The midland journal. (Rising Sun, Md.) 1885-1947, 1937-09-03

the capacity of using harsh Ian
| guage in the extreme and one finds
that he was not the most popular
choice among the senators for the
| job to which he has been elevated.
From various quarters, therefore, I
have heard observations to the eff
feet that Mr.. Roosevelt appointed
Senator Black with full knowledge
of the facts I have related. He
could and did slap at some mem
bers of his own party for failing
to go along with him on the court
packing plan and some other New
Deal legislation like the wages and
hours program. He showed certain
groups and cliques in the senate
and house that he is boss.
Then, in selecting a man from the
deep South undoubtedly the Presi-
dent figured it would be influential
in pulling back to him some of the
support which he certainly has lost
among local politicians in the south
ern states. Views of this test of po-
litical strategy differ greatly, but
whether he gains or whether he
loses on that score, there certainly
is ground for belief that the reasons
were as I have given them.
There is also another reason for
the appointment of Mr.. Black. OF
course, everyone realized that Mr..
Roosevelt would name a man of
New Deal leaning. Moreover, ev-
eryone recognized that it would be
strictly personal appointment as
far as the President was concerned.
So the stage was set for appoint
ment of a man of more or less
radical tendencies-but no one ex-
pected the choice that was made.
Now, the senate long has operated
almost as high class group. Ev-
cry senator considers his colleagues
with great Difference and respect.
This is senatorial courtesy. Does it
not seem quite reasonable then, to
consider that Mr.. Roosevelt went
into the senate to pick new justice
with the full realization that the
nomination would be debated in gen.
tlemanly fashion; that senatorial
courtesy would tone down the barbs
and the darts and the personal at
tacks that would probably obtain if
the name of a private citizen were
submitted? I cannot know the Pres
ident's mind, obviously, yet I have
heard these conclusions stated so
many times that they cannot be
wholly disregarded. New Dealers
consider the appointment clever
from the standpoint of senate de-
bate, and those opposed to the New
Deal called it smart trick. So
there is very little disagreement.
Icalled attention earlier to the eff
feet of the conditions under which
Mr.. Black enters
May Solldlfy the court. I think
Court examination OF
them is vi !.
They are important for the reasons
I have set down and they are i'm
portant from another standpoint.
It is pure conjecture, of course,
but am going to mention the pos
sibility that Senator Blacks entry
into the court membership may pos
sibly create resentment among the
other justices. Each of them will
certainly know about all of the va
rious Inducements, the gossip, and
the more or less obvious facts in
volved in the appointment.
I have been wondering then
whether the other members of the
court, even liberal members like
Justices Stone, Brandeis, and Car
dozo, may not feel that Mr.. Roose-
welt has subjected them to undigni-
fed terms. I mean by that, is there
not possibility of them feeling that
the President is seeking to gain de-
cisions along his own line of reason
ing rather than on the basis of JUS
tice and law?
AS I said, this is pure conjecture.
Nevertheless, I think it will be
agreed that it is a logical thought,
because the Supreme court justices,
after all, are just as human as you
and anyone else.
Carrying this thought little fur
Their, what will be the effect upon
the old conservative members of the
court like Justices McReynolds and
Butler and Sutherland? Will they re-
gard the Black appointment as di-
rect thrust at them personally? If
they do, it seems to me the logical
result would be to make them more
conservative than they now are.
I do not mean to imply dishon-
esty or unfairness to any member
of the court. I know some of them
personally and I respect every one
of them. I merely call attention to
these things as among the possible
results in the appointment of man
to the Supreme court who may have
been not the worst appointment pos
sible but surely, all conditions con-
sidered, it was far from the best.
Politically, the Black appointment
is likely to enter into the 1888 con-
gressional elections. There seems no
way by which the matter can be
avoided as an issue. It is only