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Senator WATKINS. He had expressed the concern of people that because of your attitude, what you had already said, that you could not be fair and your could not hear cases fairly when they were presented to you as a member of that court.

Now, you know what we ask of jurors many times, whether they can take a position to be absolutely fair in the matter that will be before them, and not even allow previous opinions, sometimes either expressly or impliedly what they have done or said, to have anything to do in passing upon the guilt or innocence of the party who is before them at trial.

With respect to that sort of situation expressed by the southerner, what would be your answer?

Mr. SOBELOFF. Senator, assuming that our farmer friend speaks for a wider constituency than I expect he represents

Senator WATKINS. I have a suspicion that he speaks for a good many thousands.

Mr. SOBELOFF. Perhaps. I think he exercises himself needlessly. There is nothing in the fact that I argued this case that disqualifies me. I think the nature of the argument I made in this case shows that I am prepared to deal with consideration and understanding and moderation with the situations that may arise.

I am not in a position and I am sure you would not expect me to indicate any particular view in a specific case.

Senator WATKINS. I am not asking that.

Mr. SOBELOFF. Of course. But my approach would be in that spirit. Senator WATKINS. Well, in the first place, you would have to take an oath of office to defend and uphold the Constitution.

Mr. SOBELOFF. Exactly.

Senator WATKINS. And that Constitution would be before you, and what it means would be what the Supreme Court had already said that it means.

Mr. SOBELOFF. Exactly.

Senator WATKINS. In the discharge of that oath of office, you would have to follow the interpretation of the Constitution as made by the Supreme Court.

Mr. SOBELOFF. I notice that there was a three-judge court down in Columbia, S. C., not long ago which had one of these cases, and it was interesting to observe that sitting with Judge Parker was one of the southern district judges.

I do not know what his personal views are, but I notice that he followed the decision, along with Judge Parker.

Judges recognize that their oath means something.

Senator WATKINS. I want to come back to the Peters case for a moment. It has been said to me by one or two of my colleagues that at one time you made a speech in which you in effect said that a job with the Federal Government is a right, you have a right to a job. Mr. SOBELOFF. I am sure I never said that in any speech. I would be interested to have someone point it out. I am sure I didn't say that. But the Supreme Court has said that, and if you look at the Wyman Updegraf case, in the opinion written by Mr. Justice Clark, there is recognition of this principle: that while a man has no constitutional right to hold a Federal office, nevertheless if he is going to be accused of subversive conduct or being a security risk, the Government owes him the obligation of fairness; that they can't stain his reputation,

his character, take away his job, without observing certain minimum requirements of fairness.

Now, that does not necessarily mean that you have the same kind of a hearing that you do in court, but it does require certain minimum standards of fairness and decency.

I have gone that far, but I have never said there is a constitutional right to hold a job.

Senator WATKINS. The Supreme Court has already said, I think, that there isn't any constitutional right

Mr. SOBELOFF. That is true.

Senator WATKINS (continuing). For a man to hold a job with the Federal Government, at least an appointive job.

Mr. SOBELOFF. That is true.

Senator WATKINS. I assume an elected official would have the right for the term of his election, because the people had spoken and said so, and that would be a job under the Constitution and confirmed by the people.

Mr. SOBELOFF. And even he has the judgment of his peers in the Senate, or in the House.

Senator WATKINS. That is right. He can be ousted from the Senate or the House; he can, of course, be impeached.

I think that covers it.

Mr. SOBELOFF. Thank you, sir. If there is any other question, I will be glad to answer it.

Senator O'MAHONEY. The chair has received from Senator Johnston a letter enclosing 20 letters protesting the confirmation of the nominee. These letters will be made part of the file of the hearing before us.

In addition to those letters, the Senator has presented to the committee a list of persons, individuals, and representative groups, objecting to the confirmation of the nominee. This list will also be made a part of the file of the committee and considered by the committee.

We have a letter from John J. Parker, of the United States Circuit Court for the Fourth Circuit, addressed to me, under date of May 2, asking that his letter endorsing the nomination be made a part of the published record. That is so filed.

(The letter referred to is as follows:)


Senate Office Building, Washington, D. C.

CHARLOTTE, N. C., May 2, 1956.

MY DEAR SENATOR O'MAHONEY: I thank you for the invitation to make a statement before the subcommittee of the Senate Judiciary Committee considering the nomination of Hon. Simon E. Sobeloff to be one of the United States circuit judges for the Fourth Judicial Circuit.

I have known Judge Sobeloff for more than a quarter of a century and have the highest opinion of his character and ability. He made a splendid record as United States attorney for the District of Maryland and following his experience in that office established himself as a successful practitioner of high standing at the bar of Baltimore City. His standing with the people of his native State is attested by the fact that he was chosen as chief judge of their court of appeals, a position which he filled with distinction and which he left to become Solicitor General of the United States. He is a careful and learned lawyer, a man of high principle, and he has had wide and varied experience as a lawyer and a public servant. I feel that he will add strength to the judiciary of our entire country as well as to the judiciary of this circuit. With high personal regards, I am,

Sincerely yours,


Senator O'MAHONEY. I have a letter dated May 2, two letters, in fact, signed by Mr. Albert I. Kassabian, from Annandale, Fairfax County, Va., which will be made a part of the record; and one from Charles S. Rhyne, president of the Bar Association of the District of Columbia, which will be made a part of the record.

(The letters referred to are as follows:)

Re Simon E. Sobeloff.



Chairman, Senate Judiciary Subcommittee, Senate Office Building, Washington, D. C.

DEAR SENATOR O'MAHONEY: Please refer to my letter dated May 1, in which I requested an opportunity to testify publicly in favor of Mr. Sobeloff's nomination to the Federal bench at a hearing scheduled before your subcommittee on May 3.

Your office informed me today that the May 3 hearing has been postponed to May 5. Unfortunately, I had previously scheduled an out-of-town appointment for May 5, and accordingly will not be able to attend this hearing. Your office suggested, however, that I address a letter to you explaining my unavailability with the request that you read into the public record the contents of this letter. I respecfully so request.

From February 1950 to November 1950 I was one of Mr. Sobeloff's several law associates while he was engaged in the private practice of law at 1000 Baltimore Life Building, Baltimore, Md. During this period I came in frequently daily contact with Mr. Sobeloff, and consequently got to know him well.

In terms of legal ability and accomplishment I mention in passing Mr. Sobeloff's career as a highly competent and successful private practitioner, his elevation to the bench of the Supreme Court of Appeals of Maryland and his present responsibilities as Solicitor General of the United States. On this score, I only can add that I yet have to meet his equal with respect to legal ability, and I base this statement upon my personal contact with him as his law associate. As equally important, Mr. Sobeloff is a man of unquestionable integrity, intellectual honesty, and high moral character. He is a man of deep conviction with the courage necessary to stand by those convictions. He is a man of dignity. He possesses what lawyers call judicial temperament. He has a high sense of fair play. He conducted a highly ethical law practice. His loyalty to the United States cannot be questioned. He has devoted his life unselfishly to public responsibility and duty.

In my opinion he is exceptionally well qualified in all respects for elevation to the Federal bench and I urge your committee to recommend his nomination without delay.

May I add that Mr. Sobeloff has not requested that I testify on his behalf and that this letter is purely voluntary on my part.

Respectfully yours,




Chairman, Senate Judiciary Subcommittee,

Senate Office Building, Washington, D. C.

DEAR SENATOR O'MAHONEY: As a former law associate of Mr. Simon E. Sobeloff, I would welcome the opportunity to testify publicly in favor of his nomination to the Federal bench of the Fourth Circuit Court of Appeals at the hearing scheduled before your subcommittee on May 3.

Without reservation, I regard Mr. Sobeloff unusually well qualified for such a responsible public office, and I urge the committee to recommend Mr. Sobeloff's nomination without delay.

Thank you for your time and attention.

Respectfully yours,

79696-56- -8


Washington, D. C., May 5, 1956.


Senate Office Building, Washington, D. C.

DEAR SENATOR O'MAHONEY: I write to urge that the subcommittee of which you are chairman approve the confirmation of Simon E. Sobeloff as a judge of the United States Circuit Court of Appeals for the Fourth Circuit.

I have known Mr. Sobeloff for some 15 years and have admired the outstanding public service he has rendered as city solicitor of Baltimore, chief judge of the Court of Appeals of Maryland and in the many other capacities in which he has served the public.

His work as Solicitor General of the United States certainly marks him as one of the greatest Solicitor Generals in all history.

I am sure that I speak for the many members of our bar association who have become acquainted with him while he has been here in his capacity as Solicitor General, when I say that we admire him greatly and that we know that he will make a great Federal circuit judge.

I had hoped to appear in person at the hearing today, but an unexpected development prevents this. I therefore hope this letter can be made a part of the record of the hearing.

Very respectfully yours,

CHARLES S. RHYNE, President.

Senator O'MAHONEY. There is also presented to the committee a letter signed by Mr. Philip M. Klutznick, president of the B'nai B'rith. This comes to us from Park Forest, Ill., under date of May. 3, transmitting the address made by Mr. Klutznick, president of that organization, on the occasion of awarding the B'nai B'rith president's medal for humanitarianism to Simon E. Sobeloff at the dinner of the B'nai B'rith board of governors, Hotel Mayflower, November 8, 1955, and an address by the Attorney General on the same occasion. This will also be made a part of the record. (The documents referred to are as follows:)


B'NAI B'RITH, May 3, 1956.

United States Senate, Washington, D. C. DEAR SENATOR O'MAHONEY: In connection with your subcommittee's consideration of the nomination of Solicitor General Simon E. Sobeloff to be a judge of the United States Court of Appeals for the Fourth Circuit, I believe you may wish to have for your record the impressive tributes paid to Judge Sobeloff on November 8, 1955, in Washington, when he was awarded the B'nai B'rith president's medal for humanitarianism.

Present at the dinner as guests, among others, were Chief Justice Earl Warren; Associate Justices William O. Douglas, Sherman Minton, and John M. Harlan; Chief Judge John J. Parker, of the Fourth Judicial Circuit; Chief Judge Henry W. Edgerton, of the United States Court of Appeals for the District of Columbia; and Judges E. Barrett Prettyman, Wilbur K. Miller, David L. Bazelon, Charles Fahy, George T. Washington, John A. Danaher, and Walter M. Bastian, of the United States Court of Appeals for the District of Columbia. The principal address at that banquet was delivered by Attorney General Herbert Brownell, Jr., and remarks were made by Carl Sandburg.

Sincerely yours,


ADDRESS BY PHILIP M. KLUTZNICK, PRESIDENT OF B'NAI B'RITH, AWARDING THE PRESIDENT'S MEDAL TO SIMON E. SOBELOFF AT THE DINNER OF THE B'NAI B'RITH BOARD OF GOVERNORS, HOTEL MAYFLOWER, NOVEMBER 8, 1955, WASHINGTON, D. C. We are about to present the president's medal for humanitarian service to Hon. Simon E. Sobeloff. A word about the medal and the purpose we seek to serve by its presentation. Perhaps the best way to indicate its purpose is by directing attention to the four awards that I have made in the past 3 years. each instance an occasion and an idea motivated the presentation.


Two were presented to men whose principal humanitarian service was made possible through the instrumentality of the B'nai B'rith itself. One went to

Harry K. Wolff, of San Francisco, on the occasion of 50 years of uninterrupted activity on every level of B'nai B'rith work, culminating in the vice presidency of the B'nai B'rith itself. The other went to Sidney G. Kusworm, of Dayton, Ohio, on his 70th birthday, to signalize his devotion and work as the dean of our governing body, having served at that time nearly 35 years, many of those years as our treasurer and as the chairman of the Americanism and Civic Affairs Commission. But we are not provincial in the distribution of this medal. The purpose and objective of our work is not narrow in scope or in action. The whole fabric of our organization is one which considers the task undone as the task it must undertake. Our interests are comprehensive and our program is made up of innumerable facets.

In order to stimulate investment in Israel, our New York colleagues undertook to sell $1 million worth of Israel bonds in honor of Barney Balaban, a great figure in American industry and business. Now Barney Balaban symbolizes a great American whose devotion to the principles that make America great has been expressed through his concern with the Bill of Rights, the American Heritage Foundation, and a variety of other civic efforts. Yet, at the same time he maintained a respect, a devotion, and a love for his people, for the tradition which has held them together and the Holy Land where it was born. A man in whom all these elements were so happily fused deserved recognition. Thus, on the occasion of the climactic dinner symbolizing the success of that effort, the president's medal was awarded to Barney Balaban.

Quite recently we honored Dr. Abram L. Sachar, president of Brandeis University, by awarding this medal to him on the occasion of his retirement from the chairmanship of the B'nai B'rith Hillel Foundations after many years of service in that and other capacities. This presentation was also in a sense motivated by the selection of a symbol on the American scene of an educator who is a Jew and who spent many years of his life in bringing Jewish youth closer to their heritage and who has had a scintillating career in bringing all of Jewish life closer to the needs of higher education through his remarkable record as president of Brandeis University. In prior years we were honored by the acceptance of B'nai B'rith medals by Gen. George C. Marshall, Henry Morgenthau, Jr., Robert P. Patterson, and Justice Robert Jackson. None of these men previously honored laid claim to infallibility. They are, each in his own way, remarkable examples of human qualities. They are symbolic of things and ideas in which we believe.

No less is Simon E. Sobeloff. The occasion is clear. By nomination of the President of the United States, with the hope that God will preserve him in health and in strength and with the certainty that the Senate of the United States will give its approval, our honored guest will leave his present post, one of the highest in our Government as Solicitor General, and return to his great love, the judiciary. What does he symbolize that motivates this award tonight?

First and foremost, the importance of public service. I mean service in the governments of our great land rendered by people who are incorruptible, whose integrity shines with sheer purity, and whose devotion to duty comes from capacity to serve and not from desire for position alone. We do not know that Simon Sobeloff has been 100-percent right in everything he has done as a public servant-it would be too much to expect. We do know and we want the world to know that the people who know him best value his sense of duty, his ability, and his deep-seated appreciation of the honor that arises from public service.

You will forgive me if I speak feelingly on this subject. From personal experience during the war and in times before I have learned the pains and the just rewards of public service. Time after time where my voice could be heard I have urged that America will be as strong as the appreciation that our people have for those who serve them in public places. It is not easy to forego (particularly during a prosperous era) the monetary fruits that are available to men of capacity in order to assume positions of honor but nevertheless great burden and little monetary reward in the service of our country. Some cynic not too many years ago observed that the great engineering achievements of the Tennessee Valley Authority were possible only during a depression when brilliant engineering talent was available at miserable Government salaries. This perhaps overdoes the point, but it illustrates it adequately.

Dr. Albert Einstein one time observed that politics or government is more difficult than physics. For him perhaps, but even for most, he was quite right. David Lilienthal, who qualifies in my judgment as a great and devoted public servant, in the book that he wrote in 1949, entitled "This I Do Believe," had this to say on the subject:

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