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Justice - Personnel Attorney General (1)
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4520629
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Justice - Personnel Attorney General (1)
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Philip W. Buchen Files
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The original documents are located in Box 24, folder "Justice - Personnel Attorney General (1)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Some items in this folder were not digitized because it contains copyrighted materials. Please contact the Gerald R. Ford Presidential Library for access to these materials. Digitized from Box 24 of the Philip Buchen Files at the Gerald R. Ford Presidential Library Levi's View of Law an Enigmatic Web By Orr Kelly speeches he has written of dealing with the right- Otherwise we do not Star-News Staff Writer over the last 38 years offer ness or wrongness of the make use of the process few real answers but many decisions, Levi begins his which not only reflects but Reading Edward Hirsch useful clues discussion with an account helps create a collective Levi is like watching a About the closest he ever of a debate on morals and morality,' he says, and spider spin its web. comes to a strong, firmly the criminal law begun 14 we are on our way to an im- He first outlines the area stated opinion on a matter years earlier in a lecture at pairment of that morality the web will encompass, at- of public controvery is a the British Academy. and a widening gap be- taching the first thin comment on the death But, if the article does not tween the people and the threads securely at strate- penalty contained in a reveal Levi's personal view law. gic points. And then back speech to the New York Bar on abortion or repeat his and forth he goes, weaving Association in 1969: opinion on capital punish- DURING his career, the an intricate network from ment, it, like his other writ- 62-year-old Levi has been a which no idea can struggle "The more dramatic the ings, gives an insight into law professor, government free. criminal trial, probably the the workings of his mind. In official and trial lawyer (ãs Lawyers at, the Justice less it fulfills its proper pur- this case, he displays his first assistant in the Justice Department have been pose. The function of the reading Levi's writings in death penalty at the present strong feeling that the com- Department's antitruşt divi- time is largely to increase munity's moral consensus is sion during World War II), the last few weeks for clues better expressed through head of a law school and to his thinking on issues and the dramatic element. It the way his mind works, be- hovers over the entire legislation than through the university president. In all criminal system as a sym- kind of judicial decisions of his writings, his concern cause he appears before reached in the Supreme and respect for the law the Senate Judiciary Com- bol of harshness unaccept- mittee today and probably able in the modern world, Court decisions. See LEVI, A-6 tomorrow, and, shortly inappropriate in a society afterwards, in all likelihood, which must diminish vio- will become the new at- lence. Its effect is directly torney general of the United contrary to what should be States. desired, and its persistence is an example of legislative FOR THOSE who have inaction thwarting the mes- been looking for opinions sage of the law that tell how Levi, now the More typical of Levi's ap- president of the University proach is an article in the of Chicago, will deal with Washington and Lee Law specific issues when he re- Review in the fall of 1973 on places William B. Saxbe at the recent Supreme Court the Justice Department, the decisions on capital punish- 98 books, articles and ment and abortion. Instead FORD GERALD LIBRARY Bold Baxter Neal &Blen Magnficint Seyarb Trustees have and for Emith to stay beyond 65, in history very vignous 1st Time Chicago school '1 but not hrok-line & Sinker (one ye at (Ambride) No negative FORD is LIBRARY VEd wash Growald (212) 288 8020 Butel Wonderful; Henry Friends Decent, level headed, sound Walter Traynn schaffer ALI Council: not ontapoion, but never WAO ; self assumed Bruce Nichals Philp PhilpTone Tone Bill webater 8th Cir well-bled Able Gerry Gunther Admunble choice Too tough minded ? yet slems to chi Fust hand confum unform high regard etalying at DNo reservations Rm Hammmnd Great! chalets Roban [Bermon reaction always character Not constantly that way. Superb on his feet Now an executive. Will get best people Chicago trying to keep him on Has dellt of pllma drines ; has a OAVY fa prestige Very Rt wny hont be happy but less than dnyone of his Type HAMMON 1 CA- line up some very can Nixm supports to support him Groundon Levi Surprise of lavor Entrandinovy Good very high Exallit adm. at Chicago Undertand cuttom, but mostly Nubbed off. Statent Unit dealtwish Get t out of politics Not an ideologue m dny the LIBRARY GERALD ? FORD ITEM WITHDRAWAL SHEET WITHDRAWAL ID 01264 Collection/Series/Folder ID : 001900273 Reason for Withdrawal : DR, Donor restriction Type of Material : NOT, Notes Creator's Name Description : Buchen, Philip : ered for Attorney General. Notes on individuals being consid Creation Date : 12/1974? Date Withdrawn : 06/23/1988 sanitized version gened 1.7.91 DAY This is a sanitized photocopy of the Otiginal document Ford Library 2.7.91 GERALD LIBRARY R. FORD Paul Freund Tremendors arcess as Dedn of Pres. Harmong factor Everything know top match first rate Inspired choice gaining complexe fall - Nat very actuc at ALI concil mtg Al Sacks Excellent Cong posible Q.) i Enormous regad: abilit, toughous, judget Find out: whether too mach "toughter", Rigidity, Uniting to see others pt of view Natsaying to a problem. 2nprago: very good account of human If Chi a manolethic quality Stool for idea + made Hem come through on issue, pritty for removed (whe evening) from meet priv. college LO R. FORD LI Born 1411 = 65 51 P. Bator Tremendor succer in both academic jobs Wonderful, emotionally Ed. Kitch (Gont) Frank Alden Wally Blum Pon't know enuf Erwin Bell Baxter Dont know him personally GERALD LIBRARY R. FORD (w. Blum) off hand, splendid P. Neal. Ernest Brown Brinn MAYe Meye Highly regarded as scholl pen P.Neal Bob Stem Eveyone thinis highly of him Erwin. splended ucered h Acad + Intell Comm Bredster. Effective Dedn. t Preo. (312) 78- 06 Bob Stein Abilet Cegal &Adm veryhigh about 60 Ned/Rahl Magnilicent appt. 7th Cir. HAsn't been delive ora large faminy years me This is a sanitized photocopy of the otiginal document. Ford Library 17.91 Rm Birman Steadier than that Some kind of plant Unes: Cidncicy &tired : painful back condition Personal Observation my be uncebable , incomplete Probs could go away + the George shilts Bullidnt (via Rundeld) splen did manager A bit preckly (Cant tell what his thinking) Rockefeller (favors) (Nia DR BERALDR. FORD TIBRARY FORD i LIBRARY 1879 WHO'S WHO IN AMERICA N.Y.C., Dec. 28, 1911; 5. New Eng. Pathol. Soc.; hon. mem. Pacific Dermatol. Assn., Austrian, A. Bklyn. Coll., 1934; M.A., Brit., Danish, Finnish, French, German, Greek, Indian. Italian, 1960), 1959, Literature, Philosophy and the Imagination, 1962, 27. 1936; children-Conrad, Japanese, Polish, Venezuelan, Yugoslav dermatol. socs. Episcopalian. Humanism and Politics, 1969, The Humanities Today, 1970. Home: R. Bklyn., S.J. Tilden High Club: Harvard (Boston). Author: Histopathology of the Skin, 4th edit., 7003 Waterman Av S: Louis MO 63130 eatre, TV, 19+6-; star Sam 1967; Pemphigus and Pemphigoid, 1965; (with Ken Hashimoto) wo for the Money. 1955-56; Appendage Tumors of the Skin, 1969. Mem. editorial bd. Archives of LEVI, CARLO, writer, artist; b. 1902; studied medicine. Banished to is Show Business, 1951-54; Dermatology, 1963- Home: 780 Boylston St Boston MA 02199 So. Italy during Fascist regime; dir. L'italia Libera, daily, Rome, Italy, so several guest appearaces. Office: New Eng Med Center Boston MA 02111 1945-46; contbr. articles and drawings to L'Italia Socialista, 1947-13, Children, Nat. Assn. Pub. La Stampa, 1949-. Author: Christ Stopped at Eholi, 1945; Paura pres. Citizens Scholarship govs.). Author: Everything LEVERENZ, OSCAR TAYLOR, accountant; b. Milw., May 15, della liberta, 1946; Le Parole sono Piele, 1955; II Futuro Ha Un Cuore 1919; Oscar and Mary E. (Taylor) L.; B.A., U. Wis., 1940; postgrad. Antico, 1956; others. Address: Via di Ruffo 31 Rome Italy* Northwestern U., 1946-47; m. Marjorie Jean Peterson, Jan. 17, 1942; 1 son, Richard T. Mem. staff Arthur Andersen & Co., Chgo., 1945-51, LEVI, EDWARD HIRSCH, univ. pres., lawyer; b. Chgo., June 26, officer: b. N.Y.C., Nov. 12, 1911; Gerson B. and Elsa B. (Hirsch) L; Ph.B., U. Chgo., 1932, J.D., B.B.A., Coll. City N.Y., audit mgr., Dallas, 1951-56, partner charge Ft. Worth Office, 1962-66, 1966; in. Marilyn Carroll dir. Western U.S. operations, 1966-70, mng. partner Denver office, 1935; J.S.D., Yale (Sterling fellow 1935-36), 1938; LL.D., U. Mich., 1970-. sec., treas., dir. Republic Natural Gas Co., Dallas, 1956-61. 1959, U. Cal. at Santa Cruz, Jewish Theol. Sem. Am., U. la., Brandeis il Catherine, Jenifer Falk. lant, 1940-42; joined U.S. Mem. nat. bd. dirs. Jr. Achievement, 1968. Served to It. USNR, U., Lake Forest Coll., U. Rochester, Loyola U., Chgo.; L.H.D., 1941-45. C.P.A., Tex. Mem. Am. Inst. C.P.A.'s, Financial Execs. Hebrew Union Coll., U. Rochester, U. Toronto, Loyola U.; m. Kate rance. 1945-47, Nanking, Inst., Am. Accounting Assn., Phi Kappa Sigma. Home: 480 S Marion Sulzberger, June 4, 1946; children-John, David, Michael. Asst. prof. 2. State Dept., 1952-54, Pkwy Denver CO 80209 Office: 1700 Broadway Denver CO 80202 U. Chgo. Law Sch., 1936-40, prof. law, 1945-, dean, 1950-62, beria. 1959- 61; exec. dir. provost univ., 1962-68, univ. pres., 1968-; Thomas Guest prof. U. Dept., 1962-66, Bur. Latin for adminstrn., Caracas, LEVERETT, MILES CORRINGTON, nuclear engr.; b. Danville, Colo., summer 1960; spl. asst. to atty. gen. U.S., 1940-45; 1st asst. war div. Dept. Justice, 1943, 1st asst. antitrust div erved with AUS, 1942-45; III., Dec. 18, 1910; S. Warren H. and Joanna (Corrington) L.; B.S., interdepti. com. on Legion, City Coll. Alumni Kan. State Coll., 1931; M.S., U. of Okla, 1932; Sc.D., Mass pt State Washington DC Tech., 1938; m. Nancy Walker Out Marathon 1879 WHO'S WHO IN AMERICA N.Y.C., Dec. 28. 1911; S. New Eng. Pathol. Soc.; hon. mem. Pacific Dermatol. Assn., Austrian, 4. Bklyn. Coll., 1934; M.A., Brit., Danish. Finnish, French, German, Greek, Indian, Italian, 1960), 1959, Literature. Philosophy and the Imagination, 1962, 27. 1936; children-Conrad, Japanese, Polish, Venezuelan, Yugoslav dermatol. SOCS. Episcopalian. Humanism and Politics, 1969, The Humanities Today, 1970. Home: a., Bklyn., S. J. Tilden High 7008 Waterman Av St Louis MO 63130 Club: Harvard (Boston). Author: Histopathology of the Skin, 4th edit., eatre, TV, 19+6-; star Sam 1967; Pemphigus and Pemphigoid, 1965; (with Ken Hashimoto) wo for the Money. 1955-56; Appendage Tumors of the Skin, 1969. Mem. editorial bd. Archives of LEVI, CARLO, writer, artist; b. 1902; studied medicine. Banished to is Show Business. 1951-54; Dermatology, 1963-. Home: 780 Boylston St Boston MA 02199 So. Italy during Fascist regime; dir. L'Italia Libera, daily, Rome, Italy. so several guest appearaces. Office: New Eng Med Center Boston MA 02111 1945-46; contor. articles and drawings to L'Italia Socialista, 1947-43, : Children, Nat. Assn. Pub. La Stampa, 1949-. Author: Christ Stopped at Eholi, 1945; Paura pres. Citizens Scholarship LEVERENZ, OSCAR TAYLOR, accountant: b. Milw., May 15, della liberta, 1946; Le Parole sono Piele. 1955; = Futuro Ha Un Cuore govs.). Author: Everything 1919; Oscar and Mary E. (Taylor) L.; B.A., U. Wis., 1940; postgrad. Antico, 1956; others. Address: Via di Ruffo 31 Rome Italy* Northwestern U., 1946-47; m. Marjorie Jean Peterson, Jan. 17, 1942; I son, Richard T. Mem. staff Arthur Andersen & Co., Chgo., 1945-51, LEVI, EDWARD HIRSCH, univ. pres., lawyer; b. Chgo., June 26, efficer: b. N.Y.C., Nov. 12, audit mgr., Dallas, 1951-56, partner charge Ft. Worth Office, 1962-66, 1911; 5. Gerson B. and Elsa B. (Hirsch) L; Ph.B., U. Chgo., 1932, J.D., :: B.B.A., Coll. City N.Y., dir. Western U.S. operations, 1966-70, mng. partner Denver office, 1935; J.S.D., Yale (Sterling fellow 1935-36), 1938; LL.D., U. Mich., 1966; in. Marilyn Carroll 1970-. sec., treas., dir. Republic Natural Gas Co., Dallas, 1956-61. 1959, U. Cal. at Santa Cruz, Jewish Theol. Sem. Am., U. Ia., Brandeis il Catherine, Jenifer Falk. lant; 1940-42: joined U.S. Mem. nat. bd. dirs. Jr. Achievement, 1968. Served to It. USNR, U., Lake Forest Coll., U. Rochester, Loyola U., Chgo.; L.H.D., runce, 1945-47, Nanking, 1941-45. C.P.A., Tex. Mem. Am. Inst. C.P.A.'s, Financial Execs. Hebrew Union Coll., U. Rochester, U. Toronto, Loyola U.; m. Kate Suizberger, June 4, 1946; children-John, David, Michael. Asst. prof. 2. State Dept., 1952-54, Inst., Am. Accounting Assn., Phi Kappa Sigma. Home: 480 S Marion seria. 1959- 61; exec. dir. Pkwy Denver CO 80209 Office: 1700 Broadway Denver CO 80202 U. Chgo. Law Sch., 1936-40, prof. law, 1945-, dean, 1950-62, provost univ., 1962-68, univ. pres., 1968-; Thomas Guest prof. U. Dept., 1962-66. Bur. Latin Colo., summer 1960; spl. asst. to atty. gen. U.S., 1940-45; 1st asst. war for adminstrn., Caracas, LEVERETT, MILES CORRINGTON, nuclear engr.; b. Danville, reved with AUS, 1942-45; III, Dec. 18, 1910; S. Warren H. and Joanna (Corrington) L.; B.S., div. Dept. Justice, 1943, 1st asst. antitrust div., 1944-45; chmn. interdeptl. com. on monopolies and cartels, 1944; counsel Fedn. legion, City Coll. Alumni Kan. State Coll., 1931; M.S., U. of Okla., 1932; Sc.D., Mass. Inst. Tech., 1938; m. Nancy Walker, Oct. 18, 1938. Asst. chemist Atomic Scientists with respect to Atomic Energy Act, 1946, subcom. pt State Washington DC Marathon Paper Mills Co., Menasha, Wis., 1932, Phillips Petroleum on monopoly power Judiciary Com., 81st Congress, 1950. Mem. research adv. bd. Com. Econ. Devel., 1952-56; bd. Social Sci. Co., Barlesville, Okla., 1933; Sr. research engr. Humble Oil & Refining o. exec.; b. N.Y.C., Aug. Co., Houston, 1938-42. research asso., 1948-49; dir. tech. div. Clinton Research Council, 1959-62; chmn. Council Legal Edn. and Profl. St. Lawrence U., 1948; Labs., 1942-48; tech. dir. nuclear energy for propulsion of aircraft Responsibility; mem. Citizens Commn. Grad. Med. Edn., 1963-66, Comma. Founds. and Pvt. Philanthropy, 1969-70, Pres. Task Force vrison, May 18, 1956; project Fairchild Engine and Airplane Corp., 1949-51; engr., mgr. Priorities in Higher Edn., 1969-70, Sloan Commn. Cable ader Mfg. Co., N.Y.C., aircraft nuclear propulsion project Gen. Electric Co. 1951, then mgr. devel. labs. aircraft nuclear propulsion dept., then cons. engr. Hanford Communications, 1970-, Nat. Comma. Productivity, 1970. any City, 1951- 61; pres. atomic products operation Gen. Electric Co., Richland, Wash., mgr. Trustee U. Chgo., Internat. Legal Center, Inst. Psychoanalysis Chgo. 961-64; with Philips Urban Inst., Mus. Sci. and Industry, Russell Sage Found., Aspen Served with USNR, engring. N-Reactor dept., now mgr. nuclear safety appraisal. Fellow Humanistic Studies Inst. Internat Eda )H 45409 Office: 4509 Am. Nuclear Soc. (pres. 1960-61); mem. Am. Phys. Soc., Am. Inst. Scis., Chem. Engrs., Am. Inst. Mining and Metail Home: 15233 Via 1879 WHO'S WHO IN AMERICA N.Y.C., Dec. 28, 1911; 3. New Eng. Pathol. Soc.; hon. mem. Pacific Dermatol. Assn., Austrian, 1.. Bklyn. Coll., 1934; M.A., Brit., Danish, Finnish, French. German, Greek, Indian, Italian, 1960), 1959, Literature, Philosophy and the Imagination, 1962, 27. 1936; children-Conrad, 3., Bilyn., S. J. Tilden High Japanese, Polish, Venezuelan, Yugoslav dermatol. socs. Episcopalian. Humanism and Politics, 1969, The Humanities Today, 1970. Home: Club: Harvard (Boston). Author: Histopathology of the Skin, 4th edit., 7008 Waterman Av St Louis MO 63130 eatre, TV, 19+6-; star Sum wo for the Money, 1955-56; 1967; Pemphigus and Pemphigoid, 1965: (with Ken Hashimoto) Appendage Tumors of the Skin, 1969. Mem. editorial bd. Archives of LEVI, CARLO, writer, artist; b. 1902; studied medicine. Banished to is Show Business, 1951-54; Dermatology, 1963- Home: 780 Boylston St Boston MA 02199 So. Italy during Fascist regime: dir. L' Italia Libera, daily, Rome, Italy. w several guest appearaces. Office: New Eng Med Center Boston MA 02111 1945-46; contor. articles and drawings to L'Italia Socialista, 1947-43, Children, Nat. Assn. Pub. La Stampa, 1949-. Author. Christ Stopped at Eholi, 1945; Paura pres. Citizens Scholarship govs.). Author: Everything LEVERENZ, OSCAR TAYLOR, accountant; b. Milw., May 15, della liberta, 1946; Le Parole sono Piele, 1955; II Futuro Ha Un Cuore 1919; 3. Oscar and Mary E. (Taylor) L.; B.A., U. Wis., 1940; postgrad. Antico, 1956; others. Address: Via di Ruffo 31 Rome Italy* Northwestern U., 1946-47; m. Marjorie Jean Peterson. Jan. 17, 1942; 1 son, Richard T. Mem. staff Arthur Andersen & Co., Chgo., 1945-51, LEVI, EDWARD HIRSCH, univ. pres., lawyer; b. Chgo., June 26, fficer; b. N.Y.C., Nov. 12, audit mgr., Dallas, 1951-56, partner charge Ft. Worth Office, 1962-66, 1911;s. Gerson B. and Elsa B. (Hirsch) L; Ph.B., U. Chgo., 1932, J.D., -: B.B.A., Coll. City N.Y., dir. Western U.S. operations, 1966-70, mng. partner Denver office, 1935; J.S.D., Yale (Sterling fellow 1935-36), 1938; LL.D., U. Mich., 1966; in Marilyn Carroll 1970-. sec., treas., dir. Republic Natural Gas Co., Dallas, 1956-61. 1959, U. Cal. at Santa Cruz, Jewish Theol. Sem. Am., U. Ia., Brandeis / Catherine, Jenifer Falk. Mem. nat. bd. dirs. Jr. Achievement, 1968. Served to It. USNR, U., Lake Forest Coll., U. Rochester, Loyola U., Chgo.; L.H.D., ant, 1940-42; joined U.S. rance. 1945-47, Nanking. 1941-45. C.P.A., Tex. Mem. Am. Inst. C.P.A.'s, Financial Execs. Hebrew Union Coll., U. Rochester, U. Toronto, Loyola U.; m. Kate Inst., Am. Accounting Assn., Phi Kappa Sigma. Home: 480 S Marion Sulzberger, June 4, 1946; children-John, David, Michael. Asst. prof. 2. State Dept., 1952-54, Pkwy Denver CO 80209 Office: 1700 Broadway Denver CO 80202 U. Chgo. Law Sch, 1936-40, prof. law, 1945-, dean, 1950-62, peria, 1959- 61; exec. dir. provost univ., 1962-68, univ. pres., 1968-; Thomas Guest prof. U. Dept., 1962-66, Bur. Latin for adminstrn., Caracas, LEVERETT, MILES CORRINGTON, nuclear engr.; b. Danville, Colo., summer 1960; spl. asst. to atty. gen. U.S., 1940-45; 1st asst. war rved with AUS, 1942-45; III., Dec. 18, 1910; S. Warren H. and Joanna (Corrington) L.; B.S., div. Dept. Justice, 1943, 1st asst. antitrust div., 1944-45; chmn. egion, City Coll. Alumni Kan. State Coll., 1931; M.S., U. of Okla, 1932; Sc.D., Mass. Inst. interdepti. com. on monopolies and cartels, 1944; counsel Fedn. Tech., 1938; m. Nancy Walker, Oct. 18, 1938. Asst. chemist Atomic Scientists with respect to Atomic Energy Act 1016 'pt State Washington DC Marathon Paper Mills Co., Menasha, Wis., 1932, Phillips Petroleum on monopoly power Co., Barlesville, Okla., 1933; Sr. research Co., N.Y.C. 1879 WHO'S WHO IN AMERICA N.Y.C., Dec. 28, 1911; S. New Eng. Pathol. Soc.; hon. mem. Pacific Dermatol. Assn., Austrian, 1960), 1959, Literature, Philosophy and the Imagination, 1962, A., Bklyn. Coll., 1934; M.A., Brit., Danish, Finnish, French, German, Greek, Indian, Italian, Humanism and Politics, 1969, The Humanities Today, 1970. Home: 27, 1936; children--Conrad, Japanese, Polish, Venezuelan, Yugoslav dermatol. socs. Episcopalian. 7008 Waterman Av St Louis MO 63130 h., Bklyn., S. J. Tilden High Club: Harvard (Boston). Author: Histopathology of the Skin, 4th edit., leatre, TV, 1946-; star Sam 1967; Pemphigus and Pemphigoid, 1965; (with Ken Hashimoto) LEVI, CARLO, writer, artist; b. 1902; studied medicine. Banished to wo for the Money, 1955-56; Appendage Tumors of the Skin, 1969. Mem. editorial bd. Archives of So. Italy during Fascist regime; dir. L'Italia Libera, daily, Rome, Italy, $ is Show Business, 1951-54; Dermatology, 1963-. Home: 780 Boylston St Boston MA 02199 1945-46; contbr. articles and drawings to L'Italia Socialista, 1947-48, so several guest appearaces. Office: New Eng Med Center Boston MA 02111 La Stampa, 1949-. Author: Christ Stopped at Eholi, 1945; Paura d Children, Nat. Assn. Pub. della liberta, 1946; Le Parole sono Piele, 1955; II Futuro Ha Un Cuore pres. Citizens Scholarship LEVERENZ, OSCAR TAYLOR, accountant; b. Milw., May 15, Antico, 1956; others. Address: Via di Ruffo 31 Rome Italy* govs.). Author: Everything 1919; S. Oscar and Mary E. (Taylor) L.; B.A., U. Wis., 1940; postgrad. Northwestern U., 1946-47; m. Marjorie Jean Peterson, Jan. 17, 1942; LEVI, EDWARD HIRSCH, univ. pres., lawyer; b. Chgo., June 26, 1 son, Richard T. Mem. staff Arthur Andersen & Co., Chgo., 1945-51, 1911; S. Gerson B. and Elsa B. (Hirsch) L; Ph.B., U. Chgo., 1932, J.D., officer; b. N.Y.C., Nov. 12, audit mgr., Dallas, 1951-56, partner charge Ft. Worth Office, 1962-66, 1935; J.S.D., Yale (Sterling fellow 1935-36), 1938; LL.D., U. Mich., L; B.B.A., Coll. City N.Y., dir. Western U.S. operations, 1966-70, mng. partner Denver office, 1959, U. Cal. at Santa Cruz, Jewish Theol. Sem. Am., U. Ia., Brandeis 1966; m. Marilyn Carroll 1970-. sec., treas., dir. Republic Natural Gas Co., Dallas, 1956-61. U., Lake Forest Coll., U. Rochester, Loyola U., Chgo.; L.H.D., ail Catherine, Jenifer Falk. Mem. nat. bd. dirs. Jr. Achievement, 1968. Served to It. USNR, Hebrew Union Coll., U. Rochester, U. Toronto, Loyola U.; m. Kate stant, 1940-42; joined U.S. 1941-45. C.P.A., Tex. Mem. Am. Inst. C.P.A.'s, Financial Execs. Sulzberger, June 4, 1946; children-John, David, Michael. Asst. prof. France, 1945-47, Nanking, Inst., Am. Accounting Assn., Phi Kappa Sigma. Home: 480 S Marion U. Chgo. Law Sch., 1936-40, prof. law, 1945-, dean, 1950-62, 52, State Dept., 1952-54, Pkwy Denver CO 80209 Office: 1700 Broadway Denver CO 80202 provost univ., 1962-68, univ. pres., 1968-; Thomas Guest prof. U. iberia, 1959- 61; exec. dir. Colo., summer 1960; spl. asst. to atty. gen. U.S., 1940-45; 1st asst. war Dept., 1962-66, Bur. Latin LEVERETT, MILES CORRINGTON, nuclear engr.; b. Danville, div. Dept. Justice, 1943, 1st asst. antitrust div., 1944-45; chmn. y for adminstrn., Caracas, III., Dec. 18, 1910; S. Warren H. and Joanna (Corrington) L.; B.S., interdeptl. com. on monopolies and cartels, 1944; counsel Fedn. Served with AUS, 1942-45; Kan. State Coll., 1931; M.S., U. of Okla., 1932; Sc.D., Mass. Inst. Atomic Scientists with respect to Atomic Energy Act, 1946, subcom. Legion, City Coll. Alumni Tech., 1938; m. Nancy Walker, Oct. 18, 1938. Asst. chemist on monopoly power Judiciary Com., 81st Congress, 1950. Mem. Sept State Washington DC Marathon Paper Mills Co., Menasha, Wis., 1932, Phillips Petroleum research adv. bd. Com. Econ. Devel Co., Barlesville, Okla., 1933; Sr. research engr. Humble Public Law 93-178 93rd Congress, H. R. 11710 December 10, 1973 An Act 87 STAT, 697 To insure that the compensation and other emoluments attached to the Office of Attorney General are those which were in effect on January 1, 1969. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the compensa- Office of tion and other emoluments attached to the Office of Attorney General the Attorney shall be those which were in effect on January 1, 1969, notwithstanding General. the provisions of the salary recommendations for 1969 increases trans- Compensation mitted to the Congress on January 15, 1969, and notwithstanding any and other other provision of law, or provision which has the force and effect of emoluments. law, which is enacted or becomes effective during the period from 83 Stat. 863. noon, January 3, 1969, through noon, January 2, 1975. 5 USC 5312 and note. SEC. 2. (a) Any person aggrieved by an action of the Attorney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have USC prec. title exclusive jurisdiction, without regard to the sum or value of the matter 1. in controversy, to determine the validity of such appointment and continuance in office. (b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the pro- visions of section 2284 of title 28, United States Code. Any appeal 62 Stat. 968; from the action of a court convened pursuant to such section shall lie 74 Stat. 201. to the Supreme Court. (c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited. Approved December 10, 1973. is FORD GERALD LIBRARY LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 119 (1973): Dec. 3, considered and passed House. Dec. 6, considered and passed Senate, amended. Dec. 7, House concurred in Senate amendment. GPO 99-139 Political labels Justice 40-45 Probably called Dem. LUCA objected Hoover Nixon Usually mat w puncises ; certainly not recently "Independent" Contab t Percy Steensen wife Clark (in) Viewed by sme a Rep As Den Declined: Gen Cal of Kmem 45-50 FORD . GERALD LIBRARY day Prod Fold Fndn / MM LAn +Bohu scene Dedn t. be he ovall charge Juy. Arbitistion. TAX &Pub opinion That part of lAw concd c/ laymon interaction Meltzer, Kurland Leci directed for mos, Kalven Directed I Ed Kitch Bdr Hill Aan Committee of KansA City of chrelforde of Pulps th cir Judge + Counsel approval Control f fate ! who operated sartchs Mariud myed Ocall chays, but not drector of buffing 5. CAs recorded & compare 4 artificial Jadys showed Phillys so proud ; he crant had control of taps i wanted to July use then before 10th (ir conference. Levi objected. func timing (others bake judges there). vary well Philys did it. (Signed Very statent that he had given perman .) LAW subsequent pasal t make t llgal TAps destyed TONG is LIBRARY Accused of taxing materials for AT Div m 45 Smoent decues &reports should be made available Didn't Know who Asked AT Dir office mg to go ove & Deparate + determine what shall be sent. Levi had mothing to do with selection Files some and katial, lucket fn andry years 52 Avial for FBI mustystion From decutary explained Enstland Heary painte Practice - 40-45: 8mos 1st Art WAR Div. (HaghCax) Antetnt (gene Sepv.) - Dean '51 - Spl Corl Cella Can 50-51 Newsprint tstell Many states a dipated Fanles: faust hearing they ever had Cardrzo lecture (durly attl ant 69) The Crisis of LAW: Statent of inpatime of law, ligitarity, Conservative statent Diff between Its + obligation on ENec +Legil Tacker Lectine (andh thee) LAW + Moral Legalatic cutage I. (Abntint CApital ) speal Rob of LAW / matter Entering student TAlk : LAw +ct not everything LIBRARY GERALD Sclberman I 1) Primary problem protocol : Pat 0'Donnel called the off flor to tell the 2) Mne when affirmative Levy CAM6: piodocol have Pres mut of then w/ Leuy Kaslogs gother? 3) Left Duffer filter II Philosophy w/ the wind Cons lawyer they trust (e.g. Bonk) to analyze his writings for EH H E III Juny things Mon of Tue M (eop H) LAW + order enforcent to support hem vignousl, sp the knous H Private communications (mot public) Care Rowdn : Landatay Editial. Diffeet 2 mos or Threaten no judges FORD : LIBRARY 938839 velde # Johnoon H Saybe very cluse + E: P SArbe tu Arc In help of talk w/ E Albert, But Jenner (312) 222 9350 220 245 LARRY Wabh 4 Chuck Pency MS. Menshicoff (JE DAVIS) ( 2wick (SE Natl Wriston wabe Chet. Smith FORD i LIBRARY QERALD Monsfuld challets Bill years (St oil) advise H re chi ben Comm Peasul Levi not to sell all M TR Noon Mtg. Circus Katherine Eraham Percy: what should he do FORD & LIBRARY 076330 THE WHITE HOUSE WASHINGTON Fuley EAstland will give as trough GERALD LIBRARY ? FORD THE WHITE HOUSE WASHINGTON JAWOSKI will get to Tower (thru Amb. clarke) will ty then will edll Hrusked FORD is LIBRARY 076835 Hruska buddy t, Chatters No prob. H edn handle E (he sap.) & open line to Levi eg., like Selberndn 2 Drut ,bat not he cards "No premend motions" NoProblem (Speers) Eds - willing anther th cirit that of - Hynsied Not be hulfy But Ed won't metate Hopp of present itelf, then HRUSKA set-up, LIBRARY GERALD R. FORD - THE WHITE HOUSE WASHINGTON 12/31/74 Re: EdLevi Phil A: Hadcoll from BobBork who reported: 1) He had lunch with Son. Hruska and believes he made some progress in behalf of Ed. Levi. ) Ho would beglad to call Prof. Myers McDougal of the Yale Law School Sen. Eastland) to request (a former classmate of contact with Eastland In behalf of Ed. I advised I would respond rssoonas wc had planned ourstrategy. P. 2 A WAO, lS, Albert Jenner & Ben Helneman, Prsf che NW RR Co 1943 - People N. Dis Come, 48- - JH UNAL Act a as "spyhent" Burder (Mkd, botton Up by Note Fed In Cut Libs FORD LIBRARY is 07V839 Benie Siegal Arlen Spector Peter Wallism Ed Levi / Hunked - writings by t about Ed. Back Sat. Bob Kutak former H aide of forma stud. of Levi (Phela) He talked of H H to mut w/ Kutaic on sat m Nebraskd H To see Argal Monday of Kutak thing it By wes, S hops t reach (regreschy former are of EAtlAnd, practicing fn JACKSON Mis, will report back by Spec Pros Crylite on FRI FORD & 038870 LIBRARY Judice Dept. Thursday 10/31/74 12:10 John Crewdson of the New York Times wants to 293-3100 talk with you -- about important affairs of state. Wants to discuss a report that there is a decision that's been made to replace the Attorney General after the election, I checked with the Press Office to see if they had had such calls; Larry Speakes is to call me back, (I saw an article in the paper the other day -- Jack Anderson says Charles Goodell will be the FORD ; LIBRARY GENALD next Attorney General) speakes suggests (if you want to talk has is crewdson indicated you columet would stay. might just say the President Levi file (A (At) December 11, 1974 TO: DON RUMSFELD FROM PHIL AREEDA 1. As you asked. 2. Saxbe is out of town today. I will ask him for a letter tomorrow morning. Attachment: Memo to President " : he. Backer FORDO -- GERALD LIBRARY ACTION December 11, 1974 MEMORANDUM FOR THE PRESIDENT FROM: PHILLIP AREEDA SUBJECT: LARRY SILBERMAN In connection with the change in the Attorney Generalship, I recommend that you visit with, or at least telephone, Larry Silberman. You might want to make the following points with him. 1) I want you to know that Attorney General Saxbe will be leaving. 2) I also want you to know that I have the highest regard for your work as Deputy Attorney General. People in other Departments and my own staff who work with you have nothing but praise for your intelligence, judgment and cooperativeness. 3) You were one of the few people that I considered carefully for the post of Attorney General. In the end I have decided to offer the post to Ed Levi who, as you doubtless know, is the former Dean of the University of Chiengo Law School and now President of that University. (But, of course, this decision is not entirely final until all the checks have been completed.) 4) It is because I have decided to appoint someone else that I wanted to be sure to tell you personally how highly I value your work and how grateful I have been for your help. FORD i LIBRARY GERALD - 2 - 5) I certainly hope you will stay on as Deputy Atterney General--at least for a reasonable transition period. But, in whatever capacity, this Administration certainly needs your continued help. PA Chron. Memo to President's file Levi (AG) file LIBRARY GERALD R. FORD THE ATTORNE WASHINGTU December 12, 1974 Justice Dear Mr. President: I hereby submit my letter of resignation as Attorney General of the United States of America so that I may accept the new responsibility which you have assigned to me as United States Ambassador to the Republic of India, subject to confirmation by the Senate of the United States. As we agreed, it is my intention to make my resignation effective upon my appointment as Ambassador, or, in the alternative, upon the appointment of my successor as Attorney General, whichever occurs earlier. I want to take this opportunity to express to you, Mr. President, my appreciation for the opportunity to serve as Attorney General. A strong Department of Justice is vital to our country, and I can assure you that the officials of this Department will cooperate in every way with my successor in order that the interests of government and the people may best be served. Respectfully, Wm B Sayhe William B. Saxbe The President The White House Washington, D. C. LIBRARY GERALD F. FORD December 11, 1974 TO: DON RUMSFELD FROM PHIL AREEDA 1. As you asked. 2. Saxbe is out of town today. I will ask him for a letter tomorrow morning. Attachment: Memo to President cc: Mr. Buchen FORD : QERALD LIBRARY ACTION December 11, 1974 MEMORANDUM FOR THE PRESIDENT FROM: PHILLIP AREEDA SUBJECT: LARRY SILBERMAN In connection with the change in the Attorney Generalship, I recommend that you visit with, or at least telephone, Larry Silberman. You might want to make the following points with him. 1) I want you to know that Attorney General Saxbe will be leaving. 2) I also want you to know that I have the highest regard for your work as Deputy Attorney General. People in other Departments and my own staff who work with you have nothing but praise for your intelligence, judgment and cooperativeness. 3) You were one of the few people that I considered carefully for the post of Attorney General. In the end I have decided to offer the post to Ed Levi who, as you doubtless know, is the former Dean of the University of Chicago Law School and now President of that University. (But, of course, this decision is not entirely final until LIBRARY GERALD P. FORD all the checks have been completed.) 4) It is because I have decided to appoint someone else that I wanted to be sure to tell you personally how highly I value your work and how grateful I have been for your help. . 2 . 5) I certainly hope you will stay on as Deputy Attorney General--st least for a reasonable transition period. But, is whatever capacity, this Administration certainly needs your continued help. PA Chron. Memo to President's file Silberman file Levi (AG) file cc: ha. Buchen LIBRARY GERALD ? FORD THE ATTORNEY GENERAL WASHINGTON December 12, 1974 Dear Mr. President: I hereby submit my letter of resignation as Attorney General of the United States of America SO that I may accept the new responsibility which you have assigned to me as United States Ambassador to the Republic of India, subject to confirmation by the Senate of the United States. As we agreed, it is my intention to make my resignation effective upon my appointment as Ambassador, or, in the alternative, upon the appointment of my successor as Attorney General, whichever occurs earlier. I want to take this opportunity to express to you, Mr. President, my appreciation for the opportunity to serve as Attorney General. A strong Department of Justice is vital to our country, and I can assure you that the officials of this Department will cooperate in every way with my successor in order that the interests of government and the people may best be served. Respectfully, W B Sayhe William B. Saxbe The President The White House Washington, D. C. LIBRARY GERALD P. FORD MEMORANDUM THE WHITE HOUSE WASHINGTON December 13, 1974 MEMORANDUM FOR: JACK MARSH FROM: PHIL AREEDA pA SUBJECT: SALARY OF ATTORNEY GENERAL When Saxbe was made Attorney General, the Congress enacted P. L. 93-178 reducing the compensation of that office in order to comply with Article I, Section 6 of the Constitution. That Section precludes the appointment of a Senator to an office whose salary was increased during the period for which that Senator was elected. Saxbe's Senatorial term would have ended this year. And, as you know, there will soon be a new Attorney General. Accordingly, it is appropriate to repeal P. L. 93-178 and to provide that the Attorney General's compensation should be the same as that of other Cabinet members. A draft bill is attached for that purpose. Perhaps this is a matter on which Congress could act routinely and expeditiously before it adjourns. I have coordinated this matter with Silberman, Ebner and Walker They all agree. I have not consulted anyone else. Phil Bachon also agrees Attachment LIBRARY GERALD FORD Spike to Sen H- Sco whither tt there's a question advise Jegis this. is needed. He's to One same. m 12/16 CONGRESS S. (Nors.-Fill in all blank lines except those provided for the date and SESSION number of bill.) IN THE SENATE OF THE UNITED STATES Mr. introduced the following bill; which was read twice and referred to the Committee on LIBRARY GERALD R. FOR A BILL Compensation and other emoluments attached to the Office of the Attorney General. (Insert title of bill here) 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the first section of the Act entitled "An 4 Act To insure that the compensation and other 5 emoluments attached to the Office of the Attorney 6 General are those which were in effect on Janu- 7 ary 1, 1969" (Public Law 93-178; 87 Stat. 697), is 8 repealed effective as of January 3 , 1975, 9 and the compensation and other emoluments attached 10 to the Office of the Attorney General shall, on 11 and after that date, be those that now or here- 12 after attach to offices and positions at 13 level I of the Executive Schedule (5 U.S.C. 5312). in ШУ-хой) her odt 101 behivery secult .a CONCERS (Jild to todgeo STATE азтіии энт TO STAMES янт и aM no estimmed edj of bortsler bas soiwt been asw doidw :llid galwollol eds beouborini DROV. TRANSIT SERVED A edd of berbetts redto bris noidsaneqmo0 . Istened 983 to 00/199 uned Sidia reaD to savoH brow starts adt ud 5 s& I beldmesed 8897pmo0 sti to estate Jostier U silt to soult 10 nA" before JOA edd to подзова 9dj E (Nors.-Fill in all blank lines except those provided for the date and redito bas поітвеледтор 9dd 19 Read twice OT JoA D 86433-h number of bill.) A to of 2 -UI BILL no (Insert title of bill here) BIOW doing Istene0 a S. at a 18 I-Ee WSI bilde) "C and referred to the Committee on ,I YIS Γ A U. S. GOVERNMENT PRINTING OFFICE CONGRESS SESSION Evisuast to as 8 CA My. по ,Ilsde IssensD America end By soi 10 end of 01 -ered TO won tedd esorit ed 1935b 3683 metts bas II Js enottizoq has associto of dostts 19316 SI XSIES .0.8.U 2) elubedos evidwoex3 edf to I Ievel EI 12/14/74 STEPS ON LEVI 1. Meet with Marsh, Timmons, PB, PA, Korologos, Walker, Rumsfeld, Silberman. 2. Initiate some conservative contacts with Eastland and Hruska from practitioners, bar associations and businessmen. 3. Edward Levi to meet with Silberman, Duffner, Velde and Johnson to (a) brief Edward Levi and (b) generate names (including law enforcement types) for Justice people to contact for T2 purposes. 4. Levi meets Eastland and then Hruska. 5. After steps #2 and #4, we (who?) sound out the Eastland and Hruska mood: (a) total opposition, (b) acquiesence with drawn out hearings and a "circus", (c) acquiesce to prompt and dignified procedure. 6. President and Levi decide whether they wish to go forward. If so: 7. Initiate FBI checks (etc.). 8. Plan strategy. 9. Nominate and implement strategy. GERALD R. FORD LIBRABA cc: mr Areeda December 18, 1974 To: Bill Timmons From: Phil Buchen Attached is a copy of a memorandum previously sent to Jack Marsh by Phil Areeda. By all means, we should support the new bill that will repeal P.L. 93-178. Attachments PWBuchen:ed GERALD R. FORD December 13, 1974 MEMORANDUM FOR: JACK MARSH FROM: PHIL AREEDA SUBJECT: SALARY OF ATTORNEY GENERAL When Saxbe was made Attorney General, the Congress enacted P. L. 93-178 reducing the compensation of that office in order to comply with Article I, Section 6 of the Constitution. That Section precludes the appointment of a Senator to an office whose salary was increased during the period for which that Senator was elected. Saxbe's Senatorial term would have ended this year. And, as you know, there will soon be a new Attorney General. Accordingly, it is appropriate to repeal P. L. 93-178 and to provide that the Attorney General's compensation should be the same as that of other Cabinet members. A draft bill is attached for that purpose. Perhaps this is a matter on which Congress could act routinely and expeditiously before it adjourns. I have coordinated this matter with Silberman, Ebner and Walker. They all agree. I have not consulted anyone else. Phil Buchen agrees. Attachment PA/ec PA Chron. Levi File LIBRARY GERALD ? FORD cy to m. Burlen. THE WHITE HOUSE WASHINGTON December 18, 1974 MEMORANDUM FOR: PHILIP BUCHEN FROM: WILLIAM E. TIMMONS B SUBJECT: Attorney General's Compensation As you may know the Congress had to enact a special law at the time of Bill Saxbe's confirmation to satisfy the Constitutional requirements of a Member of Congress taking a federal post after raising the salary of that position. There is some uncertainty about the Attorney General's emoluments in the future. One school of thought says it automatically is raised to $60,000 on January 2, 1975. Another has the provision applying only to a former Member. Still a third school argues that a new law must be enacted to raise the salary. At any rate, it's your problem now. Attached is copy of Act and the committee report. FORD & LIBRARY Public Law 93-178 93rd Congress, H. R. 11710 December 10, 1973 An Art 87 STAT. 697 To insure that the compensation and other emoluments attached to the Office of Attorney General are those which were in effect on January 1, 1969. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the compensa- Office of tion and other emoluments attached to the Office of Attorney General the Attorney shall be those which were in effect on January 1, 1969, notwithstanding General. the provisions of the salary recommendations for 1969 increases trans- Compensation mitted to the Congress on January 15, 1969, and notwithstanding any and other other provision of law, or provision which has the force and effect of emoluments, law, which is enacted or becomes effective during the period from 83 Stat. 863. 5 USC 5312 and noon, January 3, 1969, through noon, January 2, 1975. note. Sec. 2. (a) Any person aggrieved by an action of the Attorney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have USC prec. title exclusive jurisdiction, without regard to the sum or value of the matter 1. in controversy, to determine the validity of such appointment and continuance in office. (b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the pro- visions of section 2284 of title 28, United States Code. Any appeal 62 Stat. 968; from the action of a court convened pursuant to such section shall lie 74 Stat. 201. to the Supreme Court. (c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited. Approved December 10, 1973. LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 119 (1973): Deo. 3, considered and passed House. Dec. 6, considered and passed Senate, amended, FORD :- QERALD LIBRARY Dec. 7, House concurred in Senate amendment. GPO 99-139 Calendar No. 474 93D CONGRESS 1st Session 1 SENATE REPORT No. 93-499 COMPENSATION OF THE OFFICE OF ATTORNEY GENERAL OF THE UNITED STATES NOVEMBER 13, 1973.-Ordered to be printed Mr. McGEE, from the Committee on Post Office and Civil Service, submitted the following REPORT [To accompany S. 2673] The Committee on Post Office and Civil Service, to which was referred the bill (S. 2673) to insure that the compensation and other emoluments attached to the office of Attorney General are those which were in effect on January 1. 1969, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE The purpose of S. 2673 is to reduce the salary of the Office of At- torney General to its pre-January 15, 1969 level of $35,000 per annum. The legislation was introduced at the request of the Administration. It is the judgment of the Attorney General that S. 2673 must become law before the nomination of Senator Saxbe can be submitted to the Senate. On January 3, 1969, when Senator Saxbe began his term of office, the salary of the Office of Attorney General was $35,000. Later in 1969, under PL 92-206, the salary of the Office of Attorney General was in- creased to $60,000. Article I, Section 6, Clause 2 of the Constitution provides that No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. is FORD This measure achieves its purpose by reducing the Attorney eral's salary to that amount authorized by law on January 3. 99-010 LIBRARY 2 when he took office. The Committee has no desire or intention to resolve any constitutional issue regarding Senator Saxbe's appointment as Following is a Attorney General of the United States. Such issues are not within the the Chairman of jurisdiction of the Senate Committee on Post Office and Civil Service. be acted upon far be Attorney Gen STATEMENT The Acting Attorney General of the United States, Robert H. Bork, stated in his testimony before the Committee on November 13, 1973, Hon. GALE W. Mc that his initial view of the Constitutional injunction cited above was that it would not be unconstitutional for nomination and Senate con- Chairman, Comn sideration to move forward in the absence of the remedy provided by Washington, this bill. The Constitution, he pointed out, speaks of a Senator or Rep- DEAR MR. CH resentative being appointed; and nomination and consideration in the nominate Senato Senate would, on the face of it, appear to be steps which precede actual of the United St appointment. The Acting Attorney General stated, however, that legal lation that would research conducted by his office shows that history does not bear out Saxbe's appointr his initial view; and that should Senator Saxbe be appointed and Without this should Judiciary Committee consideration proceed prior to the elim- Saxbe's eligibilit ination of the Constitutional impediment with regard to salary, the tion provides: legality of his appointment could later be challenged in the courts. "No Senator 0 Accordingly, upon the advice of the Acting Attorney General and was elected. be { upon the basis of a specific written request of the President of the the United State United States, the Chairman of the Committee and the ranking Re- whereof shall ha publican Member agreed to hold a hearing and to consider the bill. During Senat Having heard the testimony of the Acting Attorney General as to the the annual salar necessity for this Committee's taking initial action, and having con- $35,000 to $60,00 sidered the measure, the Members of the Committee unanimously On November agreed to the bill reducing the salary of the Attorney General. mitted legislatic to Senator Sax BACKGROUND other emolumen in effect before The Committee was initially reluctant to involve itself in Senate This solution procedures involving the appointment of an Attorney General of the enacted at the United States, because, very clearly, recommendations to the Senate with regard to its advice and consent on this appointment fall within Office of the Se the purview of the Senate Judiciary Committee and no other. would be eligibl The Committee's action is based upon the Acting Attorney Gen- ments of that eral's testimony and the statement of the President of the United which Knox W: States contained in his letter of November 8, 1973, to the Chairman: tion. Senator K "Constitutional precedents beginning with President Washington in- Constitutions dicate that the nomination of an individual not then eligible may be dicate that the improper and that any subsequent appointment based on such nomina- improper and t tion might be null and void." tion might be n On February ADDITIONAL VIEWS tion of Williar the Supreme ( Following are additional views of Senator Quentin N. Burdick: ber of the Sen In joining with the Committee in approving this legislation to re- that the time f duce the salary of the proposed nominee for Attorney General, I want duty therefore to indicate that I reserve my right to make a further judgment on the : FORD nulled by the C constitutionality of this legislation. QUENTIN N. BURDICK. GERALD S.R. 499 LIBRARY 3 resolve THE PRESIDENT'S RECOMMENDATION ent as in the Following is a letter from the President of the United States to ervice. the Chairman of the Committee specifically requesting that S. 2673 be acted upon favorably prior to his nomination of Senator Saxbe to be Attorney General. Bork, THE WHITE HOUSE, 1973, Washington, November 8, 1973. ve was Hon. GALE W. McGEE, con- Chairman, Committee on Post Office and Civil Service, U.S. Senate, led by Washington, D.C. l' Rep- DEAR MR. CHAIRMAN: I wish to inform you of my intention to in the nominate Senator William B. Saxbe of Ohio to be Attorney General actual of the United States, immediately upon enactment of remedial legis- legal lation that would eliminate a Constitutional impediment to Senator ar out Saxbe's appointment. d and Without this legislation, doubt would exist concerning Senator elim- Saxbe's eligibility because Article I, section 6, clause 2 of the Constitu- the tion provides: "No Senator or Representative shall, during the time for which he il and was elected, be appointed to any civil Office under the Authority of of the the United States, which shall have been created, or the Emoluments g Re- whereof shall have been increased during such time; **** bill. to the During Senator Saxbe's term of service in the United States Senate the annual salary of the Office of Attorney General was increased from con- $35,000 to $60,000. ously On November 5, 1973, Acting Attorney General Robert H. Bork sub- mitted legislation which would remove the Constitutional impediment to Senator Saxbe's appointment by reducing the compensation and other emoluments attached to the Office of Attorney General to those enate in effect before Senator Saxbe began his Senate term. of the This solution has historical support. In 1909, similar legislation was enate enacted at the request of President Taft to reduce the salary of the ithin Office of the Secretary of State SO that Senator Philander C. Knox would be eligible for appointment, the compensation and other emolu- Gen- ments of that Office having been increased during the Senate term which Knox was then serving. After enactment of remedial legisla- tion, Senator Knox was nominated, and confirmed by the Senate. in- Constitutional precedents beginning with President Washington in- be dicate that the nomination of an individual not then eligible may be improper and that any subsequent appointment based on such nomina- tion might be null and void. On February 28, 1793. President Washington withdrew the nomina- tion of William Patterson of New Jersey to be Associate Justice of the Supreme Court on the ground that Mr. Patterson "was a mem- ber of the Senate when the law creating that Office was passed. and re- that the time for which he was elected is not yet expired. I think it my duty therefore. to decree that I deem the nomination to have been the nulled by the Constitution." S.R. 409 & FORD GERALD 4 This position has been consistently followed by the Attorney Gen- eral of the United States in opinions in 1883 by Attorney General Brewster and in 1895 by Acting Attorney General Conrad. I strongly urge that corrective legislation be enacted as soon as possible. I will submit the nomination of Senator Saxbe immediately upon passage of such legislation so that the Senate may proceed with the confirmation process. Follo Sincerely, RICHARD NIXON. United affirma Commi researc precede STATES THE I Conc GENI Mr. ( Than of Just Genera Artic "No : was elec United whereof holding House . As yo Senator The sal: law is $ mitted t 1969. TI Saxbe b that figt is design tional P General There Morrill after ha had beer $8,000. : the Sem: Secon ation to & the nom GERALD S.R. 499 LIBRARY Attorney Gen- orney General arad. ted as soon as be immediately y proceed with AGENCY VIEWS Following is a letter from the Acting Attorney General of the HARD NIXON. United States, requesting that S. 2673 be introduced, and acted upon affirmatively; and the statement of the Acting Attorney General at the Committee hearing November 13, 1973, providing the results of the research conducted by the Attorney General's office into the historicál precedents for this measure. DEPARTMENT OF JUSTICE. STATEMENT OF ROBERT H. BORK, ACTING ATTORNEY GENERAL, BEFORE THE COMMITTEE ON POST OFFICE AND CIVIL SERVICE, U.S. SENATE, CONCERNING S. 2673, RELATING TO THE SALARY OF THE ATTORNEY GENERAL, NOVEMBER 13, 1973 Mr. Chairman and Members of the Committee: Thank you for this opportunity to appear to give the Department of Justice views on S. 2673, relating to the salary of the Attorney General. Article I, Section 6, Clause 2 of the Constitution provides that: "No Senator or Representative shall. during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States. shall be a Member of either House during his Continuance in Office." As you know, the President has announced his intention to nominate Senator William B. Saxbe to be Attorney General of the United States. The salary applicable to the office of Attorney General under existing law is $60,000 because of a recommendation for salary increases sub- mitted to the Congress pursuant to Public Law 00-206 on January 15, 1969. The salary for the office of Attorney General at the time Senator Saxbe began his term of office on January 3, 1969, was $35,000, set at that figure by Public Law S9-554, passed on September 6, 1966. S. 2673 is designed to remove the question of the impact of the quoted constitu- tional provision on the nomination of Senator Saxbe to be Attorney General of the United States. There are two precedents for the proposed action. First, Lot M. Morrill was appointed to serve as Secretary of the Treasury in 1876 after having been elected to the Senate in 1871. Cabinet officers' salaries had been raised in 1873 from $8,000 to $10,000 and returned in 1874 to $8,000. Senator Morrill's nomination was nevertheless confirmed by the Senate. Second, a measure with the same purpose as the bill under consider- ation today was passed by the Congress in 1909 in order to permit the nomination of Senator Philander Knox to be Secretary of State. (5) S.R. 499 / 409. S.R. GERALD GERALD 6 Senator Knox had been elected in 1005 for a term expiring on March 3, 1911. In 1907 the compensation of the Secretary of State had been I urge prompt increased from $8,000 to $12,000. An unofficial opinion of Assistant The Office of Attorney General Russell commenting on the bill which reduced the of this proposal compensation of the Secretary of State to $8,000 states that the pur- Sincerely: pose of the constitutional provision was "to destroy the expectation a Representative or Senator might have that he would enjoy the newly created office or newly created emoluments." 43 Cong. Rec. 2403, Feb- ruary 15, 1909. After passage of the remedial legislation, Senator Knox was nominated and confirmed as Secretary of State. The purpose of the constitutional provision is clearly met if the salary of an office is lowered after having been raised during the Sena- tor's or Representative's term of office. The Senators and Representa- tives know that, because of the constitutional provision, they cannot be appointed to an office with a higher salary than was provided at the beginning of their current term of office, SO the expectation of a higher salary cannot influence their votes on legislation to raise sala- ries of Federal officers. S. 2673 should remove any constitutional question which may be raised concerning the appointment of Senator Saxbe to be Attorney General of the United States. I urge its early consideration by this Committee and prompt enactment by the Senate in order to facilitate consideration of Senator Saxbe. OFFICE OF THE ATTORNEY GENERAL. Washington. D.C., November 5. 1973. PRESIDENT PRO TEMPORE, U.S. Senate, Washington, D.C. DEAR MR. PRESIDENT PRO TEMPORE: Enclosed for your consideration and appropriate reference is a legislative proposal to provide that the compensation and other emoluments attached to the Office of At- torney General are those which were in effect on January 1. 1969. Article I. Section 6, Clause 2 of the Constitution provides: "No Senator or Representative shall, during the Time for which he was elécted, be appointed to any civil Office under the Authority of the United States. which shall have been created. or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States. shall be a Member of either House during his Continuance in Office." When Senator William B. Saxbe of Ohio begain his term of serv- ice in the United States Senate on January 3. 1969, the salary for the Office of Attorney General was established by P.L. 89-554 (80 Stat. 460, September 6. 1966) at $35,000. On January 15, 1969, the President transmitted to the Congress pursuant to P.L. 90-206 (81 Stat. 642, December 16, 1967) a recommendation increasing the an- nual salary for the Office of Attorney General to $60,000. The accompanying legislation is designed to remove the question concerning the impact of Article I. Section 6. Clause 2 on the Presi- dent's nomination of Senator William B. Saxbe to be Attorney Gen- eral of the United States. is FORD S.R. 499 GERALD LIBRARY 7 expiring on March V of State had been I urge prompt consideration and enactment of this legislation. pinion of Assistant The Office of Management and Budget has advised that enactment which reduced the of this proposal is in accord with the Program of the President. states that the pur- Sincerely, roy the expectation ROBERT H. BORK, ould enjoy the newly Acting Attorney General. mg. Rec. 2403, Feb- ation, Senator Knox 3. clearly met if the ed during the Sena- TS and Representa- vision, they cannot an was provided at he expectation of a dation to raise sala- tion which may be like to be Attorney msideration by this n order to facilitate EY GENERAL, Vorember 5, 1973. your consideration sal to provide that to the Office of At- anuary 1. 1969. tion provides: "No for which he was e Authority of the T the Emoluments me; and no Person II be a Member of 11 his term of serv- 969. the salary for y P.L. S9-554 (80 mary 15. 1969, the 0 P.L. 90-206 (S1 increasing the an- 0.000. move the question use 2 on the Presi- be Attorney Gen- S.R. 409 GERALO S.R. R. 499 FORD LIBRABY THE WHITE HOUSE WASHINGTON December 18, 1974 MEMORANDUM FOR: PHILIP BUCHEN FROM: WILLIAM E. TIMMONS B SUBJECT: Attorney General's Compensation As you may know the Congress had to enact a special law at the time of Bill Saxbe's confirmation to satisfy the Constitutional requirements of a Member of Congress taking a federal post after raising the salary of that position. There is some uncertainty about the Attorney General's emoluments in the future. One school of thought says it automatically is raised to $60,000 on January 2, 1975. Another has the provision applying only to a former Member. Still a third school argues that a new law must be enacted to raise the salary. At any rate, it's your problem now. Attached is copy of Act and the committee report. LIGRARY GERALD Fand Public Law 93-178 93rd Congress, H. R. 11710 December 10, 1973 An Art 87 STAT. 697 To insure that the compensation and other emoluments attached to the Office of Attorney General are those which were in effect on January 1, 1969. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the compensa- Office of tion and other emoluments attached to the Office of Attorney General the Attorney shall be those which were in effect on January 1, 1969, notwithstanding General. the provisions of the salary recommendations for 1969 increases trans- Compensation and other mitted to the Congress on January 15, 1969, and notwithstanding any emoluments. other provision of law, or provision which has the force and effect of 83 Stat. 863. law, which is enacted or becomes effective during the period from 5 USC 5312 and noon, January 3, 1969, through noon, January 2, 1975. note. SEC. 2. (a) Any person aggrieved by an action of the Attorney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have USC prec. title exclusive jurisdiction, without regard to the sum or value of the matter 1. in controversy, to determine the validity of such appointment and continuance in office. (b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the pro- visions of section 2284 of title 28, United States Code. Any appeal 62 Stat. 968; from the action of a court convened pursuant to such section shall lie 74 Stat. 201. to the Supreme Court. (c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited. Approved December 10, 1973. LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 119 (1973): Dec. 3, considered and passed House. LIBRARY GERALD = FORD Dec. 6, considered and passed Senate, amended. Dec. 1, House concurred in Senate amendment. GPO 99-139 Calendar No. 474 93D CONGRESS SENATE REPORT 1st Session No. 93-499 COMPENSATION OF THE OFFICE OF ATTORNEY GENERAL OF THE UNITED STATES NOVEMBER 13, 1973.-Ordered to be printed Mr. McGEE, from the Committee on Post Office and Civil Service, submitted the following REPORT [To accompany S. 2673] The Committee on Post Office and Civil Service, to which was referred the bill (S. 2673). to insure that the compensation and other emoluments attached to the office of Attorney General are those which were in effect on January 1, 1969, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE The purpose of S. 2673 is to reduce the salary of the Office of At- torney General to its pre-January 15, 1969 level of $35,000 per annum. The legislation was introduced at the request of the Administration. It is the judgment of the Attorney General that S. 2673 must become law before the nomination of Senator Saxbe can be submitted to the Senate. On January 3, 1969, when Senator Saxbe began his term of office, the salary of the Office of Attorney General was $35,000. Later in 1969, under PL 92-206, the salary of the Office of Attorney General was in- creased to $60,000. Article I, Section 6, Clause 2 of the Constitution provides that No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. This measure achieves its purpose by reducing the Attorney GenFo 80 eral's salary to that amount authorized by law on January BERALDO 8,01969, 99-010 LIBRARY AΓA оИ 2 3 when he took office. The Committee has no desire or intention to resolve THE PRESIDENT'S RECOMMENDATION any constitutional issue regarding Senator Saxbe's appointment as Attorney General of the United States. Such issues are not within the Following is a letter from the President of the United States to jurisdiction of the Senate Committee on Post Office and Civil Service. the Chairman of the Committee specifically requesting that S. 2673 be acted upon favorably prior to his nomination of Senator Saxbe to STATEMENT be Attorney General. The Acting Attorney General of the United States, Robert H. Bork, THE WHITE HOUSE, stated in his testimony before the Committee on November 13, 1973, Washington, November 8, 1973. that his initial view of the Constitutional injunction cited above was Hon. GALE W. McGEE, that it would not be unconstitutional for nomination and Senate con- Chairman, Committee on Post Office and Civil Service, U.S. Senate, sideration to move forward in the absence of the remedy provided by Washington, D.C. this bill. The Constitution, he pointed out, speaks of a Senator or Rep- DEAR MR. CHAIRMAN: I wish to inform you of my intention to resentative being appointed; and nomination and consideration in the nominate Senator William B. Saxbe of Ohio to be Attorney General Senate would, on the face of it, appear to be steps which precede actual of the United States, immediately upon enactment of remedial legis- appointment. The Acting Attorney General stated, however, that legal lation that would eliminate a Constitutional impediment to Senator research conducted by his office shows that history does not bear out Saxbe's appointment. his initial view; and that should Senator Saxbe be appointed and Without this legislation, doubt would exist concerning Senator should Judiciary Committee consideration proceed prior to the elim- Saxbe's eligibility because Article I, section 6, clause 2 of the Constitu- ination of the Constitutional impediment with regard to salary, the tion provides: legality of his appointment could later be challenged in the courts. "No Senator or Representative shall, during the time for which he Accordingly, upon the advice of the Acting Attorney General and was elected, be appointed to any civil Office under the Authority of upon the basis of a specific written request of the President of the the United States, which shall have been created, or the Emoluments United States, the Chairman of the Committee and the ranking Re- whereof shall have been increased during such time; ***** publican Member agreed to hold a hearing and to consider the bill. Having heard the testimony of the Acting Attorney General as to the During Senator Saxbe's term of service in the United States Senate necessity for this Committee's taking initial action, and having con- the annual salary of the Office of Attorney General was increased from sidered the measure, the Members of the Committee unanimously $35,000 to $60,000. agreed to the bill reducing the salary of the Attorney General. On November 5, 1973, Acting Attorney General Robert H. Bork sub- mitted legislation which would remove the Constitutional impediment to Senator Saxbe's appointment by reducing the compensation and BACKGROUND other emoluments attached to the Office of Attorney General to those The Committee was initially reluctant to involve itself in Senate in effect before Senator Saxbe began his Senate term. procedures involving the appointment of an Attorney General of the This solution has historical support. In 1909, similar legislation was United States, because, very clearly, recommendations to the Senate enacted at the request of President Taft to reduce the salary of the with regard to its advice and consent on this appointment fall within Office of the Secretary of State SO that Senator Philander C. Knox the purview of the Senate Judiciary Committee and no other. would be eligible for appointment, the compensation and other emolu- The Committee's action is based upon the Acting Attorney Gen- ments of that Office having been increased during the Senate term eral's testimony and the statement of the President of the United which Knox was then serving. After enactment of remedial legisla- States contained in his letter of November 8, 1973, to the Chairman: tion, Senator Knox was nominated, and confirmed by the Senate. "Constitutional precedents beginning with President Washington in- Constitutional precedents beginning with President Washington in- dicate that the nomination of an individual not then eligible may be dicate that the nomination of an individual not then eligible may be improper and that any subsequent appointment based on such nomina- improper and that any subsequent appointment based on such nomina- tion might be null and void." tion might be null and void. On February 28, 1793, President Washington withdrew the nomina- ADDITIONAL VIEWS tion of William Patterson of New Jersey to be Associate Justice of Following are additional views of Senator Quentin N. Burdick: the Supreme Court on the ground that Mr. Patterson "was a mem- In joining with the Committee in approving this legislation to re- ber of the Senate when the law creating that Office was passed, and duce the salary of the proposed nominee for Attorney General, I want that the time for which he was elected is not yet expired. I think it my to indicate that I reserve my right to make a further judgment on the duty therefore, to decree that I deem the nomination to have been constitutionality of this legislation. nulled by the Constitution." QUENTIN N. BURDICK. S.R. 499 S.R. 499 4 This position has been consistently followed by the Attorney Gen- eral of the United States in opinions in 1883 by Attorney General Brewster and in 1895 by Acting Attorney General Conrad. I strongly urge that corrective legislation be enacted as soon as possible. I will submit the nomination of Senator Saxbe immediately upon passage of such legislation SO that the Senate may proceed with AGENCY VIEWS the confirmation process. Following is a letter from the Acting Attorney General of the Sincerely, RICHARD NIXON. United States, requesting that S. 2673 be introduced, and acted upon affirmatively; and the statement of the Acting Attorney General at the Committee hearing November 13, 1973, providing the results of the research conducted by the Attorney General's office into the historical precedents for this measure. DEPARTMENT OF JUSTICE. STATEMENT OF ROBERT H. BORK, ACTING ATTORNEY GENERAL, BEFORE THE COMMITTEE ON POST OFFICE AND CIVIL SERVICE, U.S. SENATE, CONCERNING S. 2673, RELATING TO THE SALARY OF THE ATTORNEY GENERAL, NOVEMBER 13, 1973 Mr. Chairman and Members of the Committee: Thank you for this opportunity to appear to give the Department of Justice views on S. 2673, relating to the salary of the Attorney General. Article I, Section 6, Clause 2 of the Constitution provides that: "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." As you know, the President has announced his intention to nominate Senator William B. Saxbe to be Attorney General of the United States. The salary applicable to the office of Attorney General under existing law is $60,000 because of a recommendation for salary increases sub- mitted to the Congress pursuant to Public Law 90-206 on January 15, 1969. The salary for the office of Attorney General at the time Senator Saxbe began his term of office on January 3, 1969, was $35,000, set at that figure by Public Law 89-554, passed on September 6, 1966. S. 2673 is designed to remove the question of the impact of the quoted constitu- tional provision on the nomination of Senator Saxbe to be Attorney General of the United States. There are two precedents for the proposed action. First, Lot M. Morrill was appointed to serve as Secretary of the Treasury in 1876 after having been elected to the Senate in 1871. Cabinet officers' salaries had been raised in 1873 from $8,000 to $10,000 and returned in 1874 to $8,000. Senator Morrill's nomination was nevertheless confirmed by the Senate. Second, a measure with the same purpose as the bill under consider- ation today was passed by the Congress in 1909 in order to permit the nomination of Senator Philander Knox to be Secretary of State. (5) S.R. 499 S.R. 499 6 7 Senator Knox had been elected in 1905 for a term expiring on March 3, 1911. In 1907 the compensation of the Secretary of State had been increased from $8,000 to $12,000. An unofficial opinion of Assistant I urge prompt consideration and enactment of this legislation. Attorney General Russell commenting on the bill which reduced the The Office of Management and Budget has advised that enactment compensation of the Secretary of State to $8,000 states that the pur- of this proposal is in accord with the Program of the President. pose of the constitutional provision was "to destroy the expectation Sincerely, a Representative or Senator might have that he would enjoy the newly ROBERT H. BORK, created office or newly created emoluments." 43 Cong. Rec. 2403, Feb- Acting Attorney General. ruary 15, 1909. After passage of the remedial legislation, Senator Knox was nominated and confirmed as Secretary of State. The purpose of the constitutional provision is clearly met if the salary of an office is lowered after having been raised during the Sena- tor's or Representative's term of office. The Senators and Representa- tives know that, because of the constitutional provision, they cannot be appointed to an office with a higher salary than was provided at the beginning of their current term of office, SO the expectation of a higher salary cannot influence their votes on legislation to raise sala- ries of Federal officers. S. 2673 should remove any constitutional question which may be raised concerning the appointment of Senator Saxbe to be Attorney General of the United States. I urge its early consideration by this Committee and prompt enactment by the Senate in order to facilitate consideration of Senator Saxbe. OFFICE OF THE ATTORNEY GENERAL, Washington, D.C., November 5, 1973. PRESIDENT PRO TEMPORE, U.S. Senate, Washington, D.C. DEAR MR. PRESIDENT PRO TEMPORE: Enclosed for your consideration and appropriate reference is a legislative proposal to provide that the compensation and other emoluments attached to the Office of At- torney General are those which were in effect on January 1, 1969. Article I, Section 6, Clause 2 of the Constitution provides: "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States. which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." When Senator William B. Saxbe of Ohio begain his term of serv- ice in the United States Senate on January 3, 1969, the salary for the Office of Attorney General was established by P.L. 89-554 (80 Stat. 460, September 6, 1966) at $35,000. On January 15, 1969, the President transmitted to the Congress pursuant to P.L. 90-206 (81 Stat. 642, December 16, 1967) a recommendation increasing the an- nual salary for the Office of Attorney General to $60,000. The accompanying legislation is designed to remove the question concerning the impact of Article I. Section 6, Clause 2 on the Presi- dent's nomination of Senator William B. Saxbe to be Attorney Gen- eral of the United States. S.R. 499 S.R. 499 December 18, 1974 To: Bill Timmons From: Phil Buchen Attached is a copy of a memorandum previously sent to Jack Marsh by Phil Areeda. By all means, we should support the new bill that will repeal P.L. 93-178. Attachments PWBuchen:ed LIBRARY GERALD : FORD Glad to get call (Recogned Consequation, 6.S.) Administration Balina & proportin Eminence as mAn of LAW HR sund lavouth by The bawad -off neaspaper statent ConTrARY of inglacable apposition Saxbe LIGRARY GERALD = Ford THE WHITE HOUSE WASHINGTON December 20, 1974 MEMORANDUM FOR: PHIL AREEDA MAX FRIEDERSDORF JACK MARSH BILL WALKER FROM: DON RUMSFELD George Shultz told me that he had called Hruska and Tower about Levi. They seemed pleased and reassured. George Shultz wanted us to know that he was available to call anyone else we wanted. He knows Levi intimately and has the highest regard for him and has a very personal acquaintance with his philosophy and views. I would think he'd be about as valuable a person to assist in your efforts as anyone. FORD GERALD LIBRARY THE WHITE HOUSE WASHINGTON December 19, 1974 MEMORANDUM FOR: PHIL AREEDA FROM: DON RUMSI ELD George Shultz told the President that he would call John Tower and Roman Hruska strongly supporting Ed Levi. You might call George Shultz and get a feel from him as to how the conversations went. LIBRARY GERALD FORD THE WHITE HOUSE Levi WASHINGTON Non-Regist Jury payet (EAttand Committee) Contrib ways Kalun Dos material che LAKL Ich ,52 pent Der t toboth one rep wife contable the Satid by Do ] Clined for Tople. FORD is LIBRARY DERALD Ginour THE WHITE HOUSE WASHINGTON /. Inform saxbe 3. Ask SAYLE for 6th 2. Inform Sclberman 4. Clear with India 5. Announce SAY be 6. political cledrinum Levi 8. 7. complict of Interest on Leu Intrate FBI on Levi 9. Announce Levi GERALD F. FORM Eastland. Hruska Scott. Giften Photo Arends N 1. 2. 3. 1 / Silber 4. Annonce Sdybe 5. 1 X 2 Path l child 3 PAY bud Eborg FBI After 1 q2 4) 5 Levi (conflets) GERALD R. FORD 181877 Dr. Levi is 63 - born in 1911 Rowland Evans and Robert Novak 12/23/74 The Opposition Lines Up Against Levi When President Ford departed for Vail's ski slopes, he left behind him a messy dilemma confounding his in- tended nomination of Edward H. Levi as Attorney General and dramatizing this unpleasant fact: the incompetence factor at the White House persists. Mr. Ford has widely conflicting ad- vice to consider as he slaloms in Colo- THE WHITE HOUSE WASHINGTON checks Daly (Haru. Gov Liason (V.chi (Hnon. made, he could be helpful in getting somplet ( Willing FORD LIBRARY THE WHITE HOUSE WASHINGTON Tom Eacacian on Leil Herb Bergson LIBRARY GERALD P. FORD 27th 21 Loul Hrge FBI to HR Edotions NN Anti-Labbying (1973) case QERATED LIBRARY X THE WHITE HOUSE WASHINGTON Hugo Melvoin (312) 782 06.0 FORD is LIBRARY QERALD Peter Stockett 8. GERALD LIBRARY - - 1 Levi Specio Jud. salaris FBI Pardon MXOU other Pelta 4Prs Litight (ITT) Overalt Info Request Privary / 2nfo Philip (Indurb to see therefuls) Income TAX returns (or Juste Incouse jun -Madism GERALD R. FORD KIBRART THE WHITE HOUSE WASHINGTON December 24, 1974 MEMORANDUM FOR PHILIP AREEDA FROM: WILLIAM N. WALKER all Attached is a bibliography of articles by Edward Levi which has been prepared by the Library of Congress and is now circulating on Capitol Hill. It was sent to us by a staff person. I thought you would find it interesting. Attachment GERALE FORD KIBRARY EDWARD HIRSCH LEVI A Bibliography: l936-l974 --1936- 1. With Roscoe T. Steffen. Cases and Materials on the Elements of the Law. 2nd ed. Chicago: University of Chicago Bookstore, 1938. 2. With James W. Moore. "Federal Intervention. 1. The Right to Intervene and Reorganization." Yale Law Journal 45 (February 1936) : 565-606. 3. With Friedrich Kessler and Edwin E. Ferguson. "Some Aspects of Payment by Negotiable Instrument: A Comparative Study." Yale Law Journal 45 (June 1936): 1373-1405. --1937-- 4. With James W. Moore, joint editor. Gilbert's Collier on Bankruptcy: A Treatise on the Law and Practice in Bankruptcy under the National Bankruptcy Act of 1898. 4th ed. Albany: M. Bender and Co., 1937. 5. With James W. Moore. "Bankruptcy and Reorganization: A Survey of Changes." University of Chicago Law Review 5 (December 1937) : 1-40. --1938-- 6. With James W. Moore. "Bankruptcy and Reorganization: A Survey of Changes II." University of Chicago Law Review 5 (February 1938) : 219-59. 7. With James w. Moore. "Bankruptcy and Reorganization: A Survey of Changes III." University of Chicago Law Review 5 (April 1938) : 398-423. 8. "The Natural Law, Precedent, and Thurman Arnold." Virginia Law Review 24 (April 1938) : 587-612. 9. With James W. Moore. "Federal Intervention: II. The Procedure, Status, and Federal Jurisdictional Requirements." Yale Law Journal 47 (April 1938) : 898-943. 10. "Corporate Reorganization and a Ministry of Justice." Minnesota Law Review 23 (December 1938) : 3-29. 1 LA FORD LIBRA. 2 --1944-- 11. "International Cartels and the Law." In War and the Law [the Charles R. Walgreen Foundation Lectures], pp. 117-41. Edited by Ernst Wilfred Puttkammer. Chicago: University of Chicago Press, 1944. 12. With James O'Mahoney and Redvers Opie. What Should be British and Ameri- can Policy toward International Monopolies? University of Chicago Pamphlets, no. 319 (April 30, 1944), pp. 1-22. 13. With Casper Ooms and Bernard Thiess. Patents and Monopoly. University of Chicago Round Table Pamphlets, no. 385 (August 5, 1945), pp. 1-16. 14. With Andrew Ivy and Harold Urey. What About Science Législation? Uni- versity of Chicago Round Table Pamphlets, no. 405 (December 23, 1945), pp. 1-17. --1946-- 15. With Thomas Finletter, Grayson Kirk, and Phillip Morrison. Problem of the Year: Control of the Atom. University of Chicago Round Table Pamph- lets, no. 407 (January 6, 1946), pp. 1-21. 16. With Thurman Arnold and Harold Ickes. American Commonwealth Today. Univer- sity of Chicago Round Table Pamphlets, no. 415 (March 3, 1946), pp. 1-16. --1947-- 17. With Wilber Katz and Robert Wilson. Patents and Economic Progress. Univer- sity of Chicago Round Table Pamphlets, no. 460 (January 12, 1947), pp. 1-19. 18. "Anti-trust Laws and Monopoly." University of Chicago Law Review 14 (February 1948) : 153-83. 19. With Wendell Berge and James Martin. Are We Against Monopoly? University of Chicago Round Table Pamphlets, no. 477 (May 11, 1947), pp. 1-19. 1948 20. "An Introduction to Legal Reasoning." University of Chicago Law Review 15 (Spring 1948) : 501-74. An Introduction to Legal Reasoning. Chicago: University of Chicago Press, 1949. FORD : LIBRARY GERALD 3 Introduccion Al Razonamiento Juridico. Translated and annotated by Genaro R. Carrio. Buenos Aires: Editorial Universitaria, 1964. An Introduction to Legal Reasoning. Chicago: University of Chicago Press, 1948; Phoenix Books, 1970. "An Introduction to Legal Reasoning [extract]". In Introduction to Juris- prudence, pp. 806-10. Edited by Baron Dennis Lloyd, Lloyd of Hampstead, 3rd ed. New York: Praeger Publishers, 1972. "An Introduction' to Legal Reasoning [extract]." In Jurisprudence, pp. 962-67. Edited by George C. Christie. St. Paul: West Publishing Co., 1973. [Various excerpts appear in various other casebooks and collections.] 21. Review of Cases on Federal Anti-trust Laws, by S. Chesterfield Oppenheim. Journal of Legal Education 1 (Autumn 1947) : 139-43. --1949-- 22. With Melvin G. Pe Chazeau and Joseph C. O'Mahoney. What Should We Do About Monopoly? University of Chicago Round Table Pamphlets, no. 565 (January 16, 1949), pp. 1-10. 23. With Nathaniel Nathanson and Malcolm Sharp. Guilt by Association. Univer- sity of Chicago Round Table Pamphlets, no. 573 (March 13, 1949), pp- 1-19. 24. With James Bennett, Tom C. Clark, Walter A. Gordon, and Frederick A. Moran. Prisons and Parole. University of Chicago Round Table Pamphlets, no. 586 (June 12, 1949), pp. 1-12. 25. "The Effectiveness of the Federal Anti-trust Laws: A Symposium." American Economic Review 39 (June 1949) : 703. 26. With Bernard Meltzer and Frank A. Reel. Were the War Crimes Trials Success- ful? University of Chicago Round Table Pamphlets, no. 600 (September 18, 1949), pp. 1-13. --1950-- 27. With Roscoe T. Steffen. Elements of the Law. 4th ed. Chicago: University of Chicago Press, 1950. 28. With Thomas I. Emerson, John P. Frank, Alexander H. Frey, and others. "Segre- gation and the Equal Protection Clause." Brief for Committee of Law Teachers Against Segregation in Legal Education. Minnesota Law Review 34 (March 1950) : 289-329. 29. Review of Legal Theory. 2nd ed. by W. Friedmann. New York University Law Review 25 (April 1950) : 426-28. FORD i LIBRARY SERVICE 4 --1951-- 30. Foreword to "Congressional Investigations--a Symposium." University of Chicago Law Review 18 (Spring 1951) : 421. 31. "What Can the Law Schools Do?" University of Chicago Law Review 18 (Summer 1951) : 746-55. --1952-- 32. Four Talks on Legal Education. Chicago: University of Chicago Law School, 1952. Contents: Legal Education Today. The Graduate Legal Clinic. What Can the Law Schools Do? The Future of Legal Education. 33. "Graduate Legal Clinic: Restoring Lawyers' Research Responsibilities." American Bar Association Journal 39 (March 1952) : 189-92, 255-56. 34. "Development of a 'Missing Fundamental."" Illinois Bar Journal 41 (Novem- ber 1952) : 89-92. 35. "Two-level Anti-monopoly Law." Northwestern University Law Review 47 (November-December 1952) : 567-86. 36. "The Robinson-Patman Act: Is it in the Public Interest?" American Bar As- sociation Antitrust Section Report 1 (1952-53) : 60-75. --1953-- 37. "The Law School at Mid-Century." University of Chicago Law School Record 2 (January 1953) : 1-2. 38. Review of Legal Education in the United States, by Albert J. Harno. Uni- versity of Pennsylvania Law Review 102 (December 1953) : 369-76. 39. "Symposium Review: Galbraith's 'Concept of Counter-vailing Power' and Lilienthal's 'Big Business. " Northwestern University Law Review 49 (May-June 1954) : 139-94. --1956-- 40. With A. Director. "The Law and the Future: Trade Regulation." Northwestern University Law Review 51 (May-June 1956) : 281-96. FORD i LIBRARY 5 1957 41. "The Monopoly Problem as Viewed by a Lawyer." American Economic Review 47 (May 1957) : 293-302. "The Monopoly Problem as Viewed by a Lawyer." University of Chicago Law School Record 6 (October 1957) : 10-11, 26-28. 42. Address at a Dinner in Honor of Mr. Weymouth Kirkland on his Eightieth Birthday. Chicago: University of Chicago Law School, 1957. --1958-- 43. "The DuPont Case and Section Seven of the Clayton Act." Anti-trust Bul- letin 3 (January-February 1958) : 3. "The DuPont Case and Section Seven of the Clayton Act." In Hoffman's Anti- trust Law and Techniques, Vol. 2, pp. 381-94. Edited by Malcolm A. Hoffman and Arthur I. Winard. New York: Matthew Bender and Co., 1963. --1959-- 44. "Section Seven of the Clayton Act and the Regulated Industries." In How to Comply with the Clayton Act, pp. 135-51. New York State Bar Asso- ciation. Chicago: Commerce Clearing House, 1959. 45. "The Political, the Professional, and the Prudent in Legal Education." Journal of Legal Education 9 (1959) : 457-69. 46. Review of Market Power: Size and Shape under the Sherman Act, by George E. Hale and Rosemary D. Hale. Revista Juridica de la Universidad de Puerto Rico 28 (March-April 1959) : 333-35. Review of Market Power: Size and Shape under the Sherman Act, by George E. Hale and Rosemary D. Hale. University of Chicago Law Review 25 (Summer 1969) : 672-73. --1960-- 47. "The Parke, Davis-Colgate Doctrine: The Ban on Resale Price Maintenance." In The Supreme Court Review 1960, pp. 288-325. Edited by Philip B. Kurland. Chicago: University of Chicago Press, 1960. "Parke, Davis-Colgate Doctrine: The Ban on Resale Price Maintenance." In Hoffman's Anti-trust Law and Techniques, pp. 527-612. Edited by Malcolm A. Hoffman and Arthur I. Winard. New York: Matthew Bender and Co., 1963. BERAUB FORD LIBRAST 6 1961 48. "Legal Education: A Ten Years' Perspective." Chicago Bar Record 42 (February 1961) : 218-24. 49. "Frontiers and Future Development in Legal Education." In Frontiers in Law and Legal Education, pp. 87-94. Ann Arbor: University of Michi- gan Law School, 1961. 50. "The Role of thé Law School." Yale Law Report 7 (Winter 1961) : 2-6. 51. Preface to Philosophy of Law and Jurisprudence, by Mortimer J. Adler and Peter Wolff. Chicago: Encyclopaedia Britannica, 1961. --1962-- 52. Review of The Legal Conscience: Selected Papers of Felix S. Cohen. Edited by Lucy Kramer Cohen. Harvard Law Review 75 (June 1962) : 1686-91. --1963-- 53. The Nature of Judicial Reasoning. New York: New York Institute of Philoso- phy, 1963. "The Nature of Judicial Reasoning." University of Chicago Law Review 32 (Spring 1965) : 395-409. "The Nature of Judicial Reasoning." In Jurisprudence, pp. 967-78. Edited by George C. Christie. St. Paul: West Publishing Co., 1973. --1964-- 54. Review of Society and the Law: New Meanings for an Old Profession, by F. James Davis, Henry H. Foster, Jr., C. Ray Jeffrey, and E. Eugene Davis. Annals of the American Academy of Political and Social Science 351 (January 1964) : 196-97. 55. "General and Liberal Education." University College Quarterly 9 (May 1964) : 27-32. 56. Review of Education and the New America, by Solon T. Kimball and James E. McClellan. Harvard Law Review 77 (May 1964) : 1376-80. --1965-- 57. "Memorandum on the College, Part One." University of Chicago Magazine 57 (December 1964) : 2-9. GERALD LIBRARY 7 58. "Memorandum on the College, Part Two." University of Chicago Magazine 57 (January 1965): 12-17. 59. "Law Schools and Universities." Journal of Legal Education 17 (1965) : 243-49. "Law Schools and Universities." University of Chicago Law School Record 13 (Autumn 1965): 12. 60. "The Critical Spirit." The University of Chicago Magazine 58 (October 1965) : 2-5. 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Chicago: Encyclopaedia Britannica (forthcoming). 98. "An Approach to Law." Occasional Papers from The Law School, The University of Chicago (October 15, 1974): 13 pages. LIBRARY GERALD P. FORD THOMAS G. KINDEL Dorflung. thoanswer required. 735 SAN JOSE DRIVE, S.E. GRAND RAPIDS, MICHIGAN 49506 De December 30, 1974. Mr. Philip Buchen, Jefferson Hotel, 1200 16th, N.W., Washington, D.C. 20036 Dear Phil: It was wonderful to again have you and Bunny in Grand Rapids. You both add so much to any gathering. we can well imagine the long hours and frustrations that you must have, but you should get some comfort from the fact that unquestionably everyone, who knows you, sleeps a little more soundly because you are one of President Ford's close advisors. As you suggested, I have written to Senators Tower, Hruska and Eastland per the enclosed copies. with warm good wishes to you and love to Bunny. Sincerely yours, Tom B.13. 1/3 GERALD avusit : FORD THOMAS G. KINDEL 735 SAN JOSE DRIVE, S.E. GRAND RAPIDS, MICHIGAN 49506 December 30, 1974. Senator John Eastland, Senate Office Building, washington, D.C. 20501 Dear Senator Eastland: As a member of the N.A.M. and other conservative groups before I retired, I am extremely concerned to read in the papers that there may be difficulty in confirming the appoint- ment of Edward Levi as Attorney General. I have known Mr. Levi both person- ally and through members of my family on the fac- ulty of the University of Chicago. We all have the greatest respect for his outstanding ability and integrity. I believe he is the kind of person that the average citizen wants to see as Attorney General. He will add strength to the Ford Cabinet. Isam confident that with your prestige and reputation for integrity that you can help get Mr. Levi confirmed without undue delay. Respectfully yours, LIBRARY GERALD R. / Love THOMAS G. KINDEL 735 SAN JOSE DRIVE, S. E. GRAND RAPIDS, MICHIGAN 49506 December 30, 1974. Senator John Tower, Senate Office Building, Washington, D.C. 20501 Dear Senator Tower: As a registered Republican, and a member of the N.A.M. and other conservative groups before I retired, I am extremely concerned to read in the papers that there may be difficulty in confirming the appointment of Edward Levi as Attorney General. I have known Mr. Levi both personally and through members of my family on the faculty of the University of Chicago. We all have the greatest respect for his outstand- ing ability and integrity. I believe he is the kind of person that the average citizen wants to see as Attorney General. He will add strength to the Ford Cabinet. The recent election in Michigan (of a Republican Governor and a Democrat to President Ford's old seat in the House) shows that the public wants to see men and women of character and ability in public office. The trend is for the majority to resent party politics and labels. Having met and heard you when you spoke in Grand Rapids several years ago, I am confident that you are desirous of bringing into government men and women of outstanding ability and character ... and that you have the prestige to help get Mr. Levi confirmed without undue delay. Respectfully yours, LIBRARY GERALD ? FORD THOMAS G. KINDEL 735 SAN JOSE DRIVE, S.E. GRAND rapids, MICHIGAN 49506 December 30, 1974. Senator Roman Hruska, Senate Office Building, Washington, D.C. 20501 Dear Senator Hruska: As a registered Republican, and a member of the N.A.M. and other conservative groups before I retired, I am extremely concerned to read in the papers that there may be difficulty in confirming the appointment of Edward Levi as Attorney General. I have known Mr. Levi both personally and through members of my family on the faculty of the University of Chicago. we all have the greatest respect for his outstand- ing ability and integrity. 1 believe he is the kind of person that the average citizen wants to see as Attorney General. He will add strength to the Ford Cabinet. The recent election in Michigan. (of a Republican Governor and a Democrat to President Ford's old seat in the House) shows that the public wants to have in office the men and women who are the ablest and, of course, whose honesty is unquestioned. I am confident that with your prestige and reputation for integrity that you can help get Mr. Levi confirmed without undue delay. Respectfully yours, LIBRERY GERALD ? FORD ITEM WITHDRAWAL SHEET WITHDRAWAL ID 01265 Collection/Series/Folder ID : 001900273 Reason for Withdrawal : DR, Donor restriction Type of Material : REP, Report (s) Creator's Name : Levi, Edward Description : Confidential State of Employment and Financial Interests. Creation Date : 12/31/1974 Date Withdrawn : 06/23/1988