Evening star., 1945-08-02
Senate Recess
Kills MargoId
Nomination
Trumun Believed
Unlikely to Submit
Judges Name Again
BY DON S. WARREN.

by uON ,. WAhREN.
Adjournment of the Senate last
night without acting on the nomi-
nation of Municipal Judge Nathan
r. Margold to be an associate JUS
tice of District Court apparently
killed his last chance for the pro-
motion.
Under Senate rules, the nominal
ton now must be returned to the
White House. President Truman,
every one seems to agree, will not
resubmit his name when Congress
reconveneS October 8. The nom
ination originally was made, over
six months ago. by former President
Roosevelt.
There was only a passing mention
of the Margold case just before the
Senate recessed for about 10 weeks,
but it left in its wake an exchange
of bitter words between two members
of the Judiciary Committee, Sen
ator Chandler, Democrat, of Ken
tucky, Harvard classmate of Judge
Margold, and Chairman McCarran,
who has held the nominee untitled
for the higher court.
Resolution Agreed On.
At the tail end of yesterdays ses-
sion, Majority Leader Barkley
brought up the Margold case but
agreed action was not possible be-
cause of the known objection of
Senator McCarran. He therefore
moved, and the five Senators then
present agreed, to resolution leav-
ing to be sent back to the White
House the nomination of Judge
Margold along with those of
commissioner of education for
Puerto Rico and a collector Of
customs for Minnesota.
For fear of sudden parlia-
mentary move which might have
undone his determined opposition
to the Margold nomination, Senator
McCarran had sat in his Senate
seat almost continuously during
yesterdays nine-hour session.
Even before the close of the ses-
sion, Senator Chandler had aban-
doned his fight to save the Margold
nomination for consideration after
the recess. In an interview with
the press, he declared Judge Mar
gold had been denied fair hear
ing before the Judiciary Com
mittee.
This brought a prompt retort
from Chairman McCarran that the
nominee had been given a fair hear
Ing and that the Chandler criticism
was "unfounded and unwarranted. :"
Calls Action Rough Ride"
Senator Chandler gave up his
fight to force action on the nomina-
ton because, under Senate rules,
even if he had succeeded in dis
charging the Judiciary Committee
there could have been no vote yes
terday on confirmation without
unanimous consent, and Senator
McCarran was poised to object.
The Kentucky Senator put it
this way:
Judge Margold has had a rough
ride and bad treatment. Chairman
McCarran and the Judiciary Com
mittee have not distinguished them
selves by their actions on the Mar
gold case.
Held Until Last Minute.
THE subcommittee held the nom
ination until the last minute and
then unanimously maze an ad-
verse report. This was done be-
fore the hearings were completed.
The nomination should nave been
reported out of the committee for
a full trial of the case on its merits
on the Senate floor.
Chairman McCarran has put his
committee in the position of not
giving this man fair hearing on
the merits of the issue. The Judic-
iary Committee ought to be the last
body against which such a charge
could be brought"
McCarran Answers.
When Chairman sMcCarran heard
of Senator Chambers criticisms, he
shot back:
Senator Chandler is member
of the Judiciary Committee. The
Senate Judiciary Committee is the
last committee against which one
of its own members should bring
such an unfounded and unwarrant-
ed charge.
"A subcommittee that received
the Margold) nomination sat as
frequently as time would permit and
heard as many witnesses as were
presented, both for and against the
nomination. Senator Chandler was
invited on every occasion to sit
with the subcommittee and to cross
examine each and all witnesses but
he never availed himself of the op-
portunity."
Chairman McCarran added that
as to the last hearing he had made
a special request that Senator
Chandler attend but that he had
not appeared.