)"
he was submitting 4 list OF eligible
candidates for 1t.
Written In Heat Of Battle,
This letter was written in the heat
OF the Allred-ODaniel senatorial
battle in 1912. when the ODanielites
were bearing heavily on the charge
that, while Mr.. Alfred had resigned
his judgeship, 1t was being held
open for his reinstatement If he were
defeated at the polls. The Connally
letter disclosed that the President,
in face of this situation, had asked
submission quickly of a list OF
eligible candidates for the vacant
judgeship. Senator Connally replied
with a panel Of names. The Presi-
dent picked one Of these-Allen B.
Hannay-and hurried his nomina-
ton to the Senate, In time to obviats
damage to Mr.. Allreds candidacy,
arising from talk Of . political deal
between him and the President.
This action removed any posi-.
biIty OF returning Mr.. Alfred to his
former bench. but the death OF
Judge Rufus Foster on the day after
the August 70 final Democratic
primary In Texas fortuitously Gre
ated the pending vacancy In the
higher Court Of Appeals.
Judge Foster hailed from Louisi-
ana and his death left that Stat.
the only one in the circuit without
representation on the court.
Initial Report Recalled.
Committeeman who considered
the Chandler nomination for an
Oklahoma district judgeship have
refused to disclose why their initial
report favoring 1t was recalled, ex.
cept to say that this action WAS
caused by Senator Ferguson and
based on what he found In the JUS
tice Department nles. Senator Fer.
guson and Senator Lanser Of North
Dakota were the only members who
voted against Mr.. Chandler. It was
when these two threatened to f,le
a minority report, based on the de-
partment record. that 1t was decided
TO send the nomination back to sub.
committee.
The conclusion Of Senator Fergu-
son Is that If one look behind the
administration scenes can produce
these startling results, 1t would be
well Tor the Senate to take the Same
look resnectins All <,,+,,-. ....,.,.,