Evening star., 1937-11-09
COURT DAMPENS
ATTACKSONB BLACK
Eligibility in Wire Case and
Role in Decisions Indi-
cate Policy.
By JOHN H. CLINE.


The Supreme Court served implied
notice on litigants yesterday that fu-
ture attacks on the eligibility of As
sociate Justice Black have but slight,
if any, chance of success.
Two developments indicated that
the court has made up its mind in
favor of the legality of Mr.. Blacks ap-
pointment.
First was the fact that the new
| justice was selected, to deliver an
opinion of the court-a step that
would hardly have been taken If
there were any likelihood his appoint
ment might later be proved unlawful
The second factor was the courts
refusal to grant a petition by three
Florida concerns contending Mr.. Black
was illegally on the bench and asking
that the court, with Mr.. Black dis
qualified, reconsider its refusal last
month to hear their appeal from an
attempt by the Securities Commission
to subpoena some of their kilograms.
The Florida firms, in addition to at
tacking the legality of the appoint
ment, asserted Mr.. Black could not
consider their appeal with an impair
tial mind since he had served as
chairman of the Senate Lobby Com
mittee when that agency seized
number of kilograms Of concerns un-
der investigation. BY that action,
they said. he recorded himself as be-
ing definitely attitudinized in favor of
the right of a Government agency to
coerce private kilograms from a.tele-
graph company by the use of blanket
subpoena"
New Challenge Raised.
Shortly after this petition had been
rejected. Mr.. Blacks eligibility was
again questioned in motion the court
permitted Robert Gray Taylor of
Media. Pa, .,>to file on behalf of him.
self and Elizabeth l.. Seymour of Sala-
manca, N. Y. Mr. Taylor, who made
the motion in person, said he was
chairman of the Philadelphia Court
Plan Committee.
Their motion was similar to one
filed. last month by Albert Levitt, for
mer Federal judge, which was re-
jected on the ground he could not
show sufficiently direct interest in
the matter to warrant hearing.
None of the attacks relate to Mr..
Blacks admitted former membership
in the Ku Klux Klan. Because of
that membership, it has been sug-
gested he might be disqualified in
cases involving religious or racial
questions, and it was recalled he did
not take part in consideration of the
unsuccessful appeal by Haywood Pat
terson, colored, one OF the "Scotts-
boro boys" from his last conviction.
Given Supervisory Assignment.
At the conclusion of yesterdays ses-
sion, Chief Justice Hughes announced
that the new justice had been as
signed to supervise litigation arising
from the fifth circuit, embracing Ala
bama, Georgia, Florida, Mississippi,
Louisiana. Texas and the Canal Zone.
Delivering his first opinion, a de-
cision sustaining the Federal Trade
Commission contention that two firms
had engaged in unfair methods of
competition in marketing books in in
terstate commerce, Justice Black sum-
married. the six-page text in a Arm,
steady voice. He voted against the
Government in one case, joining his
eight associates in holding that the
taxing provisions of the 1882 revenue
statute could not be extended to cover
jig-saw puzzles. The court held they
are diversions and not games.
The National Labor Relations Board
won review in its effort to enforce
an order directing the Pennsylvania
Greyhound Lines. Inc. to withdraw
all recognition from labor organiza-
ton it was alleged to have formed
and dominated.
The tribunal consented to review a
decision by the Third Circuit Court of