Evening star., 1937-08-18

med on by the "
rley machines
various States, or whether some of
ese Democratic Senators are too
ed to make another fight, the fact
mains that the final poll on the
hck confirmation is the acid test of
ether court packing" with an ineli-
lie appointed is really Endorsed by
iividual members of the Senate.
indeed the issue raised by the
hck appointment introduces many
her elements that were not present
the recent court bill controversy.
:. Black is plainly disqualified by
Constitution itself from sitting on
Supreme Court. Support for this
ntention is to be found in decision
the Supreme Court itself and also
the plain language of the Consti-
ion, which says that no Senator or
preventative may be appointed to an
Ice in which the "emoluments" have
Pn increased during the term for
ich the Senator or Representative
S elected.
Issue May Be Raised Again.
The issue on the question of the
Elbility of Senator Black may be
sed again before the Supreme Court
elf, where it is believed that any
Fty to litingation in the October term
y ask the Supreme Court to rule
ether Mr.. Black is entitled under
Constitution to sit on the bench
this time.
But apart from constitutional ineli-
(ility, there Is the question of moral
in appointments to public Office.
;. Blacks only qualification for the
sition is the fact that he has done
;. Roosevelt's bidding in the Senate.
Is not an outstanding layer and
S no special familiarity with legal
hctice in the Federal courts. His
Eole background and political phil
bphy in public life has been that of
violent partisan; a tricky, prosecut-
attorney type, riding roughshod
pr the rights of witnesses at hear
Is which he conducted, and going
the very edge Of the law itself to
evidence for his lobby investi-
hing committee.
rs not believe In the constitutional
hts Of privacy of American citi-
rs, and there are some who insist
does not believe in the freedom
religion in America. Evidence was
cred in the Senate that Mr.. Black
s member of the Klan or sat
Klan meetings. This is testified to
members of the Klan who attended
meetings at which Mr.. Black was
d to have been present. There
ms no question, of course, about
fact that Senator Black won his
st elecgtion with the open support
the Klan. This is confirmed by
wspapers in his own State Of Ala
ma.
Klan Seen an Issue.
The President was so eager to get
the bench a "yes man" and so
xious to play smart maneuver on
Senate that he held up the nomi-
ton for nearly three months be-
Re sending it to the Senate and
yer stopped to consult anybody
put the Klan aspect of Mr.. Blacks
tord
The Black appointment will be an
ue In the 1888 campaign. 1t can
|rdly be otherwise When some
ing as fragrant as this is perpe-
hted it is bound to be agitated at
polls. 1t is the only way the
bple have on expressing themselves.
rtainly the Senate gave the people
opportunity to express themselves
ley steam-rolled and squelched
cry demand for public hearings on
qualifications Of Mr.. Black.
The truth is the Democratic ma
Fity in the Senate and the admin
ration were afraid of a public in
etigation, feeling that if the hear
IS were prolonged public sentiment
4uld rise against Mr.. Black and his
mination would be ultimately de-
hted. The strategy was to get con-
NATION accomplished before public
inion could be formed. 1t is piece
strategy sometimes played in poll
s-putting over something before
people can become acquainted
tn the facts. But in the long run
doesn't pay the party or the poll
ians who try it.
What emerges from the controversy
that the Republican party alone,
Us few independent Democrats,
We been standing this week for
b principle of public hearings and
vestigation Of the record of the
Rn who is appointed to be an as
eiate justice. That same minority
5 insisted that the letter of the
institution be obeyed, and that Mr..
ack was really not eligible for the
pointment.
Voters In Quandary.
Politically this leaves millions OF
ters who have taken to heart the
preme Court issue very much in
quandary. Should they rise now
defend some OF the independent
emocrats who no longer protect
e Supreme Court but sit back and
nsent to the packing" by an I'M
Institutional appointment? It GER
inly does strengthen the argument
Republican leaders in various
|ates who have never taken kindly
the idea of supporting independent
emocrats. 1t makes difficult, more
Ter, the position of many of us
ho have thought that independent
emocrats represented a new hope
American politics. means of
idging the gap between the reac-
bnary policies of the Republican
[rty and the well-intentioned but
borly edectuated policies Of the
ew Deal.