davidaulloa/AmericanStories huggingface dataset:
Evening star., 1937-10-06
Remove Black
One Senator Sees Way for That Body to Withdraw
Its Consent to Naming Justice.

different from and independent of
the Executive pass deliberate judg-
ment on the merit of the candidate,
for which judgment essential facts
are necessary. And an essential fact
is fact which, if disclosed at the
time OF consideration, would have
made the appointment impossible 4
Does any one doubt that this affilia-
ton with the Klan is such an es-
sential fact?
The advantage of reopening the case
for resembling rather than reconsid-
GRAFTON Is simply that the latter
would certainly pave the way for
abuses. Resembling could only be
proposed on the basis of indisputable
evidence to prove that material facts
had been withheld. And it is an un-
questioned fact that when Mr.. Blacks
appointment was being discussed
statements were made and published
denying any affiliation between him
and the Ku Klux Klan. In fact,
these denials were so emphatic that
the Senate decided not TO hold sub
committee hearings on this issue, as
had been proposed.
The papers Of the Federalist to
which I have referred justify the
necessity of the Senate's approval,
as a check to prevent the Executive
from bringing forward any candidate
whose only merit was Of being
in some way personally allied to
him or pf f,occocety,o
insisnificance and pliancy to render
him 4. the instrument of his (the
Executive's) pleasure" The passage
makes clear that the whole purpose
OF senatorial ratification is to pro-
vide body for carefully investigat-
ing the appointees Of the President
to the Supreme Court. 1t is clear
that in this case the investigation
was not thorough, because the Sem
ate was falsely informed. There is,
therefore, here, case OF moral fraud,
on which the Senate can declare q
misconsent.
1t is the belief of this column that
the Senate should so declare. and
thereby greatly enhance its own moral
prestige. remove an onus from the
President, and show "a decent re-
spect for the opinion of mankind"
which Jefferson. at least, felt was due,
even in the midst of revolution.
In view of all the facts there is
not wing of public opinion in this
country that feels satisfied with this
appointment, except the extreme and
conscienceleSs reactionaries, who hope
to make capital out of it. Nobody
expected, and nobody expects, Presi-
dent Roosevelt to appoint constitu-
tional conservatives to the court
They have expected, and they still
expect, that under this administra-
ton vacancies will be filled by men
who share Justice Stones view OF
the Constitution, which is to give all
legislation passed by Congress the
benefit Of every possible doubt.
But they also expect to see men
appointed whose record is clean of
any suspicion Of fraud and OF any
alliance, at any time, with organized
activities in basic conflict with the
bill OF rights.
Mr.. Blacks statement does not
Evening star., 1937-10-06

sion of guilt with sanctimony and
further suppression Of material facts
and which is totally unsatisfied with
the present status Of the whole affair.
But there is a feeling that nothing
can be done about it. 1t is not well for
democracies to get such feeling OF
defeatism. And in this case there is
good reason to believe that something
can be done, and should be done.
So far, the onus has all been put
upon Mr. Black. But that is not where
all the onus belongs. The onus Is also
on the President, who made the ap-
pointment, and on the Senate. who
ratified it. Both are accused by large
branch Of public opinion of having
been delinquent in the exercise Of their
constitutional obligations. 1t is i'm
possible to believe that the President
would have appointed to the Supreme
Court, in liberal administration, and
in response to popular demand that
the court be liberalized, any man who
had ever been member of the Ku
Klux Klan, which is the very symbol
Of anti-liberalism. 1t is impossible to
believe that the Senate would have
ratified the appointment if the facts
now known had been known at the
time-if the revelations recently made
had come out six months ago. One
can put it on cynical basis, and say
that the President would not have ap-
pointed Mr.. Black nor any member Of
the Senate voted for ratification if it
had been suspected that the facts
which some of the members undoubt-
edly knew-Would ever be sensationally
disclosed. For even Justice Black him
self agrees that the disclosure of the
facts is not good for the public well
fare. The facts and their disclosure
are humiliating to Mr.. Black, humili-
ating to the Supreme Court, humili-
ating to the Senate and humiliating
to the President.
understand that scholarly lib
eral lawyer and liberal Senator
agree that there is way in which
VAC ANAAdtC AAu SiSdA AAlC
proposal is that the Senate shall
reopen the ease, not for the purpose
Of reconsideration but for resembling
its original approval, because its "ad-
vice and consent" were secured under
Misrepresentation. Under the common
law and the practice of our whole
legal order judgments obtained under
Misrepresentation can be voided. The
very words advice and consent" have
been defined in the seventy-sixth and
seventy-seventh papers Of the Fed
eralist. and the Supreme Court has
often made reference to this docu-
ment as a source in dealing with the
constitutional powers of the various
branches of the Government.
The passages concerned-and COM
mon sense as well-make it clear
that advice and consent are not being
exercised when facts are suppressed
The purpose of securing the ratifica-
ton Of the Senate is to have body
Evening star., 1937-10-06
Folk
and What
They Do
Bevin, British Labor
Leader, Finally Loses
Fight to "Pinks."
BY LEMuEL PARTON

n YEW YORK, October 6.-Big,
nj square-headed, Manifested Err
" nest Bevin, czar of Right Wing
4 British labor, lost his first big
fight at the Bournemouth conference
as the Labor party voted greater rep
resentation for its Left Wing political
elements. Mr.. Bevin is the Sam Com
pers of British labor, opposing political
activity. labor theorists, philosophers,
Communists and intelligentsia and re-
lying solely on the economic squeeze
for tying knots in the Lions tail-and
on occasion he has made the Lion yelp
resoundingly.
The Bournemouth showdown. lightly
touched in American news dispatches,
is victory for the united 'front.'" for
such Left Wing ascendancy as that of
Maj. Clement R Attlee and Sir Staf-
ford Scripps. 1t marks a potential
schism in British labor and it reveals
distinct similarity to nascent political
and theological" trends in American
labor. 1t is the first time that the old
rock-and-sock battler, Ernest Bevin,
has been downed for loss by the
"pinks," whom he has booted zest-
fully on. the slightest provocation.
He is head of the powerful Transport
Workers Union. large element of
which is now clamoring for a boycott
against Japanese goods and threaten
ing to refuse to handle them. Eng
land notes all this with acute memories
of 1926 when Mr. Bevin and his dock
ri+
jitters with their paralyzing strike. He
was similarly obdurate when he pulled
the big London bus strike at the time
of the coronation.
Innocent bystanders cheer his round
house swings at the reds, but wonder
who'll bell the cat if he gets more
power-and Mr.. Bevin has an aggra-
waited case Of the power itch. In the
present issue-rougfly comparable to
the disagreement between John l..
Lewis and William Green-conserva
tive opinion is being heavily mobilized
behind Mr.. Bevin.
| He is from the Limehouse district, an
expounder of traditional trades union
doctrine such as Gompers taught,
based chiefly on reward your friends
and punish your enemies" and never
mind the philosophy or politics. Bulky,
moon-faced and belligerent, he is not
only a fighter and organizer. but a
clever strategist, as in 1924, battling
the shipowners for shilling day rise
in dock wages. Professors at a con-
ference showed charts proving worker
could get fat on the current wage. He
stepped out and translated a days
wage into bread and margerine. 1t
was pitiful showing. They won their
increase. Just now he is the white
hope of the conservatives in blocking
the boycott on japanese goods. They
hope he can prevent it.
(Copyright. 1879
Evening star., 1937-10-06

September l5 when the prob
ability had
the Far
exchange
That week end Sir Frederick arrived and doubtless confirmed
developed the and its significance perhaps predictions
they weren't long in being realized for the before left
witnessed its black Friday
Now
and discover method preventing panc
America:
stop the japanese and end the conflict China
Will now again you don't you'll mpeil recovery
The first STEP they boyco
but an official restriction Of silk
embargo on exports and other
h ism scare story 1t doesn't purpo to reveal great nterna
tonal But it
has taken place recently On board American warhip
considerable damage though
yet Enough however to official investigation
which probably eventually be public.
While possible
be stated naval
So far the story has been carefully guarded
common knowledge the Many Inquiry the
established this fact No OFFICIAL comment could obtained
1t definitely
outside of the Navy.
sabotage cannot be substaniated at this writing.
Evening star., 1937-10-06

before brutal
the control important copper Spain
The British. Dho greatly interested
Italian expense
the British stockholders before considering
the British
that he wiH fleece Investors.
Foreign chancelore still trying find actually
pened between Mlsson Hitler during
While still in the
two dictators have taken. thing
incapable Of manly effort Consequently
themselves the of helping the
themselves They think the French the British
straight the dcaors
In order achieve will
and Italy shall show themselves
the brilliant
The Chinese
who repaeabebut material
While the japanese claims that they destroyed the
air force exaggerated
Evening star., 1937-10-06

quest OF the five And this they
quality They equipped
leadership
The resistance they offering
battle Chinese
swords and odfashoned % before
Of the japanese
Changs
from breaking the Nanklng-shanshaf l.re.
Reports capital
other akes
Chang Kat-Shek Be ltCel
OF
100 left in japanese
Evening star., 1937-10-06

10 DraNn IL out,
and trust to the
swiftly m ov l n &
k a ! e 1 doscope of
staged events to
cover everything.
Certainly there
Is a very large
body Of opinion
in this country
which was totally
unsatisfed with
t h e explanation
which Mr.. Black
gave the other
night on the radio
"a speech which
,,aixod On a adr,aic
Evening star., 1937-10-06

clear the President nor does II clear
the Senate Of having acted with lax
ity. On the contrary. it involves them
in the tacit acceptance OF fraudu-
ence if they suffer the matter to
drop. II they try to cover it over.
to let 1t drop. they will neither help
Evening star., 1937-10-06
What's Back of It All
! Hints of Special Session and Doom Of Neutrality
Law Linked in War Threats.
BY H. r, BAUKHAGE.

ME Presidents epocmakg speech the international situation
foehadows the doom of the present rigid neutrality
explains the hints of special session Of Congress- which
generally felt politically With
ton looking quarantine" of nations
the President legislation necessary.
important this column has frequently recorded
the Department ohc
international cooperation.
To these added another unwritten thread
leads the China the
market Like Others these threads of interest have far the
public
officials knew that they being d into the pattern Of
whether willed
meeting
the subject discussed according
confidential meetings
the chief
Frederick Phillips
Ambassador Britain Washington
recently
Mogenthau clipped those
the hot
scurry path
pIofod
Evening star., 1937-10-06
Time Clears Audubon.

Accused in his own time of nature
taking, because of the dramatic poses
in which he portrayed birds, John
James Audubon early American nat
uralist, has been vindicated by the
Evening star., 1937-10-06
Travelling Turtle.

NEBRASKA CITY, Nebr. (P.-Joe
McGinnis, Nebraska City boy, picked
up a baby turtle in creek near here.
There are lots of turtles in the creek,
but this one had Colorado Springs,
Colo.," carved upon its back.
Evening star., 1937-10-06
Prisoners Must Paw.

German Fascist concentra tioa
camps are finarced partly by govern
ment, but as far as possible by the
prisoners themselves, who have 70 py
for their meager food aud the sslar.
Of their guards by various ferns o.
forced labor
Evening star., 1937-10-06

scrambled
there
of the Wndso
that Secretary will
But there
senare be interested the
be seated When the duke the
something
officials glad o
that negotiated the
for visit
America
Evening star., 1937-10-06

THE opinions OF the ters are their opn not
necesartly The Stars Such opinions presented IN
The Stars effort to gtDe all sides
readers although such opinions may contradictory among
themselves and directly opposed to The Stars.
Evening star., 1937-10-06

press in explicit
and unequivocal
terms the philos-
ophy of peace
loving peoples.
Mr.. Roosevelt's
speech is a mas
terpiece OF state
m e n t, forceful
without e ! t h e r
bombast or threat.
1t is penetrating
and incisive be-
cause 1t is an &C
curate indictment.
Not since the
Presidents speech
~ p,1onoc Airoc
Evening star., 1937-10-06

the cause CT liberalism nor the pres
tige Of democratic government.
tCopyright, 1879
Evening star., 1937-10-06

during these weeks Of fighting. The
same thing can be said about the
guns and the machine guns. The
latter can be manufactured in the
Chinese arsenaLs, but the replace
ment work cannot keep pace with
the losses.
On the other hand, the atten-
ton Of the world is focused on
Shanghai. There the japanese are
fighting for their honor.
The military problem Of the
JapaneSe general staT is the con-
Evening star., 1937-10-06

The coming visit of the Duke Of
Windsor is looked upon with mixed
emotions in Washington.
The State Department is not
overfond, though it couldn't breathe
it, of kings and princes when they
turn up incognito or otherwise.
There is SO little precedent for
dealing with them.
And when it comes to an abdi-
Gated king and a native-born duch-
eSS, the protocol is completely
Evening star., 1937-10-06

Before approximately 456 AID. Japa-
nese history is mostly legend or pure
myth.
Evening star., 1937-10-06
This Changing World
Britain May Recognize Franco to Save Stockholders
in Copper Production.
BY CONSTANTINE BROWN.

M conference for the of from
the Rome unofhca spokesmen They might
@ S what
Mussoni
that
Of % planes and Is
Some diplomats believe something
Evening star., 1937-10-06

But this is the historic sequence
of the developments as watched by
certain silent observers:
AS August waned, the Japanese
shells and air bombs had blocked
British trade in Shanghai and cut
off millions of revenue. The water
way to Hong Kong was already
menaced.
BY the end OF the month. the
New York Stock Market was shaky.
BY the time the cabinet met on
Evening star., 1937-10-06

the present British Italian CONVEX
sations than the mere demand to
call back the black shirts from
Spain.
London, 1t is said. is fully
aware that Mussolini would not
yield unless he was given some
thing In exchange. And that some
thing must be the recognition Of
Franco by the other powers.
In other words, Mussolini
wants the French and the British
Evening star., 1937-10-06
T ak
of Roosevelt
Is Praised
Is Called Most Useful
on World Affairs
Since Wilson.
BY DAVID LAWRENCE.

"RANKLIN ROOSEVELT made at
- Chicago the speech which the
whole world has been waiting
4 for several months to hear from
the lips Of President Of the United
States.
The moral forces of all mankind
have lacked in the crisis O. war and
revolution a spokesman who could eX-
Evening star., 1937-10-06

THERE is technique Of the au-
thoritarian governments which
Is being used free-handedly In
4 our Republic. That is to sub
ject the people constantly to shock
to follow one measure so
rapidly with another that attention Is
diverted. and, if caught in a mistake,
Evening star., 1937-10-17
HOG FARM LAW HEARING
WILL BE HELD MONDAY
Fairfax Chamber of Commerce
Sponsors Meeting to Discuss Gar
bage Feeding Section.

sponsors Meeting to Discuss Gar
bage Feeding Section.
er ecial Dispatch to The Star.
FAIRFAX, Va, october ia joint
session of the Agricultural and Health
Committees OF the Fairfax County
Chamber Of Commerce to consider q
proposal made before the. Board of
Supervisors at its last meeting that the
latter body strike out two sections of
the county farm ordinance will be held
in the County Trial Justice Building
Monday evening at 7:30 O'Clock, it was
announced yesterday by Mrs. Florence
Jodzies, secretary.
The two sections Of the ordinance,
due to 60 into effect December II, will
prohibit the hauling of garbage over
the roads Of the county and feeding it
to hogs. Owners of commercial hog
farms coming under the provisions of
the ordinance claim enforcement of
the two sections will in effect do away
with the business.
DR.. Edward M. Holmes, jr.. county
health director, has declared the oper-
alton of commercial hog farms where
garbage is fed "aesthetically a nui-
sance, and a menace to health" He
asserted that the entire ordinance
might as well be scrapped If the two
sections are thrown out.
Those favoring an amendment to
the ordinance point out, on the other
hand, that even if the two sections are
discarded local officials will have suf-
f1cient control over the situation
should the operation Of any commecial
hog farm prove a nuisance or health
menace.
Evening star., 1937-10-17
D|ET|T|ANS TO TRY
SOUTHERN DISHES
! 1900 Members of National
Organization to Convene
in Richmond Monday.
BY the Associated Press.

Ey the Associated Press.
RICHMOND, Va, october 16.-Ap-
proximately $500 dietitians, represent
ing 1000 members Of the American
Dietetic Association, will convene here
Monday for the associations annual
convention.
The Virginia Home Economics As
sociation will entertain the convention
delegates and guests at reception and
tea at the Country Club Of Virginia
Sunday from 4 to o'clock.
The convention will be oficially
opened Monday morning with an ad-
dress by Lavinia Engle OF the Social
Security Board In Washington.
Greetings from Virginia and Rich
mond will be extended by Gov. George
c. Peery and Mayor J. Fulmer Bright,
respectively, at a luncheon at which
the guest speaker will be John Stewart
Bryan, president of the College Of Will
liam and Mary.
John Temple Graves, I'd, editor, au-
thor and economist OF Birmingham,
Ala, will be the featured speaker at
the convention banquet Wednesday
night. His subject is listed as Buck
wheat Cakes and Indian Batter"
During the week Southern foods will
be offered at the formal luncheons and
dinners. Fried chicken, Virginia ham.
Brunswick stew, beaten biscuits and
other Southern dishes will be on the
menues offered the convention dele
gates.
Among the unusual events of the
weeks program will be an address
by Marjorie Hills. author of Live
Alone and Like 1t" and Orchids on
Your Budget"
Among the unusual events on the
technical sessions Of the convention are
DR.. E. v. McCollum OF Johns Hopkins
University. on Recent Developments
IN the Field Of Nutrition; DR.. James
McLester, former president Of the
American Medical Association, on
The More Abundant Diet" and DR..
Evening star., 1937-10-17
DR.. 0'LEARY BACK
AT GEORGETOWN U,
Resumes Duties After Absence of
Several Months Following
Severe Operation.

The Very Rev. Arthur A. OLeary,
D. j., president of Georgetown Uni
versity, received many congratulations
from associates and friends yesterday
Evening star., 1937-10-17
BETHESDA LUTHERAN
Tomorrow's Sermon Announced.
Church Clubs to Meet.

BETHESDA, Md, October 16 (spe-
ciaD.-Rev. Henry j. Whiting, pastor
Of Christ Lutheran Church, Bethesda,
will preach ut IL o'clock tomorrow
Evening star., 1937-10-17
TICKETS FOR FORUM
RESERVED BY 1000
Sponsors for Lectures Are An
nounced-Wells to Be First
Speaker on Nov. 8.

More than 1000 ticket reservations
have been made for the lecture series
of the Washington Forum, it was an
nounced yesterday by Jesse H. Knight.
chairman Of the forums Executive
Board.
H. G. Wells, author and historian,
will give the first of the addresses in
Constitution Hall November 3. Dale
Carnegie and Sinclair Lewis are other
speakers scheduled on the Winter Sc
ries.
The following sponsors for the lee
lures were announced yesterday:
Mrs. Henry Alvah Strong. Dean and
Mrs. Henry Grattan Doyle. Mrs. Nellie
Tayloe Ross, Mrs. Cary T. Grayson,
Mr.. and Mrs. Rudolph Max Kauff-
mann, Mr.. and Mrs. L.. Corrin Strong.
Mr.. and Mrs. Charles w. Elliott, I'd;
Mr.. and Mrs. Samuel Leigh, Mr.. and
Mrs. James Cunningham Rogers, Mr..
and Mrs. Randolph Milo Perkins, Mr.
and Mrs. Charles L. Drayton, Mr.. and
Mrs. Walter r. Tuckerman, Mr.. and
Mrs. c. Marshall Finnan. Col. and
Mrs. Harold N Marsh Mrs. Norman
Gerstenfleld. Mr.. and Mrs. John L.
Proctor and Mr.. and Mrs. Henry G.
Morris.
Evening star., 1937-10-17

doing so. he said he had "stolen a
march" from the cadet band for he
was not expected to arrive until last
night and the band and students had
planned to serenade him at the college
gates.
DR.. OLeary arrived in New York a
few days ago from Kingston. Jamaica,
where he was guest of an old friend,
the Most Rev. Thomas A. Emmett,
s. j.. Bishop of Jamaica and former
" headmaster of the Georgetown
Preparatory School in Garrett Park,
Md. He had left Washington early
In June and spent most of the Sum-
mer recuperating from his illness at
Cohassett, Mass.
During his absence, DR.. Edmund A.
Walsh, s. j., had served as acting
president OF the university. DR.
O'Leary was pleased to learn that the
enrolment at Georgetown this year
had increased about Is per cent and
Was happy to take up his duties again
Evening star., 1937-10-17
Geneva's machinery or not, or by the
United States to check international

Geneva's machinery or not, or by the
United States to check international
aggression by barring imports from
the offending nation, prohibiting ex-
ports or both.
There has been general approval of
the sentiments expressed in President
Roosevelts Chicago peace speech"
and the eventuality of Canada CO.
operating in any direct action by the
United States, with or without the
support of Great Britain, cannot be
ruled out altogether, although it is
almost automatic that in foreign policy
Canada's stand is always taken beside
that of Great Britain. Her status of
equality within the British Empire in
common allegiance to the throne as
established by the statute OF West
minister has never yet been tested to
the extent of independent action.
Moreover, that it will be at present
or soon appears to be remote possi-
billty in view Of the cordial relation
ships between Washington and London.
Copyright, 1879
Evening star., 1937-10-17
DR.. GREIG WILL SPEAK
TO MONTGOMERY WOMEN

Special Dispatch to The Star.
BETHESDA, Md, October l6.-Dr.
Agnes B. Greig, child specialist, will
be the guest of honor at the Fall
meeting of the Executive Board of the
Montgomery County Federation of
Womens Clubs.
The meeting will be held in the
Woman's Club Of Bethesda, on George
town road, Tuesday at 10:30 am,
and DR.. Greig will talk at the close
OF the business meeting at l1:30 am.
Her subject will be Emotional Free
dom and Discipline"
After luncheon Miss Ruth Bolton.
social service worker of Montgomery
County, will tell of the work of her
department, and Mrs. r. S. DISCARD.
State chairman of child welfare, Mary
land Federation of Womens Clubs.
will be the second speaker on the aft
ernoon program.
Mrs. Kenneth Waters of German
town will be in charge Of the meet
ing. Mrs. George E. Pariseau is in
charge of reservations for the luncheon
in connection with the meeting.
Evening star., 1937-10-17

Oh lCoulliAAAS AAAS
omcial duties at
the university
after an enforced
absence Of several
months.
Fully recovered
from a sc v e r e
operation on May
"a, from which he
later suffered a
relapse in which
his life hung in
the balance for a
long period DR..
O'Leary returned
to w ash h i ngton
N.;lor rioht Tn
Evening star., 1937-10-17

morning on "The Secret Of Victorious
Living"
The Katharine Won Bora Club and
the Martin Luther Brotherhood will
meet at the home Of Mrs. Guy Wat
kins. Rockville, Wednesday at pm.
The Junior Luther League, under
the direction Of Mrs. Claude Stanton,
is inaugurating a project Of building
a model church."