toward the close of the last session; business was heavy, and it seemed that there might be some objection which would delay consideration of the matter, and impede the important and pressing matters of the Senate, and the name of the nominee was not sent to the Senate.

I have been asked by Judge Page upon one or two occasions, in very brief conversations, and have been urged by him to see that a name, as far as I could, some name, was sent to the Senate. He felt that he would like to be relieved from the duties of the office, which he has continued, as I understand, to perform, at least in a very large measure from the time he reached the age of retirement until the present time. You all know, of course, that the business of the seventh circuit in which Chicago is located, is very heavy.

Judge Alschuler has also reached the retirement age, one of the present sitting judges of the same court, having passed the retirement age sometime ago, I think now almost a year, or more than a year ago, and he, likewise, finds conditions are such that it is of course quite necessary that this vacancy be filled.

Judge Wilkerson is now 62 years of age.
The CHAIRMAN. How old did you say?

Senator GLENN. He is now 62 years of age.

I think it is very fitting and proper to say something about his antecedents very briefly. He was born the son of poor parents, in the State of Indiana. His whole early life has been that of association with the humble, poor people of the Middle West. He is not the son of wealth. He has fought his own way up, and his father was buried last Sunday in Mount Ayr, Iowa, having died a few days before in St. Joseph, Mo., in a hospital. He died in his 89th year, and I have clipped a short account of his death, thinking it quite proper that this committee know something of the character of the antecedents of the nominee.

(Reading)

J. W. Wilkerson, judge's father, dies at age of 88. John W. Wilkerson, father of Federal Judge James H. Wilkerson, died yesterday in a hospital at St. Joseph, Mo. He was 88 years old. Judge Wilkerson, his sister, Mrs. Kate Wight, of New York, and his mother were at Mr. Wilkerson's side when he died.

Mr. Wilkerson enlisted in the Seventy-ninth Regiment Ohio Infantry at the outbreak of the Civil War when he was 17 years old and served throughout the struggle. He was with Sherman's troops on the march through Georgia.

He completed his education with textbooks which he carried to battle with him, and following the war moved to Iowa. He was made superintendent of schools in Mount Ayr, Iowa, in 1886, and in 1895 became county superintendent of schools in the same town. He served in that post for more than 20 years. His home was in Mount Ayr. He was taken to the St. Joseph hospital a few weeks ago when he became seriously ill.

So, as I said at the outset, the nominee's life, his whole life, from childhood up, has been one of intimate association and of participation in the struggles of the humble class of American citizens, and I desire to say now, at the outset, that his whole attitude is one of sympathy and kindliness, and human spirit for those who are numbered among the humble classes of our people, and I think before this whole situation is over, that it will be demonstrated to the satisfaction of this committee, and to the satisfaction of the Senate, and of the country, that no truer statement was ever made concerning a nominee, whose name has come before the Senate for consideration.

Now, James Herbert Wilkerson, the nominee-I was wrong when I said he was born in Indiana-he was born in Savannah, Mo., the son of John W. and Lydia Wilkerson; was graduated from Depauw University, Greencastle, Ind., in 1889; married Mary Roth of South Bend, Ind., on August 21, 1891. When he was graduated from DePauw University, he entered into the profession of teaching, and went to the high school in Hastings, Nebr., where he taught from 1890 to 1891. He was an instructor at DePauw University, his alma mater, from 1891 to 1893, and entered the law practice in Chicago in 1893. He has since resided in Chicago, or technically in Chicago, in Glenco, Ill., a suburb of Chicago.

He was elected a member of the Illinois House of Representatives, the general assembly in Illinois, in 1902, and he immediately began to display his great interest in public matters, and conducted successfully there the fight which led into the enactment of the civil service law of the State of Illinois. He is the father of that law, and responsible for it, so far as Illinois is concerned, and that is merely the beginning of his consistent career for progressive and forward looking measures, not only in legislation, but I believe along all the activities of his career until this time.

He introduced also and secured the passage of the constitutional amendment in that body for a new charter for the city of Chicago. He was appointed county attorney for Cook County, in 1903, and conducted important litigation involving questions of taxation, particularly providing for the taxation of the capital stock corporations.

He was appointed special attorney for the United States in 1906, in cases involving violations of the interstate commerce act, particularly prosecutions against the Standard Oil Co. I will refer to these more in detail a little later.

He was appointed special assistant to the Attorney General of the United States in 1910, in a proceeding against Swift & Co., Armour & Co., Morris & Co., and the National Packing Co., and their officers, for violations of the antitrust act.

He was appointed United States attorney for the Northern District of Illinois, and served from 1911 to 1914 in that capacity.

He was appointed chief assistant attorney general of the State of Illinois and counsel in the Illinois rate cases, from 1917 to 1918. He was appointed chairman of the Public Utilities Commission of the State of Illinois and served in that capacity from 1919 to 1921. He was appointed assistant attorney general of Illinois and served in that capacity from 1921 to 1922, and I may say that he had the actual and active charge of the legal end of that office. He did not have to do with the administration of the office. Of course, the attorney general had to do with that, but the law questions, the litigation, the study of legislative bills, counseling and advising with the State officers, as is the duty of that office, fell upon the shoulders of and was carried by this nominee.

He was appointed by Governor Lowden as chairman of the Public Utilities Commission of Illinois, and served in that capacity from 1919 to 1921, and I am told that in all the multifarious number of important decisions which were rendered under his guidance and leadership as chairman of that body in those strenuous years, no single decision was ever reversed by the courts.

He was appointed assistant attorney general of Illinois again in 1921 and 1922, and was appointed United States district judge for the Northern District of Illinois in 1922, and has served in that capacity until this time.

He belongs to the Union League Club, the University Club, and the Law Club of Chicago.

He lives with his wife and two children, two boys. They never, as I understand, had any children of their own, but they adopted two sons whom he has reared and who now reside with him, and he looks upon them with the same affection as he would upon bis natural children.

It is my belief, in which I am thoroughly sincere, and I desire to say now that my position in this matter, and my indorsement of Judge Wilkerson, came not at his solicitation, but came from the various and varying elements of the State from which I come. It came from people, regardless of station in life, of religious affiliations, or of party affiliations.

The Chicago Bar Association, representing thousands and thousands of the leading lawyers of that great city, urged his appointment upon me. Almost every bar association in every county in that district, and the district is not confined to Chicago or Cook County, but stretches westwardly across the State and comprises many of the largest and most prosperous counties of Illinois. They are practically unanimous, the lawyers of that great district in their indorsement of Judge Wilkerson. I think the only exception, perhaps, are those where they had some candidate from their respective county who had been mentioned in connection with the appointment, which would have made it embarrassing

The CHAIRMAN (interposing). Was any other name presented to the President?

Senator GLENN. To the President?

The CHAIRMAN. For this appointment.

Senator GLENN. I do not think any other name reached the President. I do not believe that anybody else was presented to the Attorney General or the President. I do not know what correspondence he had, but as far as I am concerned

The CHAIRMAN (interposing). Do you know whether the President considered anyone else or not?

Senator GLENN. I do not know.

Senator WALSH of Montana. What States are in the circuit?

Senator GLENN. What States?

Senator WALSH of Montana. Yes, What States?

Senator GLENN. Indiana, Wisconsin, and Illinois.

So that you may know the situation, I would say the present court consists of Judge Alschuler, a Democrat from Illinois, Judge Evans, a Democrat I believe from Wisconsin, and Judge Page, a Democrat from Illinois, who has retired, and of course they are calling in other district judges on special cases. That is the situation. I do not think that any other names-of course, Indiana has a judge, and Wisconsin has a judge. I think they urged no one, and it was generally accepted in the Northern District of Illinois that Wilkerson was the man best fitted for this position. There was no politics in the thing, that is, as far as I know. He never had been affiliated. He has not

been a factional politician at all. He has taken, of course, no active part in politics.

Senator DILL. But, he is a Republican.

Senator GLENN. Yes. He has been for 10 years. Of course, he served under Attorney General Brundage. Well, Brundage was the head of a faction in Chicago which had always been, well, rather bitterly opposed to the so-called Deneen faction. They were political competitors rather than political allies, and from the political standpoint, it would not have been in the interests of Senator Deneen to have indorsed Judge Wilkerson, rather to have selected one of his own crowd, but that was laid aside after the whole situation was canvassed, and it was not done hurriedly. Senator Deneen was thorough about it, but after the whole thing was studied carefully, then it was apparently conceded that Judge Wilkerson was the best suited man for the place, regardless of any political phase of it.

Senator ROBINSON of Indiana. The question of politics was raised by Senator Dill, as to the politics of the members of the court. Alschuler, Page, and Evans are are Democrats and Sparks is a Republican.

Senator GLENN. Yes; that is true. William M. Sparks, of Indiana, was appointed to succeed Judge Anderson.

Senator DILL. I just wanted to know their politics. That does not affect my view of the situation.

Senator ROBINSON of Indiana. That is the texture of the bench. Senator GLENN. Sparks, of Indiana, is a Republican; Evans, a Democrat from Wisconsin; Alschuler, a Democrat from Illinois; and Page, retired, but still acting upon the bench, a Democrat from Illinois.

The CHAIRMAN. Has Judge Wilkerson resided in Chicago ever since he has been a resident of Illinois?

Senator GLENN. Yes; he lives in a suburb of Chicago, about 18 or 20 miles north of Chicago-Glenco-but for all intents and purposes a resident of city of Chicago.

The CHAIRMAN. Was he a member of some law firm in Chicago? Senator GLENN. Yes.

The CHAIRMAN. What firm?

Senator GLENN. Wilkerson, Cassells, and Porter, when he went on the bench. I think that is correct, Wilkerson, Cassells, and Porter. The firm is now continuing, but of course, the name is changed. I do not know the name. It is Cassells, Porter, and somebody, and they are still there.

Now, in his activity as assistant United States district attorney, and as United States district attorney for Chicago, I call your attention to some of the landmarks in his career. It has been intimated that it would be claimed that he was a friend of special interests, and opposed to labor. Upon a review of his whole career, I believe this committee will be satisfied that that charge, or that intimation is not sustained.

As a young lawyer, he had charge of the prosecution of the Standard Oil Trust case, with which I know you people are all familiar. Senator WALSH of Montana. That is the $28,000,000 case? Senator GLENN. That is the $29,000,000 case.

Senator WALSH of Montana. In what capacity was he in that?

Senator GLENN. He was in charge of the prosecution of that case, and I think as an assistant United States district attorney, but doing the actual work, and having charge of the prosecution, a young lawyer, apparently receiving then around I suppose $2,500 or possibly $3,000 per annum, and he confronted leading lawyers of the whole country, the highest paid legal talent that that great corporation, great aggregation of wealth, special interests it was then charged, could command. He prosecuted the case, prepared the evidence, prepared the law, and argued the case.

Senator WALSH of Montana. There was a current opinion that the court was with him.

Senator GLENN. The court has usually been with him. In his whole career the court has almost unanimously, either the lower court or the higher court, been with him. In that case Judge Landis became overenthusiastic.

Senator BLAINE. Did not that case finally result in sort of a dud? Senator GLENN. Yes; but it was not Judge Wilkerson's fault. Judge Wilkerson established the case. He introduced the proof. Judge Landis, I say, became overenthusiastic.

The CHAIRMAN. Well, I do not know whether he did or not.

Senator GLENN. I am talking now of the opinion, the ultimate opinion of the higher courts.

The CHAIRMAN. It might be that the higher court was overenthusiastic.

Senator GLENN. That may be, but I am following the idea that as far as results are concerned, as far as the Government receiving the fine is concerned, the case was reversed because the fine was considered excessive by the higher courts, and so I say Judge Landis became overenthusiastic because if he had made a smaller fine it is probable that the ultimate result in the case would have been different.

At any rate, the facts are that in that great and important prosecution, Wilkerson was standing there not upon the side of special interests, but upon the side of the Federal Government opposing trusts and combinations, and all those things.

Now, you people are familiar with that case, and I will not proceed further with it.

He then took up the antitrust prosecution of the great packers of Chicago, that great industry.

Senator WALSH of Montana. Is that the case in which the immunity bath figured?

Senator GLENN. I think not.

Senator WALSH of Montana. Was not that the case in which the court ruled that they could not be prosecuted before they had testified before the Interstate Commerce Commission?

Senator GLENN. He was not involved in the immunity bath case, so I am informed by Mr. Sheean, who is a lawyer from Chicago, more familiar with some of those cases than I am.

Senator WALSH of Montana. Who was the United States attorney in the immunity bath case?

Senator GLENN. Charles B. Morrison was at that time. This is the Packers Trust case.

Senator WALSH of Montana. That was the Packers Trust case, was it not, the immunity bath case?

Mr. SHEEAN. There were two.

The CHAIRMAN. Give your name and address, please.