From Pillory to Post

Frank Morrissey's closest cronies would not claim that he is a learned jurist or even a seasoned trial lawyer.

Nonetheless, argued Massachusetts' junior Senator last week, the Kennedy clan's longtime political trusty has a more substantial qualification for the federal bench in Boston. In Ted Kennedy's words, Frank is "absolutely in corruptible."

The subtle merits and elusive memo ries of Francis Xavier Morrissey, 55, were scrutinized for nine hours by Senate Judiciary Committee members, who then approved President Johnson's nominee for the $30,000-a-year lifetime judgeship (TIME, Oct. 8). There were, of course, turgid testimonials arranged by Morrissey's backers. Anticipating opposition in Senate subcommittee hearings, they put on ten witnesses and adduced an encomium from Richard Cardinal Gushing, who in 1956 christened Morrissey's tenth baby, Richard Gushing, in the first such ceremony ever televised.

Teddy Kennedy, at whose family's behest Morrissey was made a Boston municipal justice in 1958, avowed that the nominee's "qualities of character are of the highest order." Added House Speaker John McCormack: "I like a man who is loyal. What's wrong with rewarding your friends?" The most memorable characterization was offered by Walter McLaughlin, president of the Massachusetts Bar Association, which did an about-face and decided to support Morrissey after twice opposing his nomination. "His educational background," said McLaughlin, "has been pilloried from post to post."

Unpleasant Word. The American Bar Association sent three officials to pillory some more. They pointed to conspicuous gaps in Morrissey's background as lawyer and judge. Concluded Bernard Segal, former chairman of the A.B.A.'s federal judiciary committee: "We have not had any case in which those factors are so lacking as in the case of Judge Morrissey."

The air of unreality deepened when Albert Jenner, present chairman of the same committee, disclosed that in 1933 Morrissey went to Georgia, where it was then possible for a resident to gain admission to the bar without an examination. Morrissey, then 23, had already dropped out of law school in Massachusetts, had a try at the bar exam nonetheless, and failed it. In Athens, Morrissey obtained a Georgia diploma from a two-man outfit, now defunct, called the Southern Law School. Jenner called it a "diploma mill." Armed with this credential and testimonials from both of his teachers, Morrissey was admitted to practice before superior court in Clarke County on Sept. 7, 1933. The next day he went to Atlanta, where he won admittance to the Georgia supreme court and the U.S. district court, with two more diploma crammers as character witnesses.

"As near as we can determine," Jenner concluded, "Morrissey returned to Boston either the night of the 8th or the morning of the 9th of September." Illinois' Senator Everett Dirksen observed: "If you allege that you live in one state for the purpose of being admitted to the bar, and you're not [a resident]--there's a rather unpleasant word for that. It bothers me." Oddly enough, Morrissey, the Justice Department and Teddy Kennedy's office had all neglected to inform the Judiciary Committee of Morrissey's educational foray in Georgia.

Absent Voter? Grim-faced, the short smartly dressed nominee admitted that the episode in Georgia "showed poor judgment and, at that age, poor maturity." But, he insisted, he had "honestly and sincerely" intended to settle in Georgia and practice law there, went home only because he could not get any cases in Atlanta. Morrissey made no use of his Georgia bar membership. He later finished his education and routinely passed the Massachusetts bar exam. How long did he stay in Georgia? 'I was there about three months in Athens," Morrissey said at one point I was there [in Georgia] altogether a little less than a year," he said later Again: "Totally, I was there for about nine months." And finally: "I left less than six months after I was admitted to the bar. I did not leave the following day." If, as he implied, he stayed in Athens for three months, and for six months more in Atlanta, his residence in Georgia lasted from June 1933 until some time in March 1934.

The subcommittee chewed this over but took no vote. A day later the parent Judiciary Committee called Morrissey back for an hour of private conversation, then voted 6 to 3 in his favor with seven committee members absent' Frank emerged beaming. "I have no hard feelings toward anyone," he said

As Morrissey waited for the full Senate to act on his confirmation this week a new mystery turned up. Boston records showed that on July 26 1933 when he was ostensibly cramming law in Georgia with every intention of staying there, Morrissey registered in person to vote in Massachusetts. He celebrated his return to Boston by entering a Democratic primary for the state house of representatives in 1934-- though the Massachusetts constitution stipulates that "every representative for one year at least immediately preceding his election, shall have been an inhabitant of the district for which he is chosen." Anyway, Morrissey placed twelfth out of 16 candidates. It was his last fling at elective politics.

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