Evening star., 1937-09-15

Revelation of Justice Blacks Ku Klux
Klan Affiliations and it's expected conse-
quences churn up the political sensation
of the decade Teapot Dome at its boil
ing zenith was never hotter. The after
math can easily and vitally affect the
fortunes of Franklin d. Roosevelt and
the New Deal by ramifying into the con-
gressional campaign of 1888 and the
presidential contest of 1910. Seldom,
during his Al more or less salubrious
years in the White House, has F. D. r..
been confronted by more ticklish situa-
ton. His embarrassment would, Of
course, be lessened by Blacks resigna-
ton, but the damage to administration
prestige would not be undone. Before
the amazing episode ends, and no matter
how it ends, the White House is ex-
tremely likely to want to know exactly
who is to blame, besides Black himself,
for withholding knowledge of his Khan
background. So, if any heads fall, the
Alabaman's may not be the only one
to roll in the sand. After the humiliating
disillusionment he suffered because of
misinformation about the Supreme
Courts bills chances in Congress, the
President, who packs plenty of resent
iAACit1 Odth OA lilo AllsliIiDAC SiiiAAC, I'D liOo
likely to bear uncomplainingly this latest
affront to his pride and authority.
~ +
Having been appointed and duly con-
firmed, the best legal opinion is that
Justice Black, barring resignation, could
only be kept off the Supreme Court by
impeachment. The court itself cannot
ban him, nor can the President or Con-
III CD l~x,
the impeachment process. In Capitol
Hill quarters there is lively speculation
as to whether the constitutional provi-
sion that Federal Judges shall hold their
offices during good behavior" could be
retroactively construed SO as to cover
Blacks case-namely, his failure to dis
close facts which might have resulted
in Senate rejection of his nomination.
One suggestion is that the Justices re-
fusal. thus far, either to confirm or deny
the Klan charges is not good behavior"
within the meaning of Article III of the
Constitution, defining the judicial power.
While the Black business blankets in
terest in Constitution day, it heightens
public curiosity as to what Mr.. Roose-
velt will say in his Friday night address.
II ldhcIl loT granted ne 1nLenQS TO Qeal
emphatically with the Supreme Court
issue, now so suddenly and luridly re-
vived. That the President plans to sig
nal continuance of the fight for Supreme
Court reform is indicated, among other
things, by the Identities of two of his
recent eleventh-hour advisers at HYDE
Park. They we're Tom Corcoran, drafter
OF the discredited bill, and Judge Samuel
/. Rosenman Of New York, Mr. 'Roose-
velts personal legal counsel and conf
Dental consultant on the court meas
ure. It's even conceivable that the Chief
Executive will utilize the Sylvan Theater
stage for a dramatic announcement
apropos Justice Black-perhaps a fer
vent proclamation that the high court
must be purged of any tinge of bigotry.
Joe Kennedy for President in 1910" is
the very newest thing under the Demo-
cratic sun. The thought is Republican
in its inspiration, for Kennedy's threat
to put striking American sailors in irons
has the Calvin Coolidge Boston police
strike touch. Exactly Is years ago this
week-on September IA, 1919-the Gov
ernor Of Massachusetts made his his
toric utterance that there is no right
to strike against the public safety by
anybody, anywhere, any time" That,
almost precisely, is about what the chair