Evening star., 1937-10-05

CnAC ne pOASeSSeSz tne necessary quail
fications." And the Chief Justice
says to the neophyte: you may
pass to the clerks desk and take the
oath"
There were some 30 or more to be
sworn in, but Immediately after the
first there was an interruption. A
lawyer sitting within the inclosure re-
served for members Of the bar Of the
Supreme Court rose and started to
address Mr.. Justice Hughes.
Il wish to ask the court 4 ques-
tion," he said.
Chief Justice Hughes responded:
"Has your question been put in writ
ing?"
The lawyer said 1t had not. "If
your motion is not in writing" said
the Chief Justice, ut will not be con-
sidered; oral motions are not In order
at this time"
Lawyer Persistent.
The lawyer was . little persistent.
There was dignity and impressiveness
when Chief Justice Hughes. raising his
hand from the wrist. with the palm
turned toward the lawyer, said: "You
have been warned" and explained
carefully to the lawyer that his ques-
tion must be put in writing and filed
with the clerk; that the court, at this
time. was not considering oral state
ments.
1t was finally borne in upon the
lawyer that he was speaking out of
turn, and the episode ended. The
newspaper men learned later that his
wish was to raise the question Of the
right Of Mr.. Black to sit on the court,
upon the same constitutional ground
that was raised by another, Mr.. Al
bert Levitt.
Mr.. Levitt had been careful to pro-
ceed In order. He had written out his
petition and filed 1t with the clerk.
The petition questioned the right of
Mr.. Black to sit. on the constitutional
ground that Mr.. Black, while In the
Senate, had voted to increase the
emoluments Of Supreme Court JUS
tices, and therefore could not, under
the Constitution. take the ONCE. To
Mr.. Levitt's petition, Chief Justice
Hughes made the same response that
he made to several other petitions on
various matters that were presented.
The response was merely to the effect
that the petition is received. Presum-
ably next Monday Chief Justice
Hughes will give Mr.. Levitt his an
swer. Presumably the answer will be
either that the court declines to con-
slider the petition, or else that Mr..
Levitt will be given an opportunity to
argue it.
All Eyes on Black.
Throughout the brief session IL
lasted only IS minutes-al eyes most
OF the time were on Mr.. Black He
had an expression Of alertness. That
might be explained merely by his new
ness on the court. While Mr.. Blacks
eyes darted about to take in every
thing that was going on. the senior
justices excepting Mr.. Hughes, who
had duties that occupied him) looked
contemplative. Mr.. Justice Roberts,
when he Is contemplative, holds three
fingers Of his right hand to his right
temple. Mr.. Justice Cardozo holds one
finger Of his right hand to his right
temple.
But Mr.. Black Was not contempla-
tive. He was ALERT. Possibly it would
not be too much to say he was wary.
One might easily misread any mans
expression under extraordinary cir
cumstances. One might attribute to
. central figure in any drama an ex-
preston not actually there. But one
could not help feeling there was un-
easiness in Mr.. Blacks countenance
He looked as if he feared that at any
moment some one might arise and say,
Il forbid the banns."
If Mr.. Black looked pale and worn.
that is natural considering the ordeal
he has been through. 1t Is natural
to think he looked . little like = rabbit
that has been grazed by the shot from
one barrel and Is wondering whether