Evening star., 1937-09-19
BLACK OPPONENTS
SEEK LEGAL WAY
TO FORCE CUSTER
New Retirement Act May
Offer Basis of Move
on Appointment.
KING SUPPORTS BORAH
IN INELIGIBILJTY STAND
Glass Is Convinced Justice Will
Stay on Court-Asserts Row
Is Waste of Time.
BY G. GOULD LINCOLN

Opponents of the retention of JUS
tice Hugo L. Black on the Supreme
Court, provided he cannot disprove
the charge he has been a member of
The Ku Klux Klan, last night were
casting about for some legal means
which would remove him from the
bench.
The legality OF his appointment
may be challenged on the ground
that as a member of Congress when
the new retirement act was enacted
Black Is ineligible because the emolu-
ments Of the office were increased
and because the act virtually created
. new and additional member OF the
Supreme Court. Two members Of
the Senate Judiciary Committee, SEN
ator King, Democrat, of Utah and
Senator Borah, Republican. of Idaho.
&pok this position
Senator King declared that If q
aitigant, with case before the Su-
preme Court, should challenge the
right OF Justice Black to sit in the
case, the court might be compelled
to take cognizance of the matter.
Senator Borah, who has contended
that Black was ineligible because a
new ofice was created by the retire.
ment act and the subsequent appoint
ment Of Black, was inclined to con-
cur In this view of the Utah Senator
. Two Suits Already Filed.
Already two suits have been filed by
persons challenging the Black ap-
pointment. The fact, however, that
neither Is involved in litigation before
the court-other than their own in
dividual attacks on the eligibility of
Justice Black-seems to make their
suits futile in view of past decisions
OF the Supreme Court.
Senator Lonergan of Connecticut
isued statement in which he declared
that If Justice Black fails to issue a
statement, Congress should take
action on the ground of the conceal
ment OF Z material fact" The Con-
necticut Senator did not state what
action specifically he thought Congress
should take. The only legal and ef-
fective action 1t might take would be
impeachment proceedings, but such
seems very doubtful.
There is the possibility" Lonergan
continued, that the Supreme Court
will decide that Justice Black is ineli-
gible, due to the fact that he was a
member of the Senate when the retire.
Anent act was passed"
THE rumors during debate on his
confirmation that he held membership
In the Klan were denied by his friends.
AS evidence of his tolerance it was
stated that he supported Senator
Bankhead in his contest with former
Senator Heflin, and also supported
Gov. Smith in 1923. In over four
years service with him in the Senate
observed nothing that would indicate
intolerance. do not agree with some
of his political philosophy. I voted
for and favored the motion to recon-
nit his nomination to the Judiciary
Committee, hoping that a hearing
would develop the facts. Only Is Sen
ators voted for the motion / would
not vote knowingly for any one for
public Office who practiced intoler-
Ance"
Effort Useless, Says Glass.
Senator Carter Glass, at his home in
Lynchburg, Va, said yesterday, &C
cording TO an Associated Press dis
patch, that he was convinced Black
!. would remain a member of the Su-
preme Court. Senator Glass voted
against the confirmation Of Black
He said the controversy lis a waste OF
time. Black cannot be removed and
1t is incredible that he will resign,
said Glass. He had already been
quoted as saying that Black was ''ut-
terly unfit" for appointment to the
Supreme Court, regardles of the Ku
Klux Klan charges.
Two Florida Senators, Pepper ane
Andrews, came to the defense of JUS
tice Black. Pepper said the charges
against Black .ere a smoke screer
for an attack on President Roosevelt
(See BLACK. Page All