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NOMINATION OF W. WILSON WHITE

HEARINGS

BEFORE THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

EIGHTY-FIFTH CONGRESS

SECOND SESSION

ON

NOMINATION OF W. WILSON WHITE, OF PENNSYLVANIA,
TO BE AN ASSISTANT ATTORNEY GENERAL TO
HEAD THE CIVIL RIGHTS DIVISION OF THE
DEPARTMENT OF JUSTICE

-36638

FEBRUARY 4 AND 25, 1958, AND JULY 18 AND 22, 1958

Printed for the use of the Committee on the Judiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

STANFORD LAW LIBRARY

8

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

ESTES KEFAUVER, Tennessee
OLIN D. JOHNSTON, South Carolina
THOMAS C. HENNINGS, JR., Missouri
JOHN L. MCCLELLAN, Arkansas
JOSEPH C. O'MAHONEY, Wyoming
SAM J. ERVIN, JR., North Carolina
JOHN A. CARROLL, Colorado

II

ALEXANDER WILEY, Wisconsin
WILLIAM LANGER, North Dakota
WILLIAM E. JENNER, Indiana
ARTHUR V. WATKINS, Utah
EVERETT MCKINLEY DIRKSEN, Illinois
JOHN MARSHALL BUTLER, Maryland
ROMAN L. HRUSKA, Nebraska

CONTENTS

Page

1

Statement of—

Hon. Joseph S. Clark, a U.S. Senator from the State of Pennsylvania_

Hon. Edward Martin, a U.S. Senator from the State of Pennsylvania. 21, 59

W. Wilson White, nominee for Assistant Attorney General, Civil
Rights Division of the Department of Justice__
3-19;
21-25; 37-58; 59-73; 81-89
Paul Ginsburg, attorney at law, Pittsburgh, Pa...............

EXHIBITS

Résumé of W. Wilson White, submitted by the Department of Justice__-

Article, as printed in the Washington Post and Times Herald on February

22, 1958, submitted by Senator Ervin_.

Article, enforcement of Federal court decrees: A "Recurrence to Funda-
mental Principles," by Alfred J. Schweppe, as published in the Feb-
ruary 1958 issue of American Bar Association Journal, submitted by
Senator Ervin__

Letter dated February 26, 1958, addressed to Hon. James O. Eastland
from W. Wilson White, with four enclosures, namely:

1. Brief for the appellees in Jackson v. Kuhn (this brief is not printed
in the hearings, but made a part of the committee files).

2. Copy of proclamation issued by President Eisenhower on Septem-

ber 23, 1957, in connection with the Little Rock, Ark., court

orders

3. Copy of Executive order issued September 24, 1957, in connection

with the same matter.

4. Copy of proclamation issued by President Cleveland on July 8,

1894, in connection with the Pullman strike in Illinois____

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NOMINATION OF W. WILSON WHITE

TUESDAY, FEBRUARY 4, 1958

U.S. SENATE,

COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The committee met, pursuant to call, at 3 p.m., in room 424, Senate Office Building, Senator James O. Eastland (chairman) presiding. Present: Senators Eastland, Kefauver, Johnston, O'Mahoney, Ervin, Carroll, Wiley, Jenner, Watkins, Dirksen, and Hruska.

Also present: Senator Joseph S. Clark of Pennsylvania; Robert B. Young, professional staff member, and Joseph A. Davis, chief clerk of the Senate Committee on the Judiciary.

Chairman EASTLAND. W. Wilson White, of Pennsylvania, to be Assistant Attorney General. Notice was published in the Congressional Record of January 23. Senator Martin by blue slip approved the nomination, Senator Clark by blue slip approves the nomination. Senator Clark?

Senator CARROLL. Mr. Chairman, Senator Clark saw me in the corridor sometime ago. He said he might not get here, and he wanted to convey to the chairman of this committee his approval of Mr. White and he highly recommended favorable action on his behalf.

Chairman EASTLAND. Now, is there anyone present who desires to appear in opposition of the confirmation of this nominee? Senator Clark is here now.

Do you desire to make a statement?

STATEMENT OF HON. JOSEPH S. CLARK, A U.S. SENATOR FROM THE STATE OF PENNSYLVANIA

Senator CLARK. Mr. Chairman, I am very grateful to you for the opportunity of making a statement in support of the nomination of Mr. W. Wilson White for this most responsible position. Mr. White and his family have been friends of mine, at least his family has for almost the last 50 years. He comes with a distinguished legal background, his father, Thomas Raeburn White, had been for many years one of the leading lawyers of Philadelphia. I have known Wilson White ever since he came to the bar. We practiced at the same bar together during the thirties and early forties.

While he is perhaps 10 years younger than I, I have seen him come along. And the point that I would like to stress to the Judiciary Committee is the quality of objectivity which Mr. White brings to his work. He is in no sense a partisan, he is fair and just, he is honest, and he is intelligent.

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