NOMINATION OF SIMON E. SOBELOFF

79696

HEARINGS

BEFORE THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

EIGHTY-FOURTH CONGRESS

SECOND SESSION

ON THE

NOMINATION OF SIMON E. SOBELOFF, OF MARYLAND,
TO BE UNITED STATES CIRCUIT JUDGE,

FOURTH CIRCUIT

MAY 5, 21, 22, JUNE 4, 11, 25, AND 28, 1956

Printed for the use of the Committee on the Judiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1956

CONTENTS

Statement of-

Baetjer, Harry N., member of the firm of Baetjer & Howard, Balti-

more, Md.

Page

Beall, Hon. J. Glenn, a United States Senator from the State of

Maryland

Bregel, Howard C., president, Baltimore City Bar Association..

Butler, Hon. John Marshall, a United States Senator from the State of

Maryland

Dunston, Bruce, Richmond, Va

Ervin, Hon. Sam J., a United States Senator from the State of North

Carolina.

115, 141

Flynn, Bernard J., former United States attorney, chairman, commit-

tee on judicial appointments, Maryland State Bar Association__

Hennings, Hon. Thomas C., Jr., a United States Senator from the

State of Missouri..

Herrick, Philip F., representing the Fairfax Citizens Council.

Hogan, Thomas, representing Department of Justice...

Hospelhorn, John D., deputy bank commissioner, State of Maryland.

Johnston, Hon. Olin D., a United States Senator from the State of

South Carolina__

2, 215, 231, 243, 249

Ketcham, Frank S., Esq., Washington, D. C..

Laughlin, James J., Esq., Washington, D. C.

Lindsay, John V., executive assistant to the Attorney General of the

United States_

Oppenheimer, Judge Reuben, associate judge, Supreme Bench of

Baltimore City, and president, Maryland State Bar Association__.

Parker, Rev. Harrison, Washington, D. C.-

Radcliffe, Hon. George L., former United States Senator from the

State of Maryland..

74, 141

23

72

22 33

141

Rome, H. Paul, chairman, judiciary committee, Baltimore City Bar

Association

35

Robertson, Hon. A. Willis, a United States Senator from the State of

Virginia

256

25

70

41

76, 135, 141

20

Schmidt, Mrs. Peder P., Washington, D. C.

Shankroff, Charles, Baltimore, Md...

Sobeloff, Simon E., Solicitor General of the United States, nominated
to be United States circuit judge for the fourth circuit__

Soper, Hon. Morris A., Judge, United States Court of Appeals,

Fourth Circuit

Stennis, Hon. John, a United States Senator from the the State of

Mississippi.

Stephenson, William, president, the Virginia League, Newport News,
Va

Stockbridge, Enos S., former president of the Baltimore City Bar
Association

Warr, O. L., Darlington County, S. C..

47

24 325

29

65

III

EXHIBITS

Notice of hearing on Simon E. Sobeloff as printed in the Congressional

Record..

Documents attached to Senator Johnston's statement:

A. List of necessary witnesses.

B. Canons of professional and judicial ethics of the American Bar

Association...

C. Exhibits:

1. Court authorization for Simon E. Sobeloff to make an in-

vestigation or the affairs of the Baltimore Trust Co.---

2. Excerpts from Sobeloff's report re Baltimore Trust Building.

3. Letter of July 8, 1941 to Receiver John D. Hospelhorn,

from Wm. L. Rigger, offering $5,000 cash for 50 shares of

the capital stock of Baltimore Realty Trust, Inc., and the

petition of the receiver for an order authorizing him to

enter into an agreement of sale with Wm. L. Rigger____

4. Petition of the receiver for an order authorizing him to

execute an agreement between the Baltimore Realty

Trust, Inc., and the Metropolitan Life Insurance Co.,

holder of the mortgage.

5. Copy of letter of April 14, 1943, from Arthur W. Machen

to Simon E. Sobeloff in re claim for rent for space in the

O'Sullivan Building-

6. Petition to the court by Simon E. Sobeloff, solicitor for the

petitioner, O'Sullivan Building, Inc., for an order requir-

ing the receiver to vacate the rent-free office space in the

O'Sullivan Building....

7. The answer of the receiver to the O'Sullivan Building,

formerly Baltimore Realty Trust, Inc., praying said

petition be dismissed; and letters in re claims for rent

against receiver..

Resolution adopted by the Bar Association of Baltimore City on April 16,

1956, indorsing the nomination of Simon E. Sobeloff.

Editorial, A Hearing At Last, printed in the Evening Sun, Baltimore, Md.,

April 24, 1956__.

Letter dated May 5, 1956, addressed to Hon. Joseph C. O'Mahoney from

Jack Spain, administrative assistant, to Senator Ervin_.

List of writers in opposition to the nomination of Simon E. Sobeloff to be
United States circuit judge, fourth circuit_.

49

Letter dated April 30, 1956, addressed to Hon. Joseph C. O'Mahoney
from James Bruce, New York, N. Y...

79

Letter dated February 17, 1956, addressed to Hon. Joseph C. O'Mahoney
from Simon E. Sobeloff, Solicitor General of the United States..

Attachments:

1. Editorial Sobeloff Quiz, printed in the Baltimore News-Post,

January 16, 1956__

81

2. Editorial The Sobeloff Nomination, printed in the Evening Sun,

Baltimore, January 14, 1956-

3. Editorial Why Delay Longer Mr. Sobeloff's Confirmation? printed

in the Sun, Baltimore, January 19, 1956.

4. In the Matter of the Receivership of the Baltimore Trust

Co., Question of Stockholders' Liability, printed in the Daily

Record, Baltimore, September 14, 1935.

An address by Simon E. Sobeloff, Solicitor General of the United States,

before the Judicial Conference of the Fourth Circuit, Hot Springs, Va.,

on June 29, 1954, entitled “Early Impressions".

An address by Simon E. Sobeloff, Solicitor General of the United States

before the Ninth National Conference on Citizenship, Washington,

D. C., September 1954_.

Letter dated May 2, 1956, addressed to Hon. Joseph C. O'Mahoney from
John J. Parker, United States circuit judge, fourth circuit.
Letter dated May 2, 1956, addressed to Hon. Joseph C. O'Mahoney from
Albert I. Kassabian, Esq., Annandale, Va_-

Letter dated May 1, 1956, addressed to Hon. Joseph C. O'Mahoney from

Albert I. Kassabian, Esq., Annandale, Va

107

Letter dated May 5, 1956, addressed to Hon. Joseph C. O'Mahoney from

Charles S. Rhyne, president, Bar Association of the District of Columbia

108

EXHIBITS-Continued

Letter dated May 3, 1956, addressed to Hon. Joseph C. O'Mahoney from

Philip M. Klutznick, president, B'nai B'rith, with attached speech

delivered November 8, 1955, by Mr. Klutznick, awarding the president's

medal to Simon E. Sobeloff.

Address by Hon. Herbert Brownell, Jr., prepared for delivery before the

B'nai B'rith board of governors' dinner, November 8, 1956, submitted

by Philip M. Klutznick

Brown, et al. v. Board of Education of Topeka, et al..

Letter dated May 15, 1956, addressed to Hon. Joseph C. O'Mahoney from

Charles Shankroff, Baltimore, Md., an analysis of both the transcript of

the hearing on May 5, 1956, and certain records with respect to the

Baltimore Trust Co..

Letter dated May 18, 1956, addressed to Hon. Joseph C. O'Mahoney from

Julius A. Victor, Jr., Esq., Baltimore, Md., with enclosed copy of

transcript of meeting in orphans' court of Baltimore City in the matter

of the estate of Nicholas Hall, deceased.

Letter dated May 18, 1956, addressed to Hon. Joseph C. O'Mahoney from

H. Paul Rome, chairman, committee on judiciary of the Bar Association

of Baltimore City, with attached exhibits..

Letter dated May 20, 1956, addressed to Hon. Joseph C. O'Mahoney from

John D. Hospelhorn, deputy bank commissioner and receiver of the

Baltimore Trust Co. with attached affidavit__.

Page

108

111

120

147

154

162

175

177

Letter dated May 20, 1956, addressed to Hon. Joseph C. O'Mahoney from

Simon E. Sobeloff, Solicitor General of the United States.

Mr. Sobeloff submitted the following documents for the record:

1. "Sobeloff's Final Report on Affairs of Old Baltimore Trust Sum-

marized," printed in the Baltimore Sun, June 7, 1936-

187

2. "Maldistribution of Investments by Management of Defunct Bank
Discussed" (summary of preliminary Baltimore Trust report)-

3. "Baltimore Trust Report Is Filed," printed in Baltimore Sun,

January 25, 1936_

195

182

Letters addressed to Hon. Harley M. Kilgore and Hon. Joseph C. O'Mahoney

from John J. Parker, United States circuit judge, fourth circuit. 204, 205

Letter dated January 13, 1956, addressed to Hon. Harley M. Kilgore from

Hon. Olin D. Johnston_.

215

Letter dated May 26, 1956, addressed to Hon. Joseph C. O'Mahoney from

Charles Shankroff, Baltimore, Md..

216

Letter from Hon. William R. Laird III, a United States Senator from the

State of West Virginia

233

Letter dated June 4, 1956, addressed to Hon. Herbert Brownell, Jr., from

Hon. James O. Eastland_.

233

Letter dated June 8, 1956, addressed to Hon. James O. Eastland from

Hon. Herbert Brownell, Jr...

234

Copy of May 27, 1956, broadcast of Dean Clarence E. Manion, submitted

by Hon. Olin D. Johnston.......

235

Article "Justice Charges New York Law Firm Broke Integrity Rules in Oil

Deal," printed in New York Times, September 21, 1955, submitted by

Hon. Olin D. Johnston_

Telegram dated June 23, 1956, addressed to Hon. Joseph C. O'Mahoney

from S. Vannort Chapman, secretary, Maryland State Bar Association,

embodying a resolution unanimously adopted June 23, 1956, by Mary-

land State Bar Association.

238

246

Letter dated June 11, 1956, addressed to Hon. Joseph C. O'Mahoney from

James M. Hepbron, police commmissioner of Baltimore city-

247

Letter dated June 11, 1956, addressed to Hon. Joseph C. O'Mahoney from

Thomas N. Biddison, city solicitor, Baltimore, Md.

248

List of judges of the Court of Appeals for the Fourth Circuit who have

served since 1891-

249

Editorial "Interposing Against Mr. Sobeloff," printed in the Richmond

News Leader on June 19, 1956-

267

Statements submitted by-

Philip F. Herrick, counsel, the Fairfax Citizens Council –

O. L. Warr, Darlington County, S. C.....

61

68