I did about the Detroit cases, since they were brought in here, and not testifying, Mr. Chairman.

Senator O'MAHONEY. We are very glad that you were here, and that you did speak.

If there is nothing further, the committee will stand in recess until Monday morning at 10 o'clock.

Mr. WALLACH. I want to thank you gentlemen of the committee for giving me this opportunity to be heard.

Senator DANAHER. You are entirely welcome.

(Whereupon, at 11:30 a. m., the committee recessed until Monday, June 23, 1941, at 10 a. m.)

NOMINATION OF ROBERT H. JACKSON TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT

MONDAY, JUNE 23, 1941

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C. The subcommittee met, pursuant to adjournment, at 10 a. m., in the committee room, Capitol Building, Senator Joseph C. O'Mahoney presiding, and went immediately into executive session, following which the hearing was opened.

Present: Senators O'Machoney (presiding), Hatch, and Hughes. Senator O'MAHONEY. The subcommittee considering the nomination of Hon. Robert H. Jackson to be Associate Justice of the Supreme Court of the United States will come to order.

The committee has been notified by Senator Millard Tydings of his desire to appear before it in connection with this nomination.

Friday morning, at 10:30 has been set by the committee to hear Senator Tydings.

(Whereupon, at 10:30 a. m., the committee recessed until Friday, June 27, 1941, at 10:30 a. m.)

17

NOMINATION OF ROBERT H. JACKSON TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT

FRIDAY, JUNE 27, 1941

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C.

The subcommittee met, pursuant to adjournment, at 10:30 a. m., in the committee room, Capitol Building, Senator Carl A. Hatch (chairman) presiding.

Present: Senators Hatch, O'Mahoney, and Hughes.

The subcommittee had under consideration the nomination of Hon: Robert H. Jackson to be Associate Justice of the Supreme Court of the United States.

Senator HATCH. The committee will come to order.

We have this morning two witnesses who have expressed a desire to be heard. I am advised that the witnesses are Mr. R. C. McManus and Mr. Lester P. Barlow. Are those gentlemen present?

Mr. MCMANUS. Yes, sir.

Mr. BARLOW. Yes, sir.

Senator HATCH. Will you state your name, please?

Mr. MCMANUS. Robert C. McManus.

Senator HATCH. And your occupation?

Mr. MCMANUS. Editor of the New Jersey Voter, which is a nonpartisan political paper.

Senator HATCH. What is your address?

Mr. MCMANUS. 11 Commerce Street, Newark, N. J.

Senator HATCH. I understand you desire to submit something to the committee in connection with the nomination of Attorney General Jackson.

Mr. MCMANUS. Yes, sir.

Senator HATCH. All right, Mr. McManus, you may proceed.

STATEMENT OF ROBERT CRUISE MCMANUS, EDITOR, NEW JERSEY VOTER, NEWARK, N. J.

Mr. McMANUs. I appear here as an interested individual, rot officially as the representative of the magazine, to present to this committee certain material which bears on the question. I am not appearing as a protestant against the nomination, I am simply offering this material which I have

Senator HATCH (interposing). I just wanted to understand your position.

You say that you are not protesting the nomination?

Mr. MCMANUS. No; I am offering this material to the committee. It is in relation to two questions:

The handling of certain matters in connection with the Hague administration in Jersey City; and an income tax matter involving the former Secretary of State of New Jersey, Thomas A. Mathis. I think I will go first to this Hague matter.

Senator O'MAHONEY. Mr. Chairman, I suggest that the purpose of this hearing is to hear witnesses who care to make any representation with respect to the issue before the committee which, of course, is whether or not Mr. Jackson should be confirmed as a nominee for the Supreme Court.

I gather from what the witness has said, that that is not the purpose of his appearance bere.

Mr. MCMANUS. It has a bearing upon it.

Senator HATCH. Frankly, I am puzzled, myself, by your statement. You might proceed.

The matters to which you refer and the material which you say that you want to leave with the committee bear upon the qualifications of Mr. Jackson as a nominee to the Supreme Court?

Mr. MCMANUS. All of it.

Senator O'MAHONEY. You know all this, but still will not protest? Mr. MCMANUS. Not at this time.

Senator O'MAHONEY. You do not think that the material which you are presenting is sufficient to bring you to the conclusion that you want to protest the nomination, or confirmation?

Mr. MCMANUS. I do, yes; so I am changing my stand. I will appear in protest.

Senator HATCH. You appear, then, in opposition?

Mr. MCMANUS. Yes.

Senator HATCH. All right, proceed.

Mr. MCMANUS. Now, to begin with, the matter here is the case of John Longo.

I will read from the New Jersey Voter of March 1940.

Senator O'MAHONEY. What is the New Jersey Voter?

Mr. MCMANUS. It is a magazine of which I am the publisher-a nonpartisan magazine.

Senator O'MAHONEY. You publish only facts?

Mr. MCMANUS. Yes.

Senator O'MAHONEY. In that case you swear in all your reporters? Mr. MCMANUS. I am under oath now, Senator.

Senator HATCH. Senator O'Manoney used to be a reporter himself. Senator O'MAHONEY. The witness apparently wants to be under oath.

Mr. MCMANUS. I thought I was.

(At this time, Mr. McManus was sworn as a witness by Senator Hatch.)

Mr. McMANUS. This is an article entitled "Who Buried the Longo Case?" and I will quote from the article:

In the fall of 1937 John Longo, a young man barely of voting age, led a group of other young men in a movement against Mayor Frank Hague, of Jersey City. Longo is a person of stainless reputation. He is a member of the Catholic Church, an officer of his parish Holy Name Society, and a student of sacred literature. When he was brought to trial, his pastor and several other Catholic and Protestant clergymen testified as to the excellence of his character. He was also a Democrat and an outspoken supporter of President Roosevelt.