Evening star., 1937-09-14


Now the publication of facsimile
letter in which Senator Black is rep
resented as having been a member of
the Klan puts the members of the
United States Senate who voted for
Mr.. Blacks confirmation in an awk-
ward position. A majority of them
refused to permit the nomination to
be investigated by the Judiciary Com
mittee, even though Senator Burke of
Nebraska told the Senate he had wit
nesses in Washington ready to testify
rs to Mr.. Blacks membership in the
Khan.
The reason why the Senators re-
fused is that they frankly did not be-
heve Mr.. Black had been member.
Senator Borah, for instance, went on
the assumption that Mr.. Blacks per-
sonai denial was sufficient. This
denial, however, was supposed to have
been given orally and it is not stated
whether Mr.. Black said he had never
been member or whether he was not
. member at the time he spoke to
Mr.. Borah.
In any event the question affects
100000 Catholics, about $4,000 900
Negroes and about 100000 Jews.
For the Ku Klux Klan WAS, and is.
movement which has for its object
discrimination against Catholics, Ne
groes and Jews.
Should Make Statement.
II Mr.. Black was never q member,
he should say so publicly and then
the proof will be as to whether the
signature on the letter is or is not
bona fide.
II Mr.. Black was indeed 4 member
Of the Klan and subsequently re-
signed. he ought to ask Mr.. Roosevelt
to withdraw the nomination to be
supreme Court justice. For it is
doubtful whether the President knew
Mr.. Black had been a member of the
Khan. If the fact Of membership is
established, Mr. Roosevelt is going to
Be under pressure to ask Mr.. Black
to resign.
Technically, of course, Mr.. Black
has been appointed for life and he
need not resign if he does not wish
to do so. But If it became known
that President Roosevelt does not
want Mr. Black to sit on the bench.
1t is possible that the Supreme Court
would take cognizance Of another
angle Of the Black controversy.
namely, that which relates to his
eligibility.
Under the terms of the Constitu-
ton itself, no member of the Senate
or House is eligible for appointment
to any civil Office in which the "emol-
uments'' have been increased during
the time the Senator or Representa-
tive served in Congress. ''Emol-
uments" have been construed to mean
any advantages or benefits. The Con-
gress in March, 1887, passed law in
creasing the emoluments of the Su-
preme Court by providing retirement
BENEFITS.
Question Already Raised.
How to get such a question before
the court? Already one lawyer has
Med petition asking the court to
rule on Mr.. Blacks eligibility. The
case is unprecedented. When the Su-
preme Court meets next month, the
petition doubtless will be pressed.
Meanwhile the absence of Mr.. Black,
who is travelling in Europe, makes it
difficult to get all sides Of the con-
troversy. He himself refused to give
the New York Times correspo adent
IN Paris any information. Tlia is
strange. For if Mr.. Black is not 4
member of the Klan or has never been,
he ought not hesitate to say so. Fail
ure to say anything at all may be con-
strued by many people as an admis-
aion that there is substance to the
charges.
There will be some persons, OF
course, who are in sympathy with the