National Affairs: Too Late

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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: