Property Test

While President Hoover was last week scrutinizing judges of the U. S. Circuit Courts for a possible successor to the late Edward Terry Sanford on the Supreme Court of the U. S., the Senate Judiciary Committee (which must pass on the appointment) was establishing, without attracting much public attention, a startlingly new test to apply to this and other high judicial nominations. No less a veteran Washington newsman than Mark Sullivan pronounced the committee's test "sensational," called its establishment "the most fundamental event that has occurred in this session of Congress."

The test was completely exhibited in the Judiciary Committee's handling of the nomination of Thomas Day Thacher to be Solicitor General of the U. S. Idaho's Senator Borah asked Mr. Thacher if he owned any public utility stock. Mr. Thacher submitted a list of his holdings: 100 shares American & Foreign Power Corp.; 55 shares of Baltimore's Consolidated Gas & Electric; 100 shares Electric Power & Light Corp.; 400 shares National Power & Light Co. Judiciary Committee Chairman Norris wrote Nominee Thacher: "In the judgment of the committee you ought to divest yourself of the securities mentioned." Mr. Thacher sold them all at the market, so informed Chairman Norris, who replied: "Your prompt compliance with the wishes of the committee will be highly satisfactory." Promptly, unanimously the Judiciary Committee approved the Thacher appointment, advised the Senate to confirm him as Solicitor General.

Responsible for this new property test for judicial office were the powerphobes of the Judiciary Committee--Senators Norris of Nebraska, Borah of Idaho. Elaine of Wisconsin, Walsh of Montana,

Caraway of Arkansas, Dill of Washington. Ownership by a judicial nominee of motor, mining, oil, rail, industrial or other stocks did not alarm these Senators, did not make them distrust the nominee's honor. But they would recommend confirmation of no judicial nominee whom they knew owned utility power stock, would presumably make it their business to uncover such ownership in all future nominees.

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