The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-10-21

oSltlOn ana It's related questions, ne
wanted to find out how the country
felt concerning those Democrats
who had opposed the court packing;
he needed information about the de-
mand for an extra session of con-
gress to enact crop control legisla-
ton and, in addition, he wanted to
see what the general feeling was
about the Sino-Japanese war.
The trip was timed admirably. It
took Mr.. Roosevelt away from
Washington and, further, away from
the red-hot cauldron resulting from
the fact that Associate Justice Hugo
L. Black of Alabama was men,
Der of the Ku Klux Khan. Being on
a special train and in position to
avoid press conferences except
when conditions were propitious, he
was able to avoid any statement of
his views concerning the exposure
of his only appointee to the Supreme
court of the United States.
The information that filters back
from observers aboard the Presi-
dents train presents something of
a paradox. Almost unanimously,
the observers found that Mr.. Roose-
welt was still immensely popular
personally. Concerning his various
programs, including crop control
legislation, the observers report that
they found conditions ranging from
violent opposition to plain apathy or
complete lack of interest.
It is a most confusing situation
from a political standpoint. I have
found few individuals able or willing
to attempt an analysis of it. Gen.
orally speaking, lack of enthusiasm
for a program sooner or later will
kill off politically the individual who
sponsors the program. Yet, no one
will say at this time at least that
such result can be expected in Mr..
Roosevelt's case.
But the political effect of his Chi
cago speech must not be minimized.
Whether Mr.. Roosevelt so intended
or not, his speech demanding that
Japan respect treaties and observe
the rights of other nations and his
pointed criticism of policies such as
those employed by Mussolini, Hit
Ter and Stain, have the effect of
rallying the people behind him. I
do not question the Presidents sin
cerity in the Chicago speech. I only
recite here what obviously and nat
urally comes under any such set of
circumstances.
Some persons who are opposed to
the New Deal have been mean
~ enough to say that
bfdcR Mr.. Roosevelt took
Klan Affair his trip West in or
der to get away
from Washington until the incident
involving Associate Justice Black
had blown over. ! do not know
whether the exposure that Mr.. JUS
tice Black had been a member of
the Ku Klux Khan alone prompted
Mr.. Roosevelt to leave. I repeat
only what is being said.
Mr.. Justice Black has now taken
his seat as member of the court.
He told the country in a radio
speech before assuming the robes of
Office that he had resigned from the
Khan and that, as far as he was
concerned, the incident was closed.
He stopped somewhat, think, when
he tried to dodge the issue by charg-
ing that those who had exposed his
Klan connections were trying to dis
credit Mr.. Roosevelt. But, Mr..
Black is now a member of the court
and I do not see what anybody can
do in the way of unseating him.
The reason for adverting again to
the Black Khan affair is to make a
prediction. That prediction is: as
long as Mr.. Black sits as member
of the Supreme court of the United
States. he will receive repercussions
of the case. / will wager now that
regardless of what position Mr..
Black takes in deciding any future
litigation, there will be those who
will point to him and remark that
"he was once member of the
Ku Klux Klan." Likewise, regard
less of the views or arguments he
advances in any decisions rendered
by the court, Mr.. Black will be re-
ferred to continuously as ''the Khan
or as "the Roosevelt lib
eral."
It is going to be a bitter pill for
Mr.. Black to swallow. It will be
thrown at him IN newspapers, in
campaign speeches, in private con-
versation. / think it is not too much
to say that he has taken on himself
a burden that few men could carry.
But he must assume it.
Take it any way you like-the ap-
pointment and the confirmation OF
Hugo Black as member of the SUI
preme court under the circum.
stances now known and affirmed by
Mr.. Black himself constitutes one OF
the worst situations yet recorded on
the appointive power of the Presi.
dent and the power of the senate to
approve presidential nominations.
But laying aside all of these
things, there is a real tragedy re.
sulting from the circumstance. II
there is one branch or agency of our
government in which it is necessary
for the people as a whole to have
faith, it is in the judiciary. I think
I can foreSee that the Black ap
pointment and its attendant features
will shake the faith of many indi
viduals in courts.
1t ought never to have happened.
g Western Newspaper Union.