Evening star., 1937-09-19
BLACK CASE SPOTLICHTS
A BADCOC In DEMOCRACY
And the Federal Machinery Must Be
Fixed to Insure Only Qualified
Court Appointees.

, eminent men 10 name 10 the posi-
vacated by Justice Van Devanter
Nor was he rushed for time, since
more than two months elapsed be-
tween the retirement of Mr.. Van Dev-
anter and the appointment Of Mr..
Black. The precise reasons that led
to the selection of the latter are
known only to the President, but
there is good reason to believe that
Mr.. Roosevelt gave too much consid-
GRAFTON to the political aspects of his
choice and too little to the essential
qualifications of the nominee.
There have been veiled suggestions
that the President thinks the Senate
should assume all the blame-that he
was justified in appointing Mr.. Black
without investigation because the
Senate had accepted him as a men,
Der of that body on two occasions
Should any serious effort be made to
pass the buck" to the Senate in this
manner, the embarrassment at the
White House is certain to be intensi-
ned rather than decreased.
The Senate, however. is by no
means free of responsibility for the
failure to investigate the charge that
Mr.. Black was member Of the Klan.
In some respects its negligence was
greater than that of the President,
and this fact cannot be attributed en-
tirely to party loyalty, for one Of the
most effective speeches in opposition
to demands for investigation of the
klan charges was made by the vet
eran Republican, Senator Borah of
Idaho.
Witnesses Available.
MI Blacks nomination reached the
noor OF the Senate on August II, after
1t had been jammed through the
Senate Judiciary Committee without
any investigation of his pas. record.
But by that TINT the Klau issue had
been brought into the open and it was
raised on the Senate floor. Two Sena-
tors stated they had talked with
hlansmen who claimed to have sat
with Mr.. Black in a Klan meeting at
Birmingham. Two Of these Klans-
men said they had seen him initiated
into the secret order. These men. the
Senators said, were available to testify
II the Senate cared to hear them.
But the Senate did not want to
near them. BY a vote Of s66 to IS. it
rejected a motion to recommit the
nomination to the judiciary Commit
tee, rejecting the pleas Of several Sen
ators that Mr.. Black, who was sitting
IN an ante room, be called and asked
whether he was or was not a Klans-
man. There is note of irony. to sav
the least. in the fact that several
Senators who voted against the motion
to recommit the nomination have
since stated they would not have
voted for Mr.. BLACK had they been
familiar at the time with the facts,
tending to establish his Klan mem
bership.
Senator Copeland, Democrat. OF
New York was the first to charge on
the Senate floor that there was at
least a suspicion that Mr.. Black was
q Klansman.
Duty Of Senate Outlined.
Senators" he said, "as see it, our
duty is clear. The nominee should
be rejected If the Klan relationship
charge is accepted as true. If there
is doubt in senatorial minds about
his connection with the Klan. the
nomination should be recommitted 20
That the Judiciary Committee may in
vestigate and find the truth.
We have equal responsibility with
the President in this matter. 1t is
our duty to preserve the integrity and
independence of the court. Un-
less the President relieves us of that
responsibility by withdrawing the des-
lgnation, it is our manifest duty to
know the whole truth before we act 4"
Senator Burke, Democrat, of Ne
oraska, who later said he had evil
dence Black was a Klansman. fol-
lowed Copeland with an attack on
the doctrine of senatorial courtesy"-
sort OF unwritten code of honor
requiring approval of the appointment
OF Senator to an Office in the face
OF objections that might bar conflrma-
ton Of a private citizen to the same
post.
Whatever may be said in favor of
the doctrine of senatorial courtesy in
general" Burke declared, "it ought
to have no place in determining the
action OF any Senator when consider
ing nomination to the great court
which stands as the final bulwark of
our liberties. the protector and de-
fender of the rights of minorities. the
maven Of the oppressed, the final
refuge Of those fleeing before the Lash
OF the prosecutor burning with re-
hgious or racial intolerance.
No doctrine of senatorial courtesy
no emphasis upon the kindly senti-
ment that exists in this body for one
OF its members. ought to deter us
from examining with what care we
can the record of the nominee, even
though he be our colleague
After considerable debate on other
aspects Of the nomination, the Senate
swung back to the Klan issue. Sem
ator Bridges. Republican. of New