Montana labor news., 1937-10-07
WHO EXPOSED BLACK!
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/ NoAA aAoO b0 ROnlbAN(A1 RA10AChCa |
that there will be no impeachment
proceedings against Black-despite
all the labored dope" stories from
Washington and the threatening
mutters from Senators Wheeler and
Burke and other renegade liberals
and reaetionary Democrats. There
will be no move to impeach because
there are no grounds for impeach-
ment. The breast-beaters are fully
aware of that. Their outpourings Of
righteous indignation are sham
maneuvers to make political capital
for themselves. It is highly signifi-
cant that the real liberals in both
the House and the Senate, men who
fought shoulder to shoulder with
Black in scores of battles for reform
legislation, have not uttered a word
of condemnation against him.
That the White House was stunned
by the expose is putting it mildly.
From the President down, the inner
circle was astounded and frightened.
The first reaction very definitely
was panicky. Some felt that the
President would have to modify his
plan to launch a new attack on the
Supreme Court in the speech he was
then in the process of writing. They
did not see how he could blast the
court in the face of the Khan ex-
plosion. The affair was discussed
at length at a Cabinet meeting. At
least one member urged strongly
that the President issue a statement
declaring that he would not have
named Black had he known of his
Klan connection. Roosevelt reject
ed this counsel. He agreed that it
was advisable to say something, but
held that it should be merely a state
ment to spar for time until public
reaction could be gagged mor ac-
curately. And that was what he did.
Whether the President seriously
considered soft-pedaling the court
issue in his speech is not known. But
the "I-told-you-so" chortles of glee
from Wheeler, Burke, and Copeland
unquestionably had a lot to do with
stiffening his backbone. Under the
spur of his deep hatred of them, and
on the very sound theory that the
best course was a bold and uncon-
cerned front, he went through with
his original intention to open a new
offensive against the judiciary. His
speech, incidentally, was the most
effective fighting argument he has
made in the court battle. Had he
opened with such an attack last
February, instead of with the stupid
and unsupportable grounds of age
and overcrowded calendars that At
torney General Cummings sold him,
he would have saved himself much
grief and embarrassment. 1t is sig
nificant that Cummings was not con-
suited on this last address. The
President intends to harp on his anti
court theme in at least one of his
prepared speeches during his coming
trip across the continent.
While they have regained their
composure and now confidently be-
lieve that the President has not suf-
fered a loss of popular support, some
of his advisers privately are worried
about what the Supreme Court may
do with the Black-Klan matter.
There are pending before the court
two petitions seeking its permission
to challenge Blacks right to sit on
the bench. The petitions were filed
long before the Khan expose. They
are based on two legalistic conten-
tons advanced during the confirma-
ton debate in the Senate; first, that
since Van Devanter retired and did
not resign, no vacancy exists on the
court; and, second, that by voting
for the retirement act Black barred
himself from appointment to the
vacancy. Until the Khan expose gov
eminent lawyers considered the pc
titions of no consequence. There is
nothing in the Constitution that
gives the court power to unseat its
members. But they are now Won
dering whether Chief Justice
Hughes, who played such a con-
trolling role in scuttling the Presi-
dents s~ix-judge bill, may not seize