Evening star., 1937-09-15

Supreme Court without finding out
more about the charges filed against
him is blunder of first magnitude.
The announcement ,ust made by such
Senators as Robert Wagner of New
York and Prentiss Brown Of Mich
igan, both Democrats, that they would
not have voted to confirm Mr. Black
had they known or believed he WAS
= member of the Klan is significant
of the temper Of many men in public
life.
1t will be difficult for Senators to
defend themselves on their votes
against the investigation of Klan sc-
tivities and membership when the
inquiry was proposed by the Republi-
cans. 1t is not as if the Klan
membership wasn't mentioned. 1t
was brought up in the Senate and
Senator Burke told his colleagues
there were witnesses present in Wash
ington who were ready to testify that
they saw Mr.. Black initiated into
the Klan.
President Discouraged Probe.
But the President gave his orders
TO defeat the motion for inquiry and
insisted that the nomination be con-
frmed at once. The "yes men" in
the Senate who accept anything Mr..
Roosevelt does, right or wrong, didn't
hesitate to vote for immediate con-
firmation This illustrates the point
recently made with respect to Senator
Guffey of Pennsylvania, who now must
admit that even when Mr.. Roosevelt
nominates Klansman to the Supreme
Court he, Mr.. Guffey, feels duty
bound to support the nomination.
The rubber stamp Senator's have
placed their political fate in Mr.
Roosevelt's hands. He alone can ex-
tricate them from the political dilemma
into which he has forced them when
he failed to take cognizsnce of the
charges before the nomination was
confirmed.
Mr.. Roosevelt is himself no friend
Of the Ku Klux Klan. His record on
that point is unmistakable. He stood
shoulder to shoulder with Al Smith
in the campaign of 1928 when bigotry
was at its height and the Klan was
operative in the Southern States.
But the indictment of Mr.. Roose-
velt's careless handling of a nominal
ton to the Supreme Court will stand
even though Mr.. Black should resign.
The expectation here is that the
former Senator from Alabama will
confer with Mr.. Roosevelt shortly and
frankly offer TO retire If the appoint
ment causes embarrassment. 1t Is
doubtful, however, whether if ap-
pointed to any other post the former
Senator could ever be confirmed. He
made his irretrievable mistake when
he affiliated with the Klan and that
will prove his political death sentence
II he ever resigns from the court.
Even II he were elected to the Senate
again some day, the issue would be
brought up in the Senate as to his
qualifications to sit.
Shock to Many Senators.
For while Mr.. Black was a member
OF the Senate, it was not known
whether or not he had been a member
Of the Klan. The documentary evi-
dence being published in many news
papers this week is q considerable
shock to members of the Senate who
were inclined month ago to dismiss
the subject as merely political charge
FOR campaign use
There are two courses Mr.. Black
can pursue. He can admit having
been member of the Klan and con-
tend that he does not now subscribe
TO its principles or pledges. On the
basis Of such a statement, Mr.. Roose-
welt might choose to defend him and
let the appointment stand
The other course is for Mr.. Black to
resign and relieve the President and
his fellow Senators of embarrassment.
Whichever course is taken, the
campaign Of 1888 will not be free from
charges of Klan and anti-Klan. Like
wise 1t is doubtful whether Mr.. Roose-
welt will venture to carry on his
campaign for an enlarged Supreme
Court in the face of what he has done
in naming a Klansman to the bench
If he does, he will be confronted from
coast to coast with sentiment such as
is best expressed in cartoon which
shows white-hooded Klansman sit
ting on the Supreme Court bench and
which is captioned: Reform OF the
Judiciary"
tcopyright. 1872