Evening star., 1948-08-10
Tamm' 5 Status
As Unconfirmed
JusticeStudied
Legal Opinion Split
On Whether Recess
Appointment Expired

The status Of District Court JUS
tice Edward A. Tamm, whose nomi-
nation to the bench never was con-
firmed by the Senate, was under
scrutiny today in several quarters.
Created an associate justice by
recess appointment, the former FB1
official was sworn in on June % and
has been serving as jurist.
Principal question now being
studied is the length of his term
of office. How much longer he can
be paid is regarded by the Justice
Department as separate issue.
Legal opinion on Justice Tamm's
term of Office is split between the
view that he is entitled to remain
on the bench through the first ses-
sion of the Eighty-first Congress,
convening next January. and the
belief that his term expired when
the special session ended last Satur-
day night.
All Legal Aspects Studied.
AT the Justice Department. 1t
was learned, study is being made
of all legal aspects Of the case, in
Guiding some technical questions
which have arisen. No details were
disclosed. but there were indlca-
lions that the principal question in
volved is whether it would be nee
essary for the President to give
Justice Tamm a second recess ap-
pointment.
In some other well-informed
quarters, the opinion was ex-
pressed that Justice Tamm'S term
expired when Congress quit. since
his recess appointment was to con-
tinue through the session Of Con-
gress following his recess commits
sion.
Justice Tamms commission de-
clares him to be an associate justice
Of District Court until the end of
the next session of the Senate of
the United States and no longer.
subject to the provisions Of law"
This phrase is the center of
study, because of apparent differ
ences of opinion as to whether the
13-day session Of the Senate, which
closed Saturday night, was the next
session" after the recess appoint
ment, or whether it was just a part
Of the second session of the Eight
ieth Congress.
Pay Term Indefinite.
One Senator. who favored Justice
Tamm's nomination. told The Star
he believes the juriSt may serve
without a new recess appointment
through the first session of the
forthcoming Eighty-frst Congress.
The General Accounting Office
ruled recently that Justice Tamm
could be paid his $4,000 salary un-
der a recess appointment. but it
did not specify how long this ap-
poIntment was to last
IN the same decision. the GAO
ruled that a judge serving in an
other part of the country might
not receive his pay. because He had
been given second recess appoint
ment. after Congress had failed to
cOnfrm him following his first re-
cess commission.
The District Bar Association.
which has opposed the nomination
of Justice Tamm since it was first
sent to the Senate. is still making a
study of his case through special
committee.
Report Due Soon.
John H. Burnett, chairman of this
group. said today much legal and
technical information has been OBJ
tanned and a report will be made
soon 20 the bar association.
Justice Tamm was opposed by the
District and American Bar ASSociar :
tions principally because the NOM
His character and his ability in
the FBI, where he had been assist
ant to the director, J. Edgar Hoover
never were aSSailed.
Nominated first on February by
President Truman. Justice Tamm
was the subject of lengthy hearings
before a Senate Judiciary SubcCm-
mittee. which voted 2 to l to send
the case to the full committee. No
action ever was taken by the full
committee. The second nomination.
sent up July %, was ignored by the
Senate committee.
Mr.. Tamm had been Endorsed for
the post by Attorney General Clark.
Mr., Hoover. Chairman Bridges Of
the Senate Appropriations Committee
and several others