Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-08-17
THE POLITICAL
MILL
BY G. GOULD LINCOLN.


Hugo Black of Alabama to be an asso-
ciate justice of the Supreme Court was a
urprlSe-merely because of the secretive
way in which the appointment was made
Ever since the President sent to the Con-
greSS his court bill, for the addition of a
maximum of six new justices to the
highest court, it has been entirely clear
what kind of men he intended to place
on the bench. He intended to appoint
liberals-like Black-Who would support
his idea that the only need was a new
Interpretation of the Constitution. He
intended to appoint men who would up
hold New Deal legislation in their
opinions.
The President did not explain to the
public or to the Democratic leaders on
Capitol Hill that he had Senator Black
in mind for the vacancy in the Supreme
Court, caused by the retirement of As
Sociate Justice Van Devanter. There
had been no intimation that the Ala
bama Senator was under consideration
for the post The President enjoys sur
prises The appointment of Black was
all of a pattern with his message to
Congress last February urging the pas
sage of his Supreme Court program. He
did not tell his party leaders then that
he intended to move for an increase in
the membership Of the court He kept
it a secret up to the last minute. 1t was
the same way with the Black appoint
| ment. This surprise technique is good
for the headlines. How good it will
prove for harmony in the Democratic
party is another thing.
Iok
waited to the supreme bench unless the
opposition to his confirmation develops
an unexpected strength, has plenty of
ability In his conduct of certain sena-
torial Investigations he has given the i'm
preston that he believes that the end
justifies the means. This is not exactly
the theory which is expected of Supreme
Court justices. A judge is expected to
be able to see all sides of question
A strong partisan rarely does The fact
that Black had the support of the Ku
Klux Khan in his fight for the Senate
seat he now occupies has been widely
declared. 1t has been intimated in some
quarters that he may have been a mem
Der of that organization himself But
no one has pinned the label on him.
the Senate may shield him from
searching inquiry into his qualifications
and his past political history. The
President has been credited with being
particularly smart" in selecting a Sena-
tor at this juncture. a Senator who ap-
parently holds the Presidents own views
on what the Supreme Court should decide
when a New Deal law is presented for
consideration. Other Presidents in the
past have selected men for places on
the Supreme Court whose minds APP
parently ran along with their own on
political and economic questions. 1t
should not be surprising, therefore, that
President Roosevelt has done the same
thing.
Presumably, the President will have
other places on the Supreme Court to
fill, either because some of the sitting
justices retire, as Van Devanter did, or
because Of death. When he has such
appointments to make doubtless he will
pick other liberals for the places. There
is Senator Minton of Indiana, for ex-
ample. Minton and Black are alike as
two peas when it comes to their attitude
toward the President and his policies.
If any one had any idea that the
President was going to swing to the
right" during his second term of Office,
that idea has been dispelled by this
time. There were conservative Demo-
Gratis who supported the President in
the last election who had no such idea
They believe they could be of more
service, however, if they remained in the
Democratic party. Their purpose was
- Io s,, l>,-a
the President and his legislative policies
when the time came. That is just what
lot of the Democratic Senators are
seeking to do today.
They have been particularly effective,
especially since they have been joined by
some of the more liberal Democrats, like
Wheeler of Montana, who still cling to
the idea that the Federal judiciary should
be independent of executive and political
control. The fight in the Democratic
party itself today might have been fore
seen-and probably was by some of these
Democrats. 1t is nonetheleSS spectacular
and amazing.
Congress, according to reports. is about
to adjourn. 1t is about to adjourn with
out putting through several of the major
legislative enactments urged by the Presi-
dent The Chief Executive met actual
defeat in his effort to remake the SUI
preme Court by legislative action. In
addition he has been unable to prevail
upon the Congress at this late date to
take up and pass new crop control bill,
his wages and hours bill or his bill giving
the President absolute authority to re-
organize the executive departments of
the Government as he sees fit. All three
of these measures are to go over until
Fall session, or until next January,
unless there is a quick change in the
situation
Perhaps the President and his adj
visers have reached the conclusion that
a recess of Congress, with the members
all at home for while will bring greater
harmony when the Senate and House
meet again. Perhaps they believe that
the administration will have an easier
time lining up the votes in Congress a
few months hence-which will be few
months nearer the congressional cleo
tions. Will Democratic Senators and
Representatives be quite so willing to
buck" the President when they know
that within few months or weeks they
will have to run for denomination?
X X =
The President and his followers be-
lieved few months ago that the nearer
the vote on his court bill was to the
congressional elections, the easier it
would be for the administration to win
a victory. They banked on it. But in
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