Evening star., 1937-10-05
THE POLITICAL
MILL
BY C. GOULD LINCOLN.


klan connection has not been favorable.
His definite admission that he was 4
member Of the Khan for several years,
plus his failure to take the Senate
not to mention the President-into his
confidence on that matter when his
nomination was up for confirmation, has
brought 4 mass OF demands that he re-
tire from the Supreme Court without
further delay. That he will do so vol
UNFAIRLY no one believes.
For weeks after the published dis
closure that Justice Black had been 4
member Of the Khan, the country waited
and demanded-a statement from the
newly appointed member Of the court
Now that he has spoken, the comment
has been widespread. 1t has come
from every important source, except one
the President. There is just as much
interest today in what the Chief Execu-
tive may say as there was in the state
ment of Justice Black himself. The
President is still travelling in the West
He may not return to the White House
for several days or possibly week. Any
comment he may have on the Black
case may be withheld until his return
to the Capital. 1t may be expected,
llOWCFCL, lIlaL L1lC OClIdIlQ llC SAY 8OI0S.
thing will increase.
One way out Of the situation would be
a decision of the Supreme Court itself,
maintaining that Justice Black had been
appointed illegally, that as . Senator
serving when the new retirement act
was passed he is ineligible. Petitions
seeking to sustain the argument of in
eligibility have been filed with the court.
But no one knows whether the court
will agree to take the matter up. II the
Supreme Court itself should disqualify
Justice Black it would be an historic
precedent. The legal arguments that
Black is ineligible have . great deal OF
foundation. If the court acts, 1t might
pull the chestnuts out of the fire for the
President. At the same time, 1t might
let itself in for attack on the part OF the
President for disqualifying liberal New
Dealer
II the court should decide that Black
was ineligible on the ground that no
vacancy" existed under the law when
Associate Justice Van Devanter retired,
since Van Devanter continues to be q
justice and the law provides for Su-
preme Court composed OF . chief justice
and eight associate justices, no new
justice could be appointed until the law
had been changed, authorizing the
President to appoint an additional JUS
tice when retirement takes place. II
1t should decide that Black was in
eligible because the retirement act in
creases the emoluments OF members OF
the Supreme Court and members of
Congress who held once at the time the
act was passed are ineligible to ap-
pointment to the court, the President
would be at liberty to appoint another
1ustice-outside of the membership of
Congress-without any further change
In the law.
Some Republican leaders In Congress
are inclined to leave the Black Khan
issue to the Democrats to stew over.
That Is the attitude of Representative
Smell Of New York. Republican leader
OF the House. The Republicans abb
stained from public attack on the Presi-
dents bill to increase the membership
OF the Supreme Court They watched
the work Of those Democrats who were
unwilling to 60 along with the President
on this measure In their efforts to kill
the bill. They believed it well to avoid
. show Of partisan opposition. Seem
ingly, they believe that the same kind
Of tactics on the Black issue may work
as we'll.
The Republican National Committee
will meet in Chicago on November s.
1t is understood that is the date which
Chairman John Hamilton will set for
the meeting. At that time the COM
mittee may ofncially say something
about the Black appointment to the
Supreme Court-if 1t is not to follow the
advice Of Smell and others. At that time
it will decide. it is expected, whether to
call national convention, or confer
ence of Republican leaders next Spring.
1t looks very much as though the plan
for this conference will be approved
despite opposition on the part OF some
congressional leaders among the Re-
publicans.
A perfunctory meeting Of the Repub-
licans, with the adoption OF many
resolutions, would mean very little to
the country. It looks as though the
Republican party has come to q fork in
the roads Either it must go on in ira
ditional Republicanism-the conserva-
tive party of the country-or 1t must
branch out on entirely new lines. It
would be futile to attempt to set up as the
principles of the G. o. P. kind of CODY
Of the Roosevelt New Deal The party
IN the last campaign attempted to
straddle. with Candidate Landon going
new dealish on some issues and con-
servative on others.
Whether the Republicans can agree
on formula which means anything is
question. They have their right and
left wings in the party. 1t may be that
the party is heading. in the projected
national convention, toward q knock
down, drag-out battle. If they have
such . battle, 1t may serve to clear the
atmosphere.
Old leaders, the men who dominated
the party councils over q long period
Of years-many of them strong leaders
have died or retired from the political
arena. There have been few to take
their places. It may be that new leaders
will arise, particularly If the G. o. p.
Is able to bring forth convincing creed
at . national convention.
x
In the days before 1882, the G. O. p.
was able to hold on to the county gov
ernments. These are the ground roots
Of political control. A party may lose
. national election for President and for
Congress- but II 1t can still keep control
OF local governments 1t may stage 4
comeback At anv time The liam oore <io