Evening star., 1937-09-20
BY WILLIAM ALLEN WHITE.

ing the 1924 gubernatorial cam
pdtCn in Kansas.
BY WILLIAM ALLEN WHITE.
EMPORIA, Kans., September 20
The Black affair is attracting the
attention of the American people,
and properly First, because the
Black affair puts blemish upon the
integrity of the Supreme Court by
nesting a Kluxer there, and, second,
because the sincerity and good judg-
ment of the President are challenged
by the fact that he could name a
member of the Klan to the Supreme
Court.
1t Is only fair-and fairness should
certainly govern in this discussion
to relieve the President of all re-
sponsibility in the actual appoint
ment of Klansman. That he was
hasty will probably be his defense
Most likely he was angry. That he
did not consider the rumors about
Black and the Klan that have been
rife in politics for a dozen years,
which all informed politicians knew
and which the President could easily
forget If he had heard them, may
be q reasonable statement Certainly
President Roosevelts high ideals of
public service entitle him to the
benefit Of every doubt. At least the
President, up to the day of the nomi-
nation, should not be blamed.
After that another situation arose.
When Black was nominated, imme-
diately the definite, explicit charge
was made that he was member of
the Ku Klux Klan. 1t was made OPEN
ly and officially, on the floor of the
Senate. Moreover, Senator Burke
offered to produce witnesses to prove
under oath all that now is set forth
in the newspapers. Senator Black was
within the sound of Senator Burke's
voice. He could have demanded an
investigation. He could have asked
these scandalous rumors.
Could Have Investigated.
The President certainly knew then
that there was more than possibility
that he had appointed a Klansman.
The President himself even then could
have investigated. AS the presidential
sponsor of Blacks nomination, Mr..
Roosevelt properly might have asked
Burke for his evidence. Obviously it
was not too late then to withdraw the
appointment at least to suspend it.
Certainly 1t was not too late quietly
to ask the Democratic organization
in the Senate to hold the confirma-
ton open Did President Hoover Jam
through the nomination of Parker
when charges of race prejudice were
made against Parker, his Supreme
Court nominee from North Carolina?
No, the Senate Republicans took their
time and defeated Parker's nomina-
ton. He, like Hugo Black, was
charged with racial prejudice. When
Charles Hughes was nominated and
challenged by the progressives, ample
time elapsed, with Hoover's approval,
to learn all the facts about the charges.
But times and parties have changed.
What did Senator Black do, know
ing the. real facts, whatever they may
be? He sat tight. He kept still
When he was given an opportunity
to speak he was silent. What did the
President do? He, also. took the
partisan attitude that to attack Black
was to impugn Roosevelts motives.
Apparently he made it personal mat
ter Certainly the Democratic or
ganization in the Senate, which mods
when Roosevelt winks, rushed the con-
flrmation through, hurried and har-
RED the Democratic Senators, who re-
fused to allow Burke to summon his
witnesses. The Democratic orqaniza-
tlon in the Senate did not even hint
that Black should make a statement
in his own behalf. A dozen Senators
now claim they would not have voted
to confirm Black if they had known
what they know now. The President
could have easily given the word to
hold the confirmation and today
these Senators could vote intelligently
where last month they voted blindly,
following the President.
Is President BIameless?
1t must be assumed in fairness that
the President was innocent when he
named Black But was he entirely
blameless when he jammed the nom
1nation through? Whether it was
pride, pique, anger or negligence that
held the Presidents hand when he
opened the throttle and steamed ahead
is unimportant. The point at issue is
that he let the golden hour pass when
the truth might have come out. He
slept on his rights--on our American
rights to have a full, free discussion
Of the nomination of justice of the
Supreme Court.
There is what the law calls fraud
and deceit" The nomination was
fairly made. But the confirmation
which cinched the nomination was
made by fraud and deceit" So
America is Inundated by having to
realize that, through the machina-
tions of party politics, a man sits on
the Supreme Court of the United
States whose confirmation was secured
under false pretenses
The President, in his recent
speeches, has bemoaned the grow
ing lack of confidence in the court.
What did he do in speeding the con-
flrmation of Senator Black to restore
that confidence? But if the case is
closed, it will be the President who
will sit on the lid 1t is scarcely
thinkable that this leader, who has
proved himself SO brave, so gallant
and so noble in his social vision, will
fail his country in this crisis.
AS for Mr.. Justice Black, whatever
censure he deserves is not for joining
the Klan, not merely for accepting
Klan support, not even for expressing
his ardent gratitude therefore. Many
an honest man has been deceived by
the Klan. Many a bedeviled politi-
clan in tight place has accepted
Klan votes, has been ashamed of it
and has lived it down. Hugo Black