The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-09-02
Court Nou
Liberal

ceeded in reorgan-
izing the highest court in the land.
With the nomination by the Presi-
dent of Sen. Hugo L. Black, Ala
bama Democrat, and confirmation
of that nomination by the senate,
we find a Supreme court that stands
for liberal interpretations of the
Constitution by a vote of six to
three on most questions.
While it is important, of course,
to know that Senator Black, the
new justice, is nearly 100 per cent
New Dealer, it is much more i'm
portant to the country as a whole to
think of Mr.. Black hereafter as be-
ing fully aware of the reasons why
he was selected to the lifetime job
at $50, 900 per year. It is likewise
important to remember the reasons
why Mr.. Black was selected when
one examines the so-called balance
of power in the Supreme court.
1t seems to me that Mr.. Black
will enter upon his duties next Oc-
tober under one of the gravest
handicaps that ever was set upon
the shoulders of a Supreme court
justice. Because of this handicap,
and because of the reasons lying
back of his appointment, I greatly
fear that Senator Black can never
be a great member of a great
tribunal.
In the first instance, his record in
the senate, covering a period of ten
years, has demonstrated to most
everyone that he has a keen mind,
but the fact remains, and I think it
cannot be disputed, the new justice
lacks the poise which always has
been an attribute of outstanding
judges. I hope he has the qualities
that will enable him to grow and
become good justice from the le-
gal standpoint; I hope this for the
sake of the country as whole and
for the sake of the judicial struc-
ture of our government. But after
observing him as an independent
writer over the last ten years I
think I would be unfair to those who
read these lines if I did not charac-
terize Mr.. Blacks as a decidedly
mediocre appointment.
Again, the fact that nearly all
Washington observers and a very
great number of officials do not ex-
pect much legal wisdom from the
new justice is traceable more to the
conditions under which Mr.. Black
received the honor than to Mr..
Black himself.
Let us examine the reasons that
lie back of Mr.. Roosevelt's selec-
ton of Mr.. Black. In this case, as
in the case of many lesser appoint
ments, the motives, the politics, the
underlying detectives have not been
stressed anywhere. In order to un-
derstand the situation, it is neces-
sary to review several years of his
tory on one line and it is likewise
necessary to examine various Incl
dents marking Mr.. Blacks career
in the senate. Out of this maze of
detail, certain significant and more
or less definite conclusions appear.
Along the one side of the examina-
ton we find Senator Black consist
emily supporting President Roose-
velt's New Deal programs where
ever and whenever he found them.
We note as well intolerance on his
part for those persons and those
arguments running counter to New
Deal policies. Thirdly, we cannot
overlook various senate investiga-
tons conducted by Senator Black
for we know that in most of these
he was carrying out orders from the
White House. That is, Senator Black
was engaged in expeditions of
smear, of undertaking, and in need
less exposure by way of senate in
vestigations, in order that if there
were flashbacks someone other than
the President would be in the white
light of criticism.
Casting aside many of the as
saults on Mr.. Blacks personal rec
ord, and turning to the other phase
of the situation that eliminated in
his selection for the court, it must
be plain to anyone knowing all the
facts that President Roosevelt had a
definite purpose in selecting the
ALBANIAN. This phase also requires
a bit of review.
When the President suddenly de-
manded that congress reorganize
-. the Supreme court
Court Split and make provi-
Party sion for the APP
pointment of six
new justices OF his own choosing, he
created an enormous split in the
Democratic party. He alienated
many sections of the South and at
the same time provided many old
line southern Democrats with am
munition which they could use to
justify their positions in oppos-
ing Mr.. Roosevelt on many other
phases of legislation.
/ do not mean to say that all of
the southern Democrats turned
against the President because that
is untrue. There were possibly a
half dozen senators from the South
and an equal proportion of repre-
sentatives who are sticking by the
President and will continue to sup
port him. That fact, however, does
not alleviate the condition / men,
toned, namely, the wide-open split
in the party.
Senator Black was among those
who stayed with the President
through thick and thin. He never
was an exceedingly popular man
among his colleagues. Add to this
the capacity of using harsh lam
guage in the extreme and one finds
that he was not the most popular
choice among the senators for the
lob to which he has been elevated