Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-04-10
Stewart Vote
kDeIayed by
Senate Group
BY ROBERT X. WALSH
star stan Writer

Confirmation Of Justice Pot
ter Stewart for the Supreme
Court position he has occupied
since last October seems to be
favored by most Senate Judi
ciary Committee members to-
day. But he win have to wait
another week or more for O.
vote.
His appearance at long last
before the committee yesterday
resulted in such a wrangle
among the Senator'S themselves
that Chairman Eastland, DEM
ocrat Of Mississippi, recessed
the hearings subject to the
call Of the chair"
That call is not expected be-
fore next Tuesday at the ear
lest. Several members said
they have further questions on
the school segregation decisions
and "a few other matters"
Selection Stirred Dispute
President Eisenhower's NOM
nation Of the 44-year-old for
mer United States Court Of
Appeals judge in Cincinnati
caused something of a con-
troversy last fall in Ohio Re-
publican ranks. Justice Stewart
apparently was a bit surprised
yesterday when Ohio's Demo-
cratic Senators. Lausche and
Young warmly Endorsed the
nomination. And his most out
spoken defenders on the COM
mittee were Democratic Sem
ators Hennings of Missouri and
Kefauver Of Tennessee.
Senator Lausche, who several
years ago was opposed by one
Iof Justice Stewards relatives in
la gubernatorial race, revealed
THAT he, himself, had harbored
some aspirations for a Supreme
Court appointment. He said
The supposed that my golden
moment" had arrived when At
torney General Rogers tele-
lphoned him last fall. But Mr..
Rogers merely wanted to notify
him that Justice Stewart was
being selected.
Both Ohio Senators took
Issue with a complaint by SEN
Iator LANCER. Republican of
North Dakota, that Ohio was
trying to monopolize the situa-
Ition. Justice Stewart was NOM
linated soon after the retire
ment of Justice Burton, a for
inner Ohio Senator.
Discuss School Ruling
PleasantrieS began to take a
back seat, however, when
Chairman Eastland and Demo-
cratic Senators Mcclellan of
Arkansas. Johnston of South
Carolina, and Erwin Of North
Carolina began asking the
nominee for his views on the
Supreme Courts 1854 decision
outlawing public school racial
segregation.
Justice Stewart replied he
agreed "basically" with that
ruling. He declared also he
was mot dedicated to the
proposition" that it ought to
be overturned.
This did not satisfy Senator
Mcclellan. He wanted to know
whether Justice Stewart agreed
with the premises, reasoning,
logic and philosophy" expressed
by the court in arriving at that
decision. Justice Stewart hes
Iitated to give a yes or no an
Swer. He explained that his
acquaintance with the decision
was mainly a matter of having
Tread the opinion without hav-
ling infinitely studied the rec
ords of the cases involved.
Hennings Raises Point
Senator Hennings then raised
a point of order that ques-
tons of this kind were improp-
er He contended that a nomi-
nee to the Supreme Court
should not be asked his opinion
on specific decisions of the tri-
bunal or on the courts reason
ing behind those rulings.
Senator Kefauver sided with
Senator Hennings. Senators
Heating, Republican of New
York, and O'Mahoney, Demo-
crat of Wyoming, both declar-
ing they would vote for confir-
nation, said they doubted the
wisdom Of setting a precedent
that would curb committee
members.
Sets OF Debate
Chairman Eastland over
ruled the point of order ano
Senator Hennings appealed
This touched of another long
debate. AS q vote was about tC
be taken, Senator Hennings sud.
denly Withdrew his appeal. He
and Senator EaStland finally
lagreed that Senators could ash
all the questions they wish but
that Justice Stewart would mo-
be compelled to answer any HI
deemed improper or likely tt
''tie him up" in future Supreme
Court proceedings.
Some committee members
apparently were relieved tina
a showdown vote failed to ma.
Iterialize on the Hennings ap'
lpeal. They refused to hazarC
even an informal guess on how
such a vote might have turned
IA