Evening star., 1937-10-01
BAR GROUP NEAR
BLACK RESOLUTION
Compromise Is Sought Upon
Which to Base Views
of K|an Issue.
7: the Associated Press.

KANSAS CITY, October IA Res
clutions Committee tackled the Jus
tice Black question today in search
OF \ compromise which may bring
an American bar expression on the
latest Supreme Court appointment.
Whatever the committee decided
seemed destined to plunge the bar as
sembly back into the wrangle which
ended yesterday in drive to demand
open Senate hearings on court ap-
pointments and condemn judicial
membership in a secret order "actu-
ated by religious and racial animos-
aty."
The assembly itself killed a pro-
posed investigation of "the latest ap-
pointee CHugo L. Black" but tossed
back to the committee the gnarled
problem Of drafting an expression ac-
ceptable to all. BY the narrow ma
jority of 1873 to 161, members re-
fused to drop consideration Of the
question.
Regardless OF what the assembly
does with any new committee rec
ommendation, its action must be
ratified by the house of delegates be-
fore 1t becomes a formal express
sion Of the Bar Association.
Committee In Secret Session.
The Resolutions Committee went
Into secret session after yesterdays
stormy assembly meeting and called
in Robert Lee Tullis of Baton Rouge,
La, and Lessing Rosenthal of Chi
cago, proponents of the two-sided
move for action on the Black amend
ment.
1t was Tullis, 73-year-old former
dean Of law at Louisiana State Uni
versity, who brought the question
before the convention Monday with
this terse resolution:
That it is the sense of this asso-
citation that MEMBERSHIP in secret,
oath-bound order, actuated by re-
ligious and racial animosity, is in
compatible with membership in the
Supreme Court of the United States
and that the relevant facts in regard
to the latest appointee to that high
post should be ascertained by an i'm
partial committee of five created by
this association"
Moves to Strike Probe Clause.
When the Resolutions Committee
reported adversely on the proposal
Tullis himself moved to strike out
the investigation clause.
Rosenthal hurried forward with a
substitute urging public Senate hear
ings on judicial appointments.
Il think the Tullis resolution I'M
fortunate in its present FORM" said
the white-haired Chicagoan, but
added, IF ever the Senate did not
afford a public hearing this was the
time. 1t shows the dangers we're
subjected to if a person can be nomi-
mated to the Supreme Court without
hearings on his qualifications
His proposal was ruled out in
parliamentary squabble during which
the motion to postpone the whole
matter indefinitely was killed.
Finally, Rosenthal succeeded in get
ting his recommendation before the
Assembly as separate resolution.
Charles M. Hay of st. Louis, un-
successful Democratic nominee for
the United States Senate in 1928
and supporter of Alfred E. Smith,
brought the floor debate to head by
warning.
I'VE don't want to do anything here
that will muddy the waters any further
in America or do anything to increase
feeling. I perhaps have suffered as
much from this agitation as any one
in Missouri. In Gods name let's not
have the members of this association
contribute anything to further the
bitterness"
Back to Resolutions Committe.
At his suggestion the assembly voted
almost unanimously to send the whole
matter back to the Resolutions Com
mittee with instructions to come out
with a new report.
In an address to the Bar Associa-
ton last night Senator Edward r.
Burke, Democrat, of Nebraska, a leader
OF the Senate opposition to President
Roosevelt's Supreme Court plan,
warned the lawyers repeatedly he ex-
poets renewal Of the court battle
probably over the power to declare
legislation unconstitutional.
The Senator said there are "a
number Of reasons. some of which have
developed since Congress adjourned,
which lead me to doubt there will
be any new proposal for additional
judges.
1T seems to me very clear that it
Is around the question (of judicial
review that the next court battle
will rage"