Evening star., 1937-10-04
MIR. Black Investigates
Senator Cross-Examnes Justice in Clash Of Two
Powerful Personalities.

erSOnalltlcS.
power to subpoena records In inves-
legations, did you not?
Justice Black: The Ku Klux Khan
Is not the Western Union.
Senator Black: But, Mr. Justice
you were once bound to the Khan by
ties Of fraternity and sworn aid one to
another Would they not be glad to
give you the records, as . fraternal
act?
Justice Black: I have not asked
| for them.
Senator Black: When your name
came before the Senate for confirma-
ton as an associate justice OF the
United States Supreme Court. GER
tain Senators said that you had been
member OF the Ku Klux Klan,
and other Senators, presumably upon
information from you. who alone was
qualified to answer, said that you were
not. Where were you during this
debate?
otooiSC AJidbAs Aii VIC S@OohAOOiil
Senator Black: Is it your opinion
that il the President or the Senate
had known Of your aff1liation with
the Klan, you would have been ap-
pointed to the Supreme Court?
Justice Black: / stand upon my
constitutional right not to answer.
Senator Black: Is it not true, then
Mr.. Justice, that your refusal to
admit membership in the Klan con-
stitutes the withholding OF q material
fact, and that essentially, therefore,
you hold ONCE by false pretense?
Justice Black: I stand on my record
Of IL years in the Senate.
Senator Black: Mr.. Justice, isn't it
fundamental doctrine OF the Klan
that the leopard cannot change his
spots?
Justice Black: 1t all depends upon
whether he is liberal leopard or 4
Tory leopard.
Senator Black: Inasmuch as you
stand upon your record in the Senate,
now quote from your record in the
| Senate in the investigation OF a Mr..
Tate, as q prospective member of the
| Interstate Commerce Commission. I
| should like to refresh your memory.
Mr.. Tate had been an attorney for
the Southern Railway. Did you, or did
| you not. comment on that appointment
as follows: LAS general rule, man
| follows in the future course that
he has followed in the past. Show
me the kind of steps a man made
in the sands five years ago. and
will show you the kind of steps he
is likely to make in the sand five
years hence?"
Justice Black: don't remember, but
I suppose I said it.
Senator Black: Have you or have
you not, in conducting Senate in
| quiries, constantly challenged the
competence of witnesses on the basis
Of their past or present affiliations9
| Justice Black: have.
Senator Black: You believe then,
that once a Tory always a Tory?
Justice Black: 1 do.
Senator Black: And once q KlanS-
man always Klansman?
Justice Black: don't.
Senator Black: You believe then.
Mr.. Justice. that young man can
join the Klan, tacitly accept its
brutalities and prosecutions. use it
as a stepping stone to the Senate
and higher ofices. and repudiate it,
if the fact comes out, without apology
or explanations
Justice Black: If one makes liberal
record.
Senator Black: II this method was
to be recommended in the past. is
there any reason why it should not be
recommended to ambitious young
politicians in the future?
Justice Black: think it is a serious
mistake to keep on talking about this
matter.
Senator Black: Why?
Justice Black: Because it will tend
to revive the Klan, which stands for
| everything OOlOuS.
Senator Black: You mean that in
vestigation of facts is fraught with
public danger?
Justice Black: 1t is, now "This is
a planned and concerted campaign
which fans the flames of prejudice ~
Senator Black: You mean that the
revelation that you were a Klansman
fans the flames, and the fact that you
were a Klansman does not?
Justice Black: when this state
ment is ended my discussion of the
question is closed ''' The character
and conduct OF every public servant
should be subject to constant scrut-
iny"'
| Senator Black: Is that not a nom
sequitur, Justice? Whose business is
it to close an inquiry? The business
of the investigator or of the man in
vestigated?
Justice Black: In this case. I have
made great concessions. Il have
broken with the precedents Of the past
to speak to you tonight"'
Senator Black: Do you believe, then
that senatorial inquiries should be
discontinued, as not conducive to the
public welfare?
Justice Black: Not at all. But my
position carries with 1t immunity.
Senator Black: All, the immunity
OF the supreme bench. It's members
you believe, are above investigation
They are not ordinary men? They