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Show BRANDEIS IIS CONFIRMATION IN MATE One of Bitterest Contests Ever Waged Against a Presidential Nominee Ends. NEWLANDS VOTES AGAINST NOMINEE La Follette, Norris and Poin-dexter Poin-dexter in Favor; Smoot and Sutherland in Minority, "WASHINGTON", June 1. The nomination nomi-nation of Louis D. Brandeis of Boston to the supreme court, to succeed the late Joseph Tvucker Lamar, was eon-firmed eon-firmed by the senate today by a vote of -17 to 22. The vote, taken without debate, ended one of the bitterest contests con-tests ever waged against a presidential nominee. Mr. Brandeis will be the first Jew to occupy a seat ou the supreme bench. Only one Democrat, Senator New-lands, New-lands, voted against confirmation. Three Republicans, Senators La Follette, Norris Nor-ris and Poindexter, voted with the Democratic Dem-ocratic majority, and Senators Gronna and Clapp would have done so, but were paired with Senators Borah and Kenyon. The negative vote of Senator Newlands was a complete surprise to the- senate, and the Nevada senator, recognizing rec-ognizing that his action had aroused comment, later made public a formal explanation. "I have a high admiration for llr. Brandeis as a publicist and propagandist propagan-dist cf distinction," said Senator New-lands. New-lands. "1 do not regard him as a man of judicial temperament, and for that reason I have voted against his confirmation.' confir-mation.' ' President Insisted. Throughout tho fight President Wilson Wil-son stood firmly behind his nominee, never wavering when it seemed certain that an unfavorable report would be returned by tho senate judiciary committee. com-mittee. Before the committee voted he wrote a letter to Chairman Culberson, strongly urging prompt and favorable action. Senators who voted for confirmation today were: Democrats Ashurst, Banktead, Beckham, Beck-ham, Broussard, Chamberlain, Chilton, Culberson, Fletcher, Gore, Hardwick, Hitchcock, Hollis, Hughes;, Hut-ting, James, Kern, Lane, Lea of Tennessee, Leo of Maryland, Lewis, Myers, O'Gor-man, O'Gor-man, Overman, Owen, Phelan, Pittman, Ransdell, Heed, Saulabury, Shafroth, Sheppard, Shields, Simmons, Smith of Arizona, Smith of Georgia, Smith of Maryland, Smith of North Carolina, Stone, Taggart, Thomas,-Thompson, Underwood, Un-derwood, Vardaman arid "Walsh. ' Total, To-tal, forty-four. Republicans La Follette, Norris and Fletcher. Total, three. Negative Votes. Voting against confirmation were: I Republicans Brady, Brandegee, ! Clark of Wyoming, t Cummins, Curtis, ' Dillingham, Du Pont, Fall, Gallinger, Harding, Lippitt, Lodge, Nelson, Oliver, , Page, Smith of .Michigan, Sterling, Sutherland, Towosend, Warren and Works. Total, tweity-one. Democrat Newla.'nds. Total, one. The following pairs were announced, senators named f i?st being .for confirmation confir-mation and tho?e earned second against: Johnson, Maine, with Wadsworth; Swan son with Jf ernes; Martine with Smoot; Clapp vith Kenyon; Gronna with Borah; Bryan with Catron; Pom-erene Pom-erene with Weeks; Johnson, South Dakota, Da-kota, with Colt; Martin with Mc.Cum-ber; Mc.Cum-ber; Williams , with Penrose; Tillman with GofT; Robinson with Burleigh. Total, To-tal, twenty-four. Senators who were not paired and who did not vcjte were: ( -larke, Deminorat; Sherman and McLean, Mc-Lean, Republicans. Total, three. Absent at Chicago. Of the senators who were paired, many were absent because of the approaching ap-proaching Republican national convention conven-tion in Chicago, All absent senators had arranged t, be paired in the vote, however, except Senators Clarke of Arkansas Ar-kansas and McLean of Connecticut. Senator Sherman of Illinois was paired with Senator Thompson of Kansas, but released the Kansas senator, so that he miL'ht vote. ( The nomination of Brandeis was sent to the senate .(January 2. it was referred re-ferred to the ,i;idinary committee and immediately a fdood of protests against (Continue on Page Two.) BRANDEiS M IIS FIGHT II TIE SEMITE (Continued from Page One.) confirmation and memorials in favor thereof beirarj to pour in. A subcommittee consisting of Senators Chilton, Fletcher, Walsh, Cummins and Works was appointed to report on the nomination. U adopted the unusual course of holding public hearings. Clifford Clif-ford Thome, railroad commissioner of Iowa, was the first witness, protesting asainst confirmation on the ground that Mr. Brandeis had been guilty of unprofessional unpro-fessional conduct in handling the 5 per cent rate advance case before the interstate inter-state commerce commission. Sidney W. Winslow, president of the United Shoe Machinery company, testified that Mr. Brandeis had been guilty of unprofessional unprofes-sional conduct in relation to his com-panv, com-panv, and shortly thereafter Austen G. Fox", a New York attorney, appeared before be-fore the committee as the representative of fifty-five citizens of Boston, headed by A. Lawrence Lowell, president of Harvard, Har-vard, and took charge of the opposition. Then United States District Attorney George W. Anderson of Boston, at the request of the committee, undertook direction di-rection of the case for those favoring confirmation. In aH. forty-seven witnesses were heard and 1500 pages of testimony taken. -William H. Taft, Simeon E. Baldwin, Francis Rawle. Joseph H. Choate. Eiihu RootT Mooriieid Storey and Peter W. Mel-drim, Mel-drim, all former presidents of the American Ameri-can Bar association, wrote protests to the committee asainst confirmation, and Charles W. Eliot, president emeritus of 'Harvard, and many others wrote in favor of confirmation. ! On April 3 the subcommittee, by a strict party vote, recommended confirmation, confirma-tion, and on May 24 the full committee agreed to a favorable report by another strict party vote. A compromise was entered Into by those opposed to and those favoring confirmation, con-firmation, bv which the vote was taken today without debate, but publication made of the vote and the reports of the majority and of the minority of the judiciary ju-diciary committee. Minority Report. The minority report declared that twelve charges against Mr. Brandeis had been sustained by the evidence and that in addition proof liad been offered of the bad reputation of Mr. Brandeis among the lawyers of the Boston bar. The charges referred to were in regard to the 5 per cent advance rate, the Glavls-Bal-Unger investigation, the Lennox bankruptcy bank-ruptcy case, United Shoe Machinery company litigation, the Warren will case, the Illinois Central railroad proxy fight, the New England railroad litigation, the Equitable Life Assurance Society agitation. agita-tion. Massachusetts liquor legislation and the T.'nited Drug company merger. "Never before in the history of the country has a man," declared the minority, mi-nority, "been appointed a justice of the supreme court of the United States whose honesty and integrity were seriously brought in question. It must be evident evi-dent to any thinking and unbiased mind that tli is appointment has resulted from something other than the qualifications and fitness of the appointee for the office. "We regard it as a great misfortune and a direct lowering of the standard heretofore maintained in making apT point men ts to this high office that one should be selected for the piace avhose reputation for honesty and Integrity among his associates at the bar has been proved to be bad, whose reputation has heen justified by his own course of conduct. con-duct. We cannot conscientiously give our consent to the confirmation of such an appointment." Views of Majority. In the report of the majority, Mr. Brandeis'.s action in all the cases referred re-ferred to by the minority was defended. It was recalled that Mr. Brandeis would not be the first able judge appointed to the supreme court who had been the object ob-ject of bitter and unjust attack. "The worst that has been charged against him pales into insignificance." the majority said, "when compared with what was publicly said ahout Mr. Just'ce Matthews, when his nomination was under un-der consideration; but later, the leading lead-ing senators in opposition to him felt forced to admit their mistake. The 'nomination of Mr. Justice Storev was bitterly criticised by the conservatives of his day. Webster and Clav were leaders in opposition to Chief justice Tanev, when he was nominated first as an associate as-sociate justice and, ofter failure of confirmation, con-firmation, later as chief justice." Easy to Make Charges. The majority report held that the petitions pe-titions and lettors in support of Mr. Brandeis, and particularly from Boston, far outweighed the opposition. I "It Js easy to make charges." it said. "and there is too much proof In this case 1 of a preconcerted effort to weaken the power of Mr. Brandeis before the public, to think of permitting insinuations and innuendos to take the place of reasonable proof. We should be certain to have an honest, capable man upon the bench, but unless one be appointed who has not had the capacity and the courago to take part in the discussions of the last quarter quar-ter of a century, which have been pregnant preg-nant with constructive legislation and decisions, as well as undergoing a revolution revo-lution in public sentiment regarding many questions, then It would be hard to find one whom either malice or interest could not easily disqualify." The new justice was born sixty years . ago in Louisville, Ky.. graduated from Harvard university in and began the practice of law in Boston after admission to the bar in IS78. He probably will take the oath of office June 12, a week from Monday, just before the court adjourns for the summer recess. |