Subcommittee Passes on Frankfurter As He Vows Fealty to Americanism

WASHINGTON, Jan. 12 (UP). A Senate Judiciary Subcommittee today voted a favorable report on the fitness of Professor Felix Frankfurter of Harvard as an Associate Justice of the Supreme Court after the noted Jewish Liberal denied he is or ever had been a Communist and announced his full devotion to the principles and practices of Americanism.

All members of the Commitee signed the report immediately except Sen. Pat. McCarran, D., Nev., who asked Frankfurter pointedly whether he subscribes to the doctrines of Marxism and questioned him about his membership in the American Civil Liberties Union.

Turns Aside Red Issue

When the 56-year-old Harvard law professor replied, "I don't believe you are more attached to the theory of Americanism than I am," the crowd which had jammed into the hearing roared approval.

Later McCarran asked to be recorded as voting "aye."

The nomination now goes to the full committee which will consider it Monday and which with its approval, will be placed before the Senate for confirmation.

Frankfurter appeared personally after two days of hearings in which witnesses assailed his political and social ideologies, cast doubt on his citizenship, questioned his membership in the Civil Liberties Union and his activities in the Tom Mooney band Sacco-Vanzetti cases, and raised the racial issue.

Wouldn't Talk About Himself

He arrived 12 minutes late while spectators cheered and motion picture cameras recorded the scene, and at the outset read a brief statement that he did not wish to testify on his own qualifications.

"Although I believe the record of a nominee should be thoroughly scrutinized," he said, "I feel that the best interests of the Supreme Court will not be served by the participation of its nominees in a hearing of this kind. I do not wish to be put in the position of discussing controversial political views affecting the Court. My outlook on various problems has been fully expressed over a period of years. I feel that it is bad taste and inconsistent to supplement my past record with a statement on present day problems