Evening star., 1937-10-03
Supreme Court in Spotlight
Session Opening Tomorrow
BY JOHN H. CLINE.

~ become almost ritualistic in its
Solemnity the nine justices of
a the Supreme Court will file into
the spacious court room at the stroke
of noon tomorrow and take their seats
for the beginning Of a new term.
Behind them lies a session that will
90 down in history as marking the
failure Of a violent assault on the in
dependence Of the judiciary. 1t wit
messed courageous and successful
revolt in the Senate against the de-
termination of the President to dom
mate the highest court in the land
The court played a decisive part in
this victory, but in doing so it was
obliged to enunciate new and more
liberal Interpretation Of the meaning
of the Constitution.
In the months to come, the applica-
ton Of this new conception of the
organic law, with its grant OF greater
power to the central government, will
be watched by the Nation with keen
est interest.
Public Affected.
The cases now before the court
awaiting decision affect virtually every
citizen in the country. Involved are
broad questions of governmental
power, and favorable rulings are essen
tial to the working out of New Deal
policies. Should the rulings be ad-
verse to the administration, another
clash between the President and the
court would almost surely follow.
When the court meets tomorrow, q
new justice will be on the bench for
the first time in more than five years.
He is Associate Justice Hugo L. Black
formerly Senator from Alabama, who
was named by President Roosevelt to
succeed Justice Willis Van Devanter,
who retired June 2.
Justice Black comes to the bench
under circumstances that are without
precedent in our history.
He was appointed after the Presi-
dents bill to reorganize sthe court
which he heartily supported, had met
defeat. An ardent believer in the New
Deal program in all its phases, Black
was one of the Senate's most consist
ent critics Of the courts ''reactionary''
decisions.
Barrage of Criticism Follows.
After Blacks confirmation, however
he became the target of violent crit
iclsm himself. Prior to his confirma-
ton, his appointment had been as
sailed on legal grounds and on the
theory that he lacked judicial tenn
perament. But these allegations re-
ceived scant consideration in the
Senate and his nomination was
speedily approved. Then came the
charges that Black had been a men,
Der of the Ku Klux Klan and had
been elected to the Senate as the can
didate of the Klan.
For more than two weeks Black
refused to answer this charge, but
last Friday night, in a radio address.
he admitted that he had been a
klansman, but said he resigned in
1925 and repudiated the Klan in its
entirety.
Black was specific in pledging his
allegiance to the Constitution and he
concluded his address in a concilia-
tory manner. Presumably, he will
take this temperate attitude with him
to the bench, but whether it will stand
the stress of controversy over New
Deal legislation remains to be seen.
Method Planned Uncertain.
AS the judges assemble for the
new term it is clear to all that the
President has by no means abandoned
his determination to force a judicial
Interpretation of the Constitution that
Will harmonic with his legislative
program. The precise method by
which he expects to enlarge the Su-
preme Court remains uncertain, but
there was no mistaking the thinly
veiled challenge to the court in his
Constitution day address.
Mr.. Roosevelt still expects the Su-
preme Court to follow the election
returns, and he all but said SO in as
many words when in his talk on
the Constitution he declared:
LESS than two years ago So of the
highest-priced lawyers in the land
gave the Nation a solemn and formal
opinion that the Wagner labor rela-
tions act was unconstitutional And
in few months first national elec-
ton and later the Supreme Court
overruled them"
Series Of Liberal Opinions.
The threat implicit in those words
Is one that the justices cannot afford
to ignore. During the thick of the
fight over the bill to add six new
judges to the court, when it seemed
that the President might have his
way, the justices cut the ground from
under him by handing down a series
of liberal opinions upholding New
Deal laws. Taken completely by sur
prise, Mr.. Roosevelt, resentful and
suspicious of the liberal stand taken
by the court, pressed his fight for the
bill and met crushing defeat.
Now he is in the West, touring the
States represented by Senators who
led the fight against the bill. Although
he has maintained strict silence con-
corning his plans for the court, 1t is
a safe bet that he is testing the
temper of the people and gauging the
amount of support he can expect
from them should he later decide on
another frontal attack.
In one significant sentence in the
Constitution day address he sid: