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Veywnehad suppérrer war- shall in 1962, voted “No” yes- terday. He told the Senate he did so with reluctance, and even though he was sure Mar- ;shal) would be confirmed. He said he was concerned over the growing “ultra liberal” major- lity on the court. This was the line of attack taken by Sen. Sam J. Ervin Jr. (D-N,C.) in his 80-minute lead-off opposition speech. Ervin described Marshall as a “Judicial activist” in his Con- Stitutional philosophy. He ar- gued that his confirmation would entrench a majority of that view on the court. Ervin said the “activists” now on the court include Chief Justice Ear] Warren and Justices William O. Douglas, William J. Brennan Jr., and, Abe Fortas. ‘tench tinen!> | “Add to them a fifth and! ;you will have the personal no» tions of the five, rather than the precepts of the Constitu-: tion,” Ervin contended. { of the other Southesn|, pee thor much the same jtack, Sen. Spessard L. Hol- land “TPT. charge court will be “controlled by, ultra‘ liberals” and Sen, James' O, Eastland (D-Miss.) told the Senate: “The court not only will exercise judicial powers— it will exercise legislative Powers to effect social : changes. Sen, Philip A. Hart (D- :Mich,), who floor-managed the nomination, and Sen. Jacob K. Javits (R-N.Y,) told the Senate, however, that a lot of prophets may be out of luck if they try to predict what Marshall will do. Javits recalied that Chief Justice Warren was typed as a “conservative” when named to the court but beeame its leading liberal instead. Hart agreed, saying with a grin: “A fellow who wants to make, book on a Justice of the Su-' preme Court should have some surplus capital.” | Sen. Strom Thurmond ({D-. S.C.) in an hour-long speech recalled detailed questions on the { the 13th, Yatn nd 15th Amendments he had ESE “flarshall during the hearings, some of which the witness declined to answer, He suggested that Marshall, jthough he had specialized in ‘civil rights legislation, didn’t yknow the names of the men aes drafted the lath Amend. : ward M etienucsy (D-Mass.) broke in to ask Thurmond if he would name them. “T'l] come to that later,” re- ‘plied Thurmond. He never jdid. Sen. Tydings told the Sen- ate he takes pride in the fact that Marshall is a Maryland ‘native and grew up in Balti- ‘more. Senate Vote On Marshall Assoclated Press Here is the 69-to-11 roli call | vote by which the Senate yes- | ‘pied ,cpproved President Johnsons nominattomor Thurgood Marshalf"to“ fe Supreme Court: Democrats For: 27 Anderson (N.M.) Magnuson (Wash, ) Bartlett (Alaska) McGee ¢ Wyo.) Bayh Ind.) McIntyre (N-H.) Brewster (Md.) Mondale ( Minn.) Burdick (N.D.) Monroney (Okls.) Cannon ( Ney.) Morse (Qre.) Church (Idaho) Mass (Utah} Clark (Pa.} Pastore (R.3,) Pell (R13 Dodd ¢Conh.) A Fulbright (Ark.) Proxmire (Wis.} Randotph ( W.Va.) Gore {Tenn,} Hart (Mich.} Ribleoff (Conn) Hasden | Ariz.) Bpong ( Ya.) Inouye (Hawaii) Symington (Mo,) Jackson ¢ Wash, Trdings (Md.> Kennedy (Mass.) Kennedy (N.Y.1 Lausche fOhlo} Long {Mo.) Republicans For: $2 Alken (¥t.) Hatfield (Ore.> Allott (Colo.) Hruska ( Neb.) Baker (Tenn.) Javits (N ¥) Bennett (Utah) Jardan (Ideho) Bogss ( Del.) Kuchel (Calif.} Brooke (Mass.} Miller (Iowa) Carlson (Eaen.) Morton (Ky.) Mundt (8§.1.} Pearson iKan.} Perey (I11.+ Moullkams «NuJ.) Yarborough (Tex, } Young i Ohio} Case iNJ.) Cooper ( Ky.) Cotton (N.H.) Curtis «Neb, ) Prouty i Vt.) Dirksen '1)l,+ Beott (Pa.) Dominlek (Colo.) 8mith « Maine) Fong (Hawaii) Tower (Tex.i Griffin (Mich.} Willams (Del) Hansen « Wro,! Young (N.D.} Democrats Against: 10 Byrd (W.Va. Eastland {Misgs,) Ellender ¢Ba,} Ervin (N.C) Sparkman (Ala.) Hill (Ala.> Talmadge (Ga.) Republicans Against: 1 Thurmond (6.0.) Not voting cut palred (patra are used to denote the positions of ®enstors when one or both are absent); Beenie, Selb tama) for confirmetTtir nis . .}, agalnst, Holland (Fls,) Hollings (8.C.} Long ‘La.} tne By Wally McNamee—The Washinaton Post ee My I shall be ever mindful of... The@tn- stitution... to the goal of equadiustice,”” tees thurgood Marshall