Evening star., 1937-10-10
The Silent Treatment.

The case of Associate Justice Hugo
L. Black, displaced from the headlines at
least temporarily by the Presidents re-
cent foray into foreign affairs, may have
another airing tomorrow. At that time
the Supreme Court is expected to decide
whether 1t will or will not pass upon the
question of Justice Blacks eligibility
to appointment as a member of the
bench. His right to become a member of
the Supreme Court is challenged in two
petitions filed with the court on the
ground that as member of the Con-
gress which enacted the retirement act
for justices OF the highest court he is
debarred by the provisions of the Gen.
stitution.
If the court declines to go into the
matter, as has been predicted in some
quarters. the last obstacle in the way of
Justice Black remaining a member of
the court will have been surmounted.
unless some new and so far undeclared
proceedings are begun in the court. Last
Monday Justice Black took his place in
the court. His final word regarding his
connection with the Ku Klux Klan, in
which he admitted having been a men,
Der Of that order, had been spoken. He
retired into the cloistered atmosphere of
the court, an atmosphere which has been
attacked by New Dealers frequently, but
which has well served the purpose of
this New Deal judge
The country is still to hear any COM
ment upon the Black-Klan connection
from the lips of President Roosevelt who
appointed Mr.. Black a member Of the
Supreme Court. It is extremely prob
lematical that it will ever hear any COM
ment from the President on this matter.
In two press interviews since his re-
turn from the West, the President has
declined comment. Indeed, he indicated
in his first interview that he might
have nothing to say.
For several weeks the charges that JUS
tice Black had been a member Of the
Klan created turmoil. The administra-
ton kept carefully away from the issue.
1t may be able to continue so to do.
But the issue is one that is likely to rise
again and again to plague the admins
tration. If there is to be a further at
tempt on the part of the President to
pass legislation to increase the member
ship of the Supreme Court, the Black
case will show its head beyond doubt.
That 1t has already acted as a deterrent,
brake on the President in this connec-
ton, is widely believed to be the case.
In his original statement on the Black
case, after the charges of Justice Blacks
connection with the Klan had been pub
lished, the President indicated that he
had no knowledge of the matter. The
country would like to know if the Presi-
dent is satisfied with the explanation.
given by Justice Black in his recent
radio address on the Klan issue. To
many it appears the country is entitled
to have the views OF the Chief Executive
IN this case. The appointment of JUS
tices Of the Supreme Court is no minor
matter and the character and caliber
OF the men appointed is of vital interest
to the people. The President 1t is now
announced, will deliver a radio address
Tuesday night, dealing with his trip to
the West Coast. There he will have an
opportunity to discuss the question of
injecting further new blood into the
Supreme Court, and even the Black
appointment, if he desires.