National Affairs: Too Late

Mr. Dawes was resting. The proceedings of the Senate had wearied him. The nomination of Charles B. Warren of Michigan to be Attorney General was under consideration. Senator Cummins of Iowa had begun a four hour speech defending the nominee. Senator Reed of Missouri and Senator Walsh* had each made a lengthly speech attacking Mr. Warren; the Vice President had been assured that there would be nothing but talk for the rest of the day.

So he left the Senate, turned the gavel over to President pro tempore Moses and retired up Pennsylvania Ave. to his rooms in the Willard Hotel. It was presumed that he was reclining en dé shabillé. He had telephoned to the Capitol twice during the afternoon to find out whether his presence was required and the answer had been: “No.”

But, as he reclined, there came a telephone message to say that the Senate had sent out a call for a quorum. Mr. Dawes donned his clothes, went downstairs. He summoned a taxicab. The taxi was delayed in a traffic jam. It took eight minutes to reach the Capitol.

Senator Cameron of Arizona and his secretary were waiting outside. They seized the General by both arms and hurried him upstairs— but it was too late.

The Nomination. Some weeks ago, Mr. Coolidge nominated Charles B. Warren, former Ambassador to Japan and, until a few months ago, Ambassador to Mexico, to be Attorney General. There was argument in the Senate and Mr. Warren’s nomination was the only one not acted on by the Senate of the 68th Congress before it adjourned on Mar. 4. Hence the nomination remained over for the new Senate to act upon.

The Argument. The opponents of Mr. Warren declared that he had been implicated in improper relations with the “Sugar Trust.” Some 20 years ago, he acted as agent for the American Sugar Refining Co. in acquiring stock in a number of Michigan sugar refineries. Lately, he has been President of the Michigan Sugar Refining Co., a consolidation which came out of these companies later. Some years ago, the “Sugar Trust” was investigated by Congress. Senator Reed of Missouri and Senator Walsh had cross-examined Mr. Warren on that occasion. They brought up the former investigation in their speeches. Senator Reed was particularly bitter. Said he:

I trust that a sufficient number of Senators who have not been seduced to political apostasy by the family sap bucket, or gorged into stupefaction by buckwheat cakes and Vermont maple syrup, or lulled to moral insensibility by the melody of waves breaking against the prow of the Mayflower— I trust there are enough left to vote against delivering the Department of Justice into the hands of the Sugar Trust.

To appoint Charles Beecher Warren to enforce the trust laws against himself and his associates is as wicked as to appoint Albert Fall special prosecutor of Harry Sinclair. Fall could be bought. Warren is owned in advance.

Fall hoped to escape prosecution. Warren will be assured against punishment. Fall aided others to commit crime. Warren connived and assisted in the execution of crime. Fall’s unlawful purpose was secret. Warren’s corrupt practices are today known.

Against this, Senator Cummins argued at length that Mr. Warren’s connection with the American Sugar Refining Co. had been perfectly proper and only such as he as a lawyer might legitimately undertake, that his connection with that company had ceased nearly 20 years ago and that the fact that he had served well one client was a presumption that he would serve well a new client— the U. S.

The Vote. Senators Couzens and Ferris (Michigan) voted against confirmation, both testifying high personal regard for Mr. Warren, but saying they could not vote for him. (Mr. Warren is not popular with the Republican organization in his native Michigan.) Senator after Senator voted. The Progressive and Insurgent Republicans, without exception, voted against confirmation. So did Hiram Johnson, administration opponent. So did all the Democrats except one, Lee S. Overman of North Carolina, who expressed the opinion that the President should be given the opportunity of choosing his own official family. The vote was obviously close. Republican leaders became uneasy.

When it was concluded, it was a tie, 40 to 40. Senator Moses in the chair tried to delay announcing the result in the hope that Mr. Dawes would arrive and cast the deciding vote in favor of Mr. Warren.

Senator Ashurst came up to the front of the chamber and called loudly for the result: “Let the result be announced.”

“If the Senator from Arizona will not interrupt, the result will be announced,” retorted the President pro tempore.

“Well,” said the playful Mr. Ashurst, “let there be no unseemly haste.”

To announce the tie was to announce the defeat of the nomination. Then Senator Reed of Pennsylvania, who had voted for confirmation, seeing the situation, changed his vote to “No” so that he could move for reconsideration. The result was announced: 41 against, to 39 for.

Mr. Reed immediately moved to reconsider, and Senator Walsh promptly countered with a motion to table Senator Reed’s proposal. Another roll call was ordered and begun.

It was just at this moment that Mr. Dawes arrived upon the scene.

The vote was again 40 to 40; every Senator who had voted against the nomination voted to table the motion to reconsider and vice versa. It seemed that Mr. Dawes might still cast a deciding vote. But Senator Overman, the sole Democrat who had voted for confirmation and against tabling, rose:

“Mr. President,” he announced, “I see that those on this side of the aisle (i. e. Democrats) do not want this man for Attorney General and so I change my vote.”

The result was read: 41 votes to table the motion to reconsider, 39 against.

Mr. Warren was beaten.

Subsequence. So went the drama for two acts, but the last act turned upon a different theme. Mr. Coolidge hearing of Mr. Warren’s defeat, telegraphed to Mr. Warren in Detroit to come to Washington. Senators called at the White House and gravely advised Mr. Coolidge to forget Mr. Warren quickly. The President consulted with Mr. Warren when the latter arrived and then, to the Senate’s surprise, nominated him a second time. The Senate was noticeably angry. Mr. Warren’s nomination was reported again from Committee, but this time adversely by vote of 9 to 7. An official statement was issued from the White House:

“The President is making every effort to secure the confirmation of Mr. Warren. . . . He has decided on no other appointment. [In case Mr. Warren is not confirmed] he will offer him a recess* appointment. He hopes, however, that the unbroken practice of three generations of permitting the President to choose his own cabinet will not be changed. …”

This aroused the ire of the opposition even more. Senator Walsh exclaimed on the floor:

“The Senate itself is under a test as to whether its power, given by the Constitution, shall be disregarded.”

Unable to yield with dignity, the Senate once again rejected Mr. Warren, 46-39. In this debate Senator Gillett made his maiden speech, defending Mr. Warren; Senator Borah, learned, eloquent, before packed galleries, espoused the Senatorial right to reject Mr. Warren.

*There is only one Senator Walsh in the Senate now— Thomas J. Walsh of Montana. Senator David I. Walsh of Massachusetts has retired in favor of Senator Gillett, who defeated him last fall. *A recess appointment is a temporary appointment which the President has power to make when the Senate is not in session (Constitution of the United States, Art. II, Sect. 2, clause 3).