Evening star., 1937-09-15
Caveat Emptor.

UuDllc
statement regarding the matter of the
alleged disqualification Of former Sem
etor Black for the associate iusticeship
to which he has been appointed and
confirmed contributes nothing to public
information. In fact it leaves the matter
precisely where it was, which is in the
realm of uncertainty and doubt. The
President declines to make further
comment" until the Senator Justice re-
turns from abroad and has an oppor-
tunity to read all the articles that are
now being printed concerning his mem
bership in the Ku Klux Klan.
1t may be deduced from this state
nent-indeed it is to be assumed with
out such statement-that the Presi-
dent had no knowledge or intimation of
Senator Blacks connection with the
Klan when he rendered him the judicial
appointment. He took him on faith, as
it were. 1t would be only fair to assume
that he had such complete faith in his
prospect" that he asked him no ques-
tions.
This attitude ON the part of the Pres
ident toward his appointee is somewhat
10 opposition to the old and we'll estab-
lshed principle of "caveat emptor,"
which is that the buyer must beware
against imposition and fraud on the
part of the vendor. 1t is, in short, up
to the buyer-whether of goods or serv-
ices-to ascertain the soundness of that
which he is acquiring and not take it
for granted or to accept silence in re-
spect to possible disquanfcations as
guarantee of merit.
Presumably the President in his con-
ference with Senator Black-it must be
assumed that there was such con-
ference-did not ask point blank the
question, do you know of any fact or
situation or connection in your public
or private career that would possibly
initiate against you in this high COM
mission which contemplate for you?"
He took his man on faith. He took
chance, in short, on there being some
skeleton in the closet, some unpleasant
circumstance that if disclosed would
make confirmation difficult or impossible.
That was commendable optimism,
which seems not to have been wholly
justified.
There is, however another angle to
this matter that requires consideration.
In the usual course of public admins
tration, whenever an office of Importance
is to be filled some inkling of the iden-
tity OF those persons who are under con-
sideration is allowed to reach the public
ear, SO that there may be a chance for
the disclosure of reasons why such an
appointment would be unfit. In short.
1t is like the posting of banns, that
practice Of yesteryear which required
the proclamation of the intention of
certain persons to be welded and there
by giving notice to those who might
know OF reasons why such marriage
should not take place. Seven DAYS were
thus given possible objector to inter-
vene. In the case of Senator Black. how
ever, there was no posting of banns. His
nomination came as a complete surprise
to everybody but those very few who
were in on the secret Of the selection
by virtue of their official positions.
Now all this pertains to the suggestion
that If Senator Blacks membership in
the Ku Klux Klan had been definitely
established and positively known to the
President he would not have been NOM
mated to the judgeship. 1t pertains
likewise to the suggestion that if,
whether known by the President or not.
he had been nominated and the fact of
the connection had been clearly known
10 the Senate, without dispute or evasion.
ne would not have been confirmed as
associate justice. Those suggestions may
not be warranted. Reason, however. and
reliance upon the sound judgment and
the good faith of the President and the
WISDOM of the Senate support the belief
that II this connection were established
and known there would not TODAY be
the awkward situation of an associate
justice with dubious credentials knocking
at the doors OF the Supreme Court.