Evening star., 1937-08-13
Black
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debate on the floor and BY members
OF this subcommittee as to whether
the Summers act of this session Gre
ated an additional place on the court.
and some thought it did. 1t is a
question in my mind of serious i'm
portance
Can member of the Senate be-
come justice to an office first Gre
ated during the incumbency of the
Senator as such, or, secondly. to an
Office the emOl'ments of which we're
increased during his incumbency?"
Austin argued that if the Summers
act created an additional Judge. it
would be contrary to the Constitu-
tion for a Senator who was in Office
when the act passed to take that
Office
Commenting on the question of the
constitutionality of Blacks appoint
nent, Chairman Neely said it was not
the duty Of the subcommittee to con-
strue the Constitution
The duties of the subcommittee. :"
he added. are restricted TO ascertain
ment of the qualifications Of the eli
glbility of Senator Black for member
ship on the Supreme Court"
Taking the lead in support of Blacks
appointment. Dleterich declared it
must be presumed that the President
was advised of the legal qualifications
of the nominee before he sent the
name to the Senate.
In plea to his colleagues not to
''hold up the nomination Of Senator
to an Office of this kind" Dieterich
continued:
This is not like going outside and
getting man We know nothing about.
No matter how We may differ with the
PHILOSOPHERS of the nominee. We know
he is industrious and good lawyer
Asserting that Senator Black is
Diete-ich said he did not think this
nomination should be delayed.
Attend as Observers.
Senator Austin made his demand for
public hearings Immediately after the
subcommittee met. Senator Burke,
who had asked for delay in confrma-
ton yesterday, and Senator Guffey,
Democrat, of Pennsylvania were in
attendance as observers
Only dozen spectators were in the
room when the meeting opened.
Nicely said he had received half a
dozen kilograms on the nomination. all
but one of which were opposed. One
of them, he said, asked whether the
Senate or John L. Lewis, C. l. O.
leader, was confirming the appoint
ment
Nicely said, however, that no one had
asked for a hearing, and he believed
none was necessary.
He expressed the opinion that men,
bers Of the committee knew Blacks
record completely.
Borah Fails to See Point.
During the committee discussion,
Borah said he did not see any point
in the issue raised by Austin about
the emoluments of the office being
created But he repeated his asser-
ton, recently made in the Senate,
that there was no vacancy on the
court.
The 1dahoan said that ''reserving
the right to present that issue" when
he desired, he was prepared to vote"
on report confined to Blacks quail
fications.
Senator Logan said Borah's point
raised the question as to whether
Congress had created a new post on
the court during Blacks term of Office,
which under the Constitution would
make the Alabaman ineligible to serve.
My view Borah replied, lis that
there hasn't been any additional JUS
tice created. 1t should have been
done, but it hasn't been done. That's
no fault of the Presidents. It was
our duty to prepare the legislation.
Senator Logan contended the Office
In question had EXISTED since the
creation of the Government" He
added, however, that if the argument
made recently on the Senate floor by
Borah were right, the emoluments
would have been increased"
McGill declared, If new Office
has been created il is the one held