Evening star., 1937-08-14

and. while the
Constitution says the Chief Executive
may make nomina tionS. such noml-
nations are valueless unless the other
half OF the appointing power, namely,
tho Senate, gives its consent This
safeguard was provided by the found
ink fathers in order that the people
at all times might have check on
their agents in government. 1t is es-
pecially important in the naming OF
justices to the Supreme Court, be-
cause two branches of the Govern
ment--the one checking the other
are sailed on to pass judgment on who
shall constitute the personnel OF the
third branch Of the Government-the
Judicial.
N this were not the case any PreSi-
dent OF the United States could fill
up the Supreme Court bench with
pre- ejudiced persons who would not see
equally the interests Of all the people,
the minority as we'll as the ma lOrity
Negro ~ well as white man. poor i'm
migrant as we'll as blue stocking prince
OF privilege. Catholic and Protestant
tha Jew and gentle. and every race
and creed and class Of the people.
Supreme Courts Status.
h sense the Supreme Court is
thA trustee OF the liberties OF all the
people. Upon the nine men on the
bench is bestowed the final job OF
seAina to l. that no irresponsible ma
iority in Congress. and no headstron2
President Of the United States, or no
ao1nbina ton OF both, should be able
to put through legislation which takes
from A single citizen. for instance. the
right to worship God in his own Wav,
er from the press the right TO speak
treelv OF the interests of the people.
Before Charles Evans Hughes was
confirmed AZ Chief Justice in 1880. his
record was subjected by Senate Com
rittee to the most severe scrutiny,
notvithstanding the fact he had served
from 1903 to 1915 with distinction as
an associate justice Also in the case
OF Louis D. Brandeis, nominated by
President Wilson in 1916, hearings
we're held in which members from the
bar OF Massa chusetts and other States
asked to heard in order to present
their reasons pro and con in connec-
ton with the confirmation.
Still another and more conspicuous
illustration OF committee deliberation
Ia that in which John J. Parker fig
ared. He was at the time. and still Is.
. member OF the United States Circuit
Court of Appeals and was nominated
In 1880 by President Hoover to be asso-
eiatp justice OF the Supreme Court.
and was rejected by the Senate after
extensive hearings by the Judiciary
Committee OF the Senate The nomi-
nation finally was withdrawn and that
q Owen j. Roberts substituted.
Personal Ties Strong.
1t would be incredible il. after five
months in which distinguished Demo-
cratic n well As Republican Sena tors
have insisted that great principle is
st stake in the proposal TO pack" the
Supreme Court. that they should now
SIT quietly back and acquiesce in the
packing just because a member of
the Senate happens to be the nominee.
Personal ties of the Senate are strong
and it has often been referred 10 as
on exclusive club. with certain cour-
tasiAs from one Senator to another
DsIt these customs. after all, are Of no
consequence in comparison with the
big question which President Roose-
velt himself has raised when he an
nounced In his message to the public.
beginning on February 5. that he was
dissatisfied with the decisions OF the
Supreme Court and intended to ap-
point judges who would conform to his
own views OF how the Constitution
should be interpreted.
Mr.. Black has been urging the pass
Aes OF the court packing bill and
has denounced the present Supreme
Court In no mild language or uncer-
Ia IN terms. He has even threatened
tl,> courts. On one occasion. when II
was reported that a Federal court
might rule against him and his COM
mittee for snooping into something
like II. 900 private kilograms. he stated
publicly that he might introduce q
measure taking away from the lower
courts the power to issue injunctions.
n WAS An open use Of potential ]egis-
lAtivs power to intimidate the Federal
courts in a concrete case.
All these things, together with the
stt,ies of Senator Blacks conduct in
connection with the unlawful seizure
q the $4,000 private teleRrams. are
proper subjects Of inquiry for the SEN
ses Judiciary Committee.
Experience as Lawyer.
Likewise, it becomes pertinent 10
know what experience Senator Black
haA had as a lawyer, because after all
constitutional questions and matters
concerning Federal legislation form
onlv 4 small part OF the voluminous
tesks OF the Supreme Court.
To decide the delicate questions OF
equity and procedure in the lawsuits
between citizens, the Nation is entitled
~ men OF the highest qualifica tions
~ the bar.
At the present writing it would
se>m AZ If there were enough votes to
confirm Mr.. Black, but there is 4 de-
termined group in the Senate reflect
Ing \ Nationwide sentiment which
eAsires to get on paper off,cially ,
record OF Mr. Blacks qualifications.
background and experience. together
with an explanation through commit
~ questioning OF some OF his public
aets which have bearing on whether
~ b OF the right temperament to sit
tad3easlly and impartially on the high