Evening star., 1937-09-26
BLACKS ARRIVAL
MAY CLEAR AIR
Justice to Arrive This Week
May Make Statement
on KIan Issue.

The answer to the widely discussed
question of Hugo L. Blacks fitness to
serve on the Supreme Court may be
forthcoming thiS week when the
former Alabama Senator returns to
this country from vacation trip in
Europe.
Justice Black is expected to land
at Norfolk on Wednesday or at Balti-
more Thursday.
On arrival, the Alabaman. if he sees
fit to do so, can clear up once and for
all the controversy raised by published
charges that he is or was member
of the Ku Klux Klan. An outright
denial by him Of the allegations would
effectively muzzle those who have as
sailed his qualifications for the judicial
post or the ground he is Klansman.
However, the fact Justice Black
has steadfastly refused as yet to
answer the charges, going to great
length to avoid reporters in Europe,
has led many to belief he will seek
refuge in continued silence. Should
liiiS DC Vic teSCs liC Will bohC tiio
seat on the high court October 4
under a cloud that may color the
political scene for years TO come.
Not Likely to Resign.
The belief Mr.. Black will have moth
ing to say concerning the Klan
charges has been strengthened by
President Roosevelt's departure for
the West at time which will prevent
a personal meeting with the new
justice until after the latter has taken
his seat on the bench. At a press
Mr. Roosevelt said he
would have no statement on the
charges against Justice Black until
after the latter had returned to
this country. The impression was
obtained that Mr.. Roosevelt intended
TO discuss the matter with his ap-
pointee, but he cautioned reporters
not to conclude that statement
would be forthcoming.
That the situation is extremely en-
barrassing to the President and the
other members of the court is beyond
question, but it seems unlikely that
any graceful way out can be found.
There is chance, of course, that
Mr.. Black will resign. but that is high
ly improbable. Friends OF Mr.. Black
believe he will take the position that
both the President and the Senate
knew or should have known of his
Klan background before his nomina-
ton and confirmation for the judicial
post, thus relieving him of any pres
ent obligation 10 sacrifice himself TO
relieve them of embarrassment.
Petition TO Disqualify Him.
Another possibility is that the court
itself may disqualify Mr.. Black on
legal grounds set forth in a petition
now awaiting action by the justices
Most observers expressed the belief,
however, that it is not likely that the
justices will bar the new member of
the court. The general belief is that
the petition will be dismissed on the
ground the petitioner has no interest
in the matter that entities him TO a
hearing.
Presented by Albert Levitt, former
Federal Judge in the Virgin Islands
and until recently special assistant
to the Attorney General. the petition
contends the Alabaman is ineligible
because no vacancy existed on the
Supreme Court and because Mr.. Black
was a member of the Senate when
that body voted an increase in the
emoluments of Supreme Court JUS
tees.
Levitt bases his argument on the
recent legislation permitting justices
to retire at full pay Of $4,000 a year
after becoming 20 years old and serv-
ing 10 years. This. he argues, increased
the emolumentS of the Office and dis
qualified Black. Availing himself Of this
privilege, Justice Van Devanter re-
tired June 2. Levitt contends that
legally Van Devanter is still member
Of the court and will remain so until
he dies or resigns, leaving no vacancy
for Black to fill.
Ruling Seen October IL.
1t is expected Levitt's petition will
be considered by the justices during the
week beginning October 4 and an an
made October IL. The an
if in the usual form, will
be either granted" or denied" Should
the petition be denied, that will be
the end of the matter, but if it is
granted date must be set for argu-
ment and final decision rendered. In
this event. Black could be represented
by counsel and probably could par
ticipate in the decision In all like
lihood, however. he would disoualify
himself in the case.
Another contention being advanced
is that the law permitting justices to
retire had the effect of repeating the
law fixing the number of justices at
nine and authorized an increase to
10. This theory is not covered in
the Levitt petition, but may be pre-
sented to the court at later date.
1t has also been suggested that.
if it is established that Mr.. Black is
member Of the Klan, an attorney
for a Catholic. a Jew or a Negro,
against whom the Klan oath of men,
bership discriminates, might make
motion that Black retire from the
particular case. In such event, the
court would have to make some dis
position Of the motion.