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Respondent each month a bill for $350.40 for rent, but this Respondent has always denied any responsibility therefor, as is shown by a letter from this Respondent to the Petitioner dated February 19, 1943, copy of which is hereto attached as part of this answer. Under date of April 14, 1943, one of the Respondent's counsel wrote to counsel for the Petitioner a letter, copy of which is hereto attached as part of this answer, demanding that the Petitioner's claim should either be abandoned or proceedings promptly instituted for asserting the same. Nevertheless, the Petitioner allowed more than six months to elapse before filing the present Petition, and this Respondent is advised that in addition to other defenses, the Petitioner's claim is barred by laches and estoppel.
And having fully answered the said Petition of O'Sullivan Building, Inc. and shown cause why the Order Nisi passed thereon should not be made absolute, the Respondent prays that said Petition may be dismissed with costs. JOHN D. HOSPELHORN,
Receiver of the Baltimore Trust Company.
DEAR MR. HOSPELHORN: This will confirm the agreement between you and this company for your occupancy of such space in the Baltimore Trust Building as may be necessary for your uses as Receiver of the Baltimore Trust Company until March 1, 1946, free from all obligations and charges.
Very truly yours
DEAR MR. HOSPELHORN: Under the instructions of Mr. R. J. Funkhouser, President of the Baltimore Realty Trust, Inc., I am writing to advise you that beginning as of November 13, 1942, your rent for space occupied on the 4th and 6th floors of the Baltimore Trust Building will be at the rate of $4,204.70 per annum, payable in monthly installments of $350.40. Will you kindly acknowledge receipt of this letter.
Very truly yours,
(Signed) W. D. WILKERSON, Vice President.
W. W. Kilkerson,
Cc: Mr. R. J. Funghouser.
Copy of letter: Baltimore Realty Trust, Inc., Baltimore Trust Building, Baltimore, Md.
BALTIMORE TRUST COMPANY
NOVEMBER 25, 1942.
Mr. W. D. WILKERSON,
Vice President, Baltimore Realty Trust, Inc.,
Baltimore Trust Building, Baltimore, Md.
DEAR SIR: Replying to yours of November 18, I beg to say that, as was well known to Mr. Funkhouser at the time of his purchase of the Note and stock of the Baltimore Realty, Inc., from Mr. Rigger, I, as Receiver of the Baltimore Trust Company, appointed by the Circuit Court No. 2 of Baltimore City, am holding possession rent free, of the premises now occupied by me in the Balti
more Trust Building, under an agreement with Mr. Rigger as part of the consideration for his purchase of the note and stock from me, which agreement was also confirmed by order of the Circuit Court No. 2 of Baltimore City.
I am further advised by counsel to warn you that any attempt to interfere with my rent-free occupancy of the premises in the Baltimore Trust Building would be a contempt of Court, and punishable as such by fine or imprisonment. Very truly yours,
Receiver of the Baltimore Trust Co.
Copy of letter in No. 1118, filed November 17, 1943.
FEBRUARY 19, 1943.
O'SULLIVAN BUILDING, INC.,
1716 O'Sullivan Building,
GENTLEMEN: I have recently received the enclosed bill for $350.40, purporting to be rent for offices 650–57 in your building, for the month of February, 1943. As you have been previously advised by the undersigned, it is the Receiver's position that under the agreement had between the Baltimore Realty Trust, Incorporated, and the Receiver, the Receiver is entitled to his present occupied space, or any other suitable space, rent free, until March 1, 1949, and that if you have any other views in the matter, they should be presented to Judge O'Dunne in the form of a petition, so that this matter may be properly adjudicated before him.
One of my Counsel has had conference with Simon Sobeloff, Esquire, who said he was acting as your attorney. My counsel asked Mr. Sobeloff either to abandon your position, or take steps as suggested in the paragraph immediately above. I understand that Mr. Sobeloff agreed to do so and as no steps have been taken, I assume he has advised you that you have no enforcible claim, as, indeed, he intimated he would probably do.
Very truly yours,
Deputy Bank Commissioner, Receiver, Baltimore Trust Company.
Cc: J. Purden Wright, Esq., Arthur W. Machen, Esq., Mr. Grover L. Michael. Senator WATKINS. Mr. Chairman, I wonder what is going to be the order of the proceeding. Are we going to hear from the nominee first?
Senator O'MAHONEY. Senator Butler, because of a personal engagement in Maryland, desired to be the first witness.
Senator WATKINS. Then may this statement of Senator Johnston appear after the oral statements to be made here today?
Senator O'MAHONEY. Well, I thought inasmuch as Senator Johnston filed the charges, and since I handed them to Mr. Sobeloff, that they ought to be the first in the record, and we will follow from that. The telegram which you have handed me, Senator Watkins, is the same as one received by Senator Hennings from Dr. Eugene D. Byrd, 415 Main Street, Baltimore, Md.:
Hon. ARTHUR V. WATKINS:
Kindly honor this request to have read a letter already addressed to the Senate Judiciary subcommittee and its chairman in behalf of the Hon. Simon E. Sobeloff. We pray divine guidance during your deliberation.
This letter is in the files and will be presented in due course.
STATEMENT OF HON. JOHN MARSHALL BUTLER, UNITED STATES SENATOR FROM THE STATE OF MARYLAND
Senator BUTLER. Mr. Chairman, Senator Watkins, my distinguished colleague, Senator Beall, I have eagerly awaited the time that I could
come here and publicly tell this subcommittee of my deep interest in Judge Sobeloff, now the Solicitor General of the United States.
Before I do that, however, Mr. Chairman, may I point out to you and to Senator Watkins that we have in this room the most representative group of Maryland people that has ever attended a hearing here on Capitol Hill.
We have former Senator George Radcliffe sitting over here to my left. We have Judge Soper, whose place Mr. Sobeloff will take on the Fourth Circuit Court of Appeals. We have Mr. Harry Baetjer, one of the leaders of the Maryland bar, and other very distinguished people who are here to appear on behalf of Mr. Sobeloff if it be the wish of the chairman that they do so.
We also have here the American Bar Association recommendation of this nomination; the Maryland State Bar Association recommendation and, in addition to that, we have the members of the judicial selection committee of that association.
We have the Balitimore Bar Association recommendation of the nomination and, in addition to that, we have physically present the officers and the judicial selection committee of that association.
There can be no question that Judge Sobeloff is eminently qualified for the position for which he has been nominated by the President of the United States. He is an eminent lawyer. He for a time occupied the seat of the chief judge of the Court of Appeals of Maryland, which position he filled with great dignity and ability, is now the Solicitor General of the United States, within the last 18 months or 2 years having come before this committee and having been approved, I think, by the unanimous vote of this committee, and having been approved by the Senate by unanimous vote for that position.
So there can be no question of the qualifications of this fine man, and I want to say here and now that it is my great privilege and, I think, a great honor, to appear here and endorse him publicly and say that I stand behind this nomination wholeheartedly, and I know that this subcommittee will make a favorable report to the full committee and that this nomination will be promptly reported to the Senate for its action.
Now, Mr. Chairman, as you know, I have several commitments in the State. I do have a primary. This is the last day of that primary, and I will see before nightfall some eight or ten thousand people. I have an engagement within 15 minutes 20 miles from here, and then one in Baltimore City at 12:15. So I hope that if I leave you will excuse me and understand the reason why I am leaving.
Before I leave, once again let me say that my colleague and myself-he will speak for himself.
Senator O'MAHONEY. Before you go, Senator Butler, may I address this question to you?
Senator BUTLER. Yes, sir.
Senator O'MAHONEY. You are aware that the statement which Senator Johnston is making in opposition to the confirmation of this nominee is based upon an allegation of a conflict of interest on the part of the nominee while he was a practicing lawyer in Baltimore, and while he served by appointment of the court as receiver for a wellknown bank in that community? You are aware of that, are you not? Senator BUTLER. I am aware of that fact. I have not read the material. It has been presented here just this morning. But I have
a great deal of familiarity with the whole Baltimore Trust situation. I think I knew or had some real understanding of the part that the nominee played in that.
I think that you will find here men who know it intimately and well, and know all that Mr. Sobeloff did in connection with it, they will appear before this committee and, when they have finished, dispel any idea that there was any real conflict or anything out of order in the slightest degree.
Senator O'MAHONEY. Do you care to express yourself now with respect to your evaluation of the nominee as to character and integrity?
Senator BUTLER. He is a man of the very highest character and a man of the very highest integrity. It has been my privilege to know him for many years.
As I have said, he is a very eminent lawyer. He has occupied the office of chief judge of the Court of Appeals of Maryland, which in my opinion is one of the finest courts in the United States, and has had a long line of distinguished persons to be its chief judge.
He has now carried on the office of Solicitor General for 18 months with rare distinction and great integrity, and I wholeheartedly endorse him, his record, his personal life.
Senator O'MAHONEY. Do you know of any reason why he should not be confirmed as judge of the circuit court!
Senator BUTLER. I do not know of any, and I do not think any exists.
Senator O'MAHONEY. Thank you very much.
STATEMENT OF HON. J. GLENN BEALL, UNITED STATES SENATOR FROM THE STATE OF MARYLAND
Senator BEALL. Thank you, Mr. Chairman, and Senator Watkins and my colleagues.
It is a pleasure for me to come here this morning and testify in favor of one of Maryland's outstanding citizens, a lawyer and a man of the highest integrity, a lawyer who is known not only throughout the State but throughout the country for his ability, his integrity, and his conscientious performance of his duties.
I have known Mr. Sobeloff for 30-40 years, practically all of my adult life. His first connection with the Federal Government in the nature of an employee was as a page in 1910 under Speaker Joe Cannon.
After that, he later became United States district attorney of Maryland, with offices in Baltimore, and there he conducted himself very creditably in all the duties that he was ever called on to do.
Certainly, I think as United States Solicitor General it is recognized that he has done what the people expected him to do.
Mr. Chairman, as a layman, if I were called on, if I were ever to need a lawyer-fortunately, I have never been in a courtroom except as a witness but if I ever did need a lawyer, I would expect that lawyer to give me his best service, his best advice, and present my side of the case to the best of his ability; and that certainly is what Mr. Sobeloff has always done.
He has represented not only his clients over a period of years, but when called upon tc represent the United States Government as So
licitor General, he has gone before the Supreme Court presenting the Government's side of the case of the case with fairness, honestly and integrity, and certainly I join with my colleague, John Butler, in recommending and asking for a favorable report of this committee on his nomination.
Mr. Chairman, I would like to say that we have a number of witnesses here that I am going to ask to be called on, but I would like to put in the record that Mr. Sobeloff has been endorsed by the American Bar Association. I think the letters are there, and a number of other records, and I ask that they be put in the record.
He also has been endorsed by the Maryland Bar Association and the Baltimore City Bar Association, and the Federal Bar Association of Maryland.
Senator O'MAHONEY. You may file those letters with the counsel for the committee, and they will be made part of the record. They will not be printed in the record, because that would entail unnecessary expense, but they will all be carefully preserved in the files of this committee.
Senator BEALL. Thank you, sir.
May I call the witnesses, Mr. Chairman?
Senator O'MAHONEY. I think that perhaps, owing to the position he occupies, Judge Morris A. Soper, of the court of appeals, should be the first witness.
Senator BEALL. That is what I was going to ask.
Senator O'MAHONEY. Judge Soper?
Judge SOPER. Yes, sir, Senator.
Senator O'MAHONEY. Would you be good enough to come forward and sit beside Senator Watkins.
Senator BEALL. Mr. Chairman, you do not have any questions you wanted to ask me?
Senator O'MAHONEY. Well, you know, you so overpowered me with the suggestion of the witnesses you wanted to call, that I forgot to ask you those questions.
I shall now ask you the same questions that I asked Senator Butler. Do you know of any reason, you yourself, why this nominee should not be confirmed?
Senator BEALL. I not only do not know any reasons why he should not be confirmed, I know of many, many reasons why, in talking about him, many people I can say again, not being a lawyer, I naturally did make inquiries around, and during the last 10 months have had plenty of opportunity to make an investigation. It is a pleasure for me to say to you that people everywhere join in endorsing Mr. Sobeloff. Senator O'MAHONEY. Have you been aware of the charge of conflict of interest in the service of Mr. Sobeloff in connection with the Baltimore Trust?
Senator BEALL. No, although I have lived in Maryland all my lifeI know Mr. Sobeloff represented the Baltimore Trust Co., but I never knew until just recently about any case like that at all, about the conflict of interest. This is the first I have heard of it, within the last week.
Senator O'MAHONEY. Are you familiar with the reputation of Judge Sobeloff as a man of character and integrity? Senator BEALL. There is no question about it, sir. He is a man of the highest character and integrity.