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would be improvident for us to confirm or reject a nominee until these serious charges are studied from the records in the case and proved or disproved by a consideration of it. They are too serious for us to ignore or bypass. I submit again the records should be subpenaed, as I suggested in my initial communication to the subcommittee.
Remember, this is a very important position we are fixing to appoint him to, a position on the circuit court of appeals, and from the testimony brought out here a few days ago, it will only be a very, very short time until in the circuit he will be the chief judge. The chief judge at the present time-the other two judges have retired, and the chief judge, Parker, is reaching the retirement age and they are talking about his retiring within a year.
Senator LANGER. You say this Funkhouser didn't reply to the subpena?
Senator JOHNSTON. I don't think he responded to his subpena. He certainly didn't testify. The subcommittee will have to answer that question. I don't know.
Senator WATKINS. All that the subcommittee asked to come came. Senator JOHNSTON. My information is he did not appear.
Senator BUTLER. Senator O'Mahoney, did you subpena Mr. Funkhouser?
Senator O'MAHONEY. Yes; we couldn't find him. Of course, the evidence developed that he had nothing to add at all. His name came in through the perfectly unreliable testimony of Mr. Shankroff, who, when he was under examination, was sitting over here, and showed by his answers to questions that he could'nt possibly have written the legal document which was filed under his name.
I am prompted to call to the attention of the committee the great confusion which is created by our failure to vote on the Sobeloff nomination. We sit here day after day. The subcommittee went into this at great length. We heard everybody in the world. We made a report. A five-man subcommittee which examined this case voted 3 favorable to the report, 2 abstaining. I understand, of courseThe CHAIRMAN. Questioning into executive session?
Senator O'MAHONEY. I am just going to make a statement which can be made public. I am just going to say this. I personally have bills to report to this committee of great importance. Now, it is perfectly obvious that if the committee is going to go on day after day hearing testimony and argument in the committee, we are not going to get the work of the committee done.
Now, if a filibuster is to be conducted against Sobeloff, let it be conducted on the floor of the Senate. Of course, I want the Senator from South Carolina to have the opportunity to make any arguments thae he cares to make upon it, but I feel very, very sincerely that we ought to fix a specific date for a vote and before the end of this meeting this morning, I shall move, Mr. Chairman, that the committee set a date for a vote on the Sobeloff nomination, because if we don't do it, it is preventing this committee from giving consideraion to most important legislation.
Senator WATKINS. I am in accord with what the Senator from Wyoming has said with respect to the necessity for getting a date set on this, and I am in full accord with the statement as to what was done in the hearings before the subcommittee.
I want to accord the Senator from South Carolina full opportunity to make a statement but he had the opportunity to come before the subcommittee, and for various reasons there wasn't the time, it was inconvenient or for some other reason-I don't know just why at the moment he didn't come. But it seems to me we have extended the courtesy now to go on with the statements on the point where I think. we ought to fix the time for the vote. There ought to be a stop to this kind of maneuver from here on.
I agree with the Senator from Wyoming if there is to be a filibuster, let it be in the Senate.
Senator BUTLER. I associate myself with the remarks of the Senator from Wyoming. I don't want to be put in the position of cutting any member of this committee off. I think full opportunity, if it has not already been given, could be given within the very near future and this matter should be brought to a vote.
Senator JOHNSTON. The Senator understands that it is in his district and if you asked the Senators, if seven of them were against that appointment and you were the only member on this committee and you. were from that district too, you can imagine how you would feel. Seven Senators out of ten expressed themselves against it.
Senaor O'MAHONEY. I appreciate the feeling.
Senator JOHNSTON. I am speaking for seven Senators. I am the only one on the committee of the seven.
Senator O'MAHONEY. I have a two-page telegram here from S.. Vannort Chapman, secretary, Maryland State Bar Association, as follows:
Whereas the United States Court of Appeals for the Fourth Circuit, a tribunal only one degree below the Supreme Court of the United States, is currently manned by only one judge in active service status, namely, Chief Judge John J.. Parker
and so forth. I won't read the rest but I'll submit it for the record along with letters from James M. Hepbron, police commissioner of Baltimore City and Thomas N. Biddison, city solicitor, Baltimore, Md.. (The telegram and letters referred to are as follows:)
Senator JOSEPH C. O'MAHONEY,
ATLANTIC CITY, N. J., June 23, 1956.
Senate Office Building, Washington, D. C.:
This resolution was unanimously adopted at the 61st annual meeting of the Maryland State Bar Association, Atlantic City, N. J., June 23, 1956:
"Whereas the United States Court of Appeals for the Fourth Circuit, a tribunal only one degree below the Supreme Court of the United States, is currently manned by only one judge in active service status, namely, Chief Judge John J. Parker; and
"Whereas Hon. Simon E. Sobeloff, Solicitor-General of the United States, was nominated by the President of the United States on July 15, 1955, as an associate judge of the said court, and the failure to take action on the said nomination, which has been pending for almost a full year, is unfair to litigants, to the court, to the attorneys that practice therein, as well as to the nominee; and
"Whereas in the opinion of this association there is no doubt as to the eminent qualifications of General Sobeloff by reason of his character, training, temperament, experience and learning, to fill with the highest distinction the position to which he has been nominated; and
"Whereas his qualifications have been recognized by the subcommittee of the Judiciary Committee of the United States Senate, which after hearings has reported favorably General Sobeloff's nomination; by the Honorable Chief Judge John J. Parker of the United States Court of Appeals for the Fourth Circuit, who has twice urged before the Judiciary Committee of the United States Senate the immediate confirmation of General Sobeloff's appointment; by the American
Bar Association's Committee on Federal judicial appointments; by the Bar Association of Baltimore City; and by the endorsement of the leaders of his own community, and great numbers of other distinguished citizens throughout the Nation; and
"Whereas an extraordinarily long and searching inquiry has utterly failed to develop the slightest basis whatever for any reflection upon his long and distinguished career, during which he has served as United States attorney for the District of Maryland, city solicitor of Baltimore City, chief judge of the Maryland Court of Appeals, the highest judicial tribunal in Maryland, and Solicitor General of the United States, in which position he is now serving; and
"Whereas this experience with both State and Federal laws, and as the highest judicial officer in Maryland, preeminently qualifies him as a judge of the United States Court of Appeals for the Fourth Circuit: Now, therefore, be it
"Resolved by the Maryland State Bar Association, That the association hereby approves the action of its committee on Federal judicial appointments in recommending the confirmation of Judge Sobeloff, and respectfully but urgently requests the Judiciary Committee of the United States Senate to take immediate action to report favorably the nomination of Hon. Simon E. Sobeloff as an associate judge of the United States Court of Appeals for the Fourth Circuit; and be it further
"Resolved, That a copy of this resolution be sent by the secretary of this association to the chairman and each member of the Judiciary Committee of the United States Senate and to Senators John Marshall Butler and J. Glenn Beall, of Maryland."
Hon. JOSEPH C. O'MAHONEY,
S. VANNORT CHAPMAN, Secretary, Maryland State Bar Association.
United States Senate, Washington, D. C.
OFFICE OF THE COMMISSIONER,
DEAR SENATOR O'MAHONEY: At a hearing last month held by your subcommittee, concerning the nomination of Solicitor General Simon E. Sobeloff, there appeared one Charles Shankroff, of 1119 North Calvert Street, of this city (Baltimore, Md.).
Since I personally have known Shankroff and furthermore, since this department has information concerning him and certain of his activities since he came to this city from New York, I felt that you would like to know something about him and his creditability.
My first personal contact with him was approximately 5 or 6 years ago when The began annoying our local community chest and its officials by demanding the right to inspect their accounts, records, and minutes, and to likewise personally inspect all the records of the various hospitals, institutions, and agencies making up its membership. His purpose was to prove that our whole private philanthropy setup was some sort of a "fake," despite the fact that it was operated by our most outstanding citizens.
Shankroff made himself an unbelievable nuisance and it was my personal opinion, shared by those at the chest, that he was definitely a mental case. Since that time, he has continued his weird activities in other directions, causing police inquiries to be made concerning him and his actvities. Those activities include the stirring up of litigation and his appearance in court when he has no status since he is not an attorney. He has likewise injected himself in real estate matters and here again he was without status since he has no real estate license. His activities have likewise been the subject of inquiry by the better business bureau.
While he has no record of convictions in this city, he is regarded by those who know something of his activities as-and I quote "a nut," "a crackpot," "a mental case," and "a public nuisance."
All of this, in my opinion, Senator adds up to the fact that Shankroff is irresponsible as well as unreliable.
Now, just a word about Simon E. Sobeloff, whom I have known since school days and whose distinguished career I have followed with both interest and pride. Simon Sobeloff has one of the finest minds of any man I ever knew.
His integrity is beyond question. Furthermore, he is a man of great human understanding, a kindly, gracious, warm and helpful person, and has demonstrated his great judicial abilities as chief judge of the Maryland Court of Appeals.
DEAR SENATOR O'MAHONEY: I have noted in the public press that one Charles Shankroff, of Baltimore, Md., has appeared before the Senate committee of which you are chairman objecting to the confirmation of the appointment of Simon E. Sobeloff as judge of the Federal Court of Appeals for the Fourth Circuit.
I am personally acquainted with certain activities of Mr. Shankroff in the past which I feel should be brought to your attention and I therefore respectfully submit the following for your consideration.
The Board of Estimates of Baltimore City, which is composed of the mayor, city comptroller, director of public works, president of the city council, and myself as city solicitor, is the major policymaker board of our city. During the period dating from August 18, 1954, until December 8, 1954, Mr. Charles Shankroff appeared at the weekly meetings of that Board on 15 separate and distinct occasions, submitting 15 separate and distinct complaints and requests covering the following subject matters:
1. The Hartford Road site of a library.
2. Discrepancy between purchase price and assessments of certain properties.
3. Request for leave of absence of employees.
4. Certain condemnation proceedings.
5. The method of acquiring properties for the widening of Howard Street.
6. Memorializing the Congress of the United States to restore interest on demand deposits in commercial banks.
7. The sale of 311 St. Paul Place and the purchase of 1500 Greenmount Avenue.
8. Regular meetings and minutes of the board of estimates.
9. Assessments of four parcels of land.
10. A request that copies of board of estimates minutes be mailed to him weekly and a request to inspect the bond records of officers and employees. 11. Assessments on certain properties.
12. Purchase of varions properties.
13. Department of traffic budget for 1955.
14. Alleys, roads, and lanes used and never assessed for taxation.
15. The Enoch Pratt Free Library.
No action was taken by the board of estimates on these matters for after due consideration of same it appeared that none was warranted.
I trust the foregoing may be of service to you in properly evaluating the testimony of Mr. Shankroff.
I should also like to go on record with your committee as unequivocally recommending the favorable consideration by your committee of the appointment of Simon E. Sobeloff. He is an outstanding attorney with an honorable and distinguished record of public service.
Very truly yours,
THOMAS N. BIDDISON, City Solicitor.
(Whereupon at 12 m. the committee recessed until 10:30 a. m.,. Thursday, June 28, 1956.)
NOMINATION OF SIMON E. SOBELOFF
THURSDAY, JUNE 28, 1956
UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, Washington, D. C.
The committee met, pursuant to call, at 10:55 a. m., in room 424, Senate Office Building, Senator James O. Eastland (chairman) presiding.
Present: Senators Eastland, Johnston, Langer, Watkins, and Dirk
Also present: Joseph A. Davis, chief clerk.
The CHAIRMAN. You may proceed with regard to the Sobeloff nomination, Senator Johnston.
STATEMENT OF HON. OLIN D. JOHNSTON, A UNITED STATES SENATOR FROM THE STATE OF SOUTH CAROLINA
Senator JOHNSTON. I want to put in a list of the judges of the court for the Fourth Circuit that have served since 1891, giving the date of their appointment and the term of their service. I ask that that be put into the record.
The CHAIRMAN. It is so ordered.
(The list referred to is as follows:)
List of judges of the Court of Appeals for the Fourth Circuit who have served since 1891
Term of service
Mar. 3, 1891, to Oct. 24, 1893.
Dec. 15, 1927, to Oct. 15, 1939.1
1 Judge Northcutt who retired from active service on Oct. 15, 1939, served thereafter as a retired judge until his death on Jan. 3, 1946.
2 Judge Soper retired from active service on June 2, 1955, but is continuing service as a retired judge. Judge Dobie retired from active service on Feb. 1, 1956, but is continuing service as a retired judge.
Senator JOHNSTON. I was discussing at the time we adjourned the matter of Judge Sobeloff's overlapping or conflict of interests in a case over in Baltimore. I will take up where I left off.