Evening star., 1943-03-05
BiddIe Tells Senators
Alfred Nomination
Is Not Political
Attorney General Accepts
Full Responsibility for
Appointment Of Judge
By the Associated Press

os lne associated Press.
Attorney General Biddle, testifvinp
pe1ore a Senate Judiciary Subcom-
mlttee today in support of the nomi-
nation of former Judge James V
Alfred of Texas for the Fifth Federal
Circuit Court of Appeals, said there
is no foundation whatever" for
rumors that the nomination grew
out OF a political understanding.
He asserted he had recommended
to the President the nomination of
Mr.. Alfred. choosing the Texan in
preference to other candidates for
the judgeship on the basis of his
ability and reputation.
The Attorney General disclosed at
the same time that he previously had
asked a prominent New Orleans
daD lawyer. Monte Lemann. if he
would permit his name to be con-
sldered for the nomination. but that
the Louisianan had refused.
Accepts Responsibility.
Judge Alfred was nominated by
the President on my recommended
ton as Attorney General of the
United States" Mr. Biddle testified.
Il recommended Judge Allred's
appointment because, all things con-
sldered, I though him to be the best
available man for the appointment" ="
Seated across the committee table
from the Attorney General was Mr.
Alfred, who gave up Federal judge
ship-the United States District
Court for the Southern District of
TeXas-last year to make an unsuc-
cessful campaign for the Senate
against the incumbent, Senator
ODaniel. Democrat, of Texas.
Charge Political Deal.
Beside Mr.. Biddle sat Senator
Overton. Democrat, of Louisiana,
who had joined with Senator
Ellender, Democrat of Louisiana in
recommending Judge Archibald T.
Higgins of New Orleans for the
judgeship. On hearing that Mr..
Alfred had been nominated, both
Louisiana Senators issued statements
in opposition and charging that the
Texan had been given the nominal
tion as result of an understanding
with the administration when he
resigned the district judgeship to
run against Senator ODaniel.
Commenting on that, Mr.. Biddle
testified:
This recommendation was made
early in February at a conference
with the President and the nomina-
ton was sent to the Senate a few
days later.
"At no time did I discuss Judge
Alfred with the President prior to
the presentation of my recommended
ton; and at no time did I receive an
indication of the Presidents views
with respect to the vacancy in uues-
tlon-until the day of our discussion
and his approval of my recommended
ton.
Considered Outstanding.
Before making the recommended
ton studied Judge Allreds record
very carefully and l compared it
with the information the Depart
ment Of Justice had on the other
candidates.
Il finally determined that he was
The outstanding candidate on the
basis OF his ability. his judicial rec
ord and his reputation I have
learned nothing since his nomina-
tlon to lead me to believe that my
Judgment was wrong"
Then, alluding to the charges of
political understanding being in
Volved in the nomination, Mr.. Biddle
continued:
Il make this categorical statement
because the committee is entitled to
an assurance that there is no foun-
uatlon whatever for the rumor that
Judge Allred's nomination proceeded
from a promise Or intimation made
to him when he sought the senatorial
nomlnatlon-or at any other time
give you that assurance as simply
but as solemnly as l can"
Mr.. Lemann Declined.
AT that point he revealed that he
had asked Mr.. Lemann if he would
consider leaving his private law
practice to 60 on to take the sl2,-
ooo-a-year judgeship. Discussing
the situation, Mr.. Biddle said:
Il believe I betray no confidence
when I tell you that, in the exer-
else OF my duty. on December 8,
1912, telephoned Mr.. Monte Le-
mann OF New Orleans, La, to ask
II he would allow his name to be
considered for this vacancy.
I regret that Mr.. Lemann who is
q partner in the firm of Monroe f.
Lemann, one of the great law firms
of the South, and who is a LAWYER
OF national reputation, refused to
allow me to consider bis name y