Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-08-17
Blacks Lobby Quiz
If Hearings Are to Be Held on Nomination, This
Aspect Should Be Well Ventilated.

AS to the Black committee, the
court said its action was illegal. The
court declined, however, to order the
Black committee to return seized tele-
grams to their owners. The court said
it took this position because, even
though the action Of the Black COM
mittee was illegal, the court did not
wish to be in the position OF inter-
fering with the Senate. The court
wished punctiliously to maintain the
separate prerogatives of the three
branches Of the Government. The
court said that Congress lis as much
the guardian Of the liberties and well
fare of the people as the courts. I"
Finally, and rather naively, the court
said, "The assumption may properly
be INDUCED that, attention being
called to the unlawful nature Of the
search, the Senate will not use its
proceeds in disregard Of appellants
rights"
Unjudicial Traits.
II this was mild hint by the court
that Senator Black ought to return
the seized kilograms to their owners,
and If Senator Black has even acted
upon the hint, the fact has escaped
public notice. So far as anybody
knows the seized kilograms are still
in the possession of Senator Black
as chairman Of the Senate committee.
They are there illegally.
That some kilograms were seized
and taken into the possession of the
Black committee is clearly proved. In
addition, it has been alleged that
copies were made of some % 900 mes
Sages. What was done about others is
unknown; 1t has been alleged that
notes of the contents of some were
made. To find out just what was done
as to all Of the kilograms would be
useful result of hearings upon the
appointment of Senator Black to the
Supreme Court. 1t seems not too much
to suspect that If sleuths had I'M
limited access TO the kilograms of
literally everybody, they did not fail
to take notice or make use of the tele-
grams of anybody and everybody whom
the New Deal does not like. 1t seems
quite possible that If there were now
hearings upon this action Of Senator
Black, persons who do not now dream
that their kilograms were ever scruti-
nized would discover that knowledge
OF their intimate private affairs has
been in the hands Of New Deal agents.
II is possible that some Senators who
expect to vote to confirm Senator
Black would be shocked to discover
that Mr.. Black or his agents had
subjected their kilograms to scrutiny.
But there are aspects of this ap-
pointment to the Supreme Court
which no amount OF public hearing
could bring out--some of Senator
Blacks extremely unjudicial traits. in
Guiding the touch of cruelty in him,
and his lack Of not only sense of
justice, but even OF that upon which
justice Is based, a sense of fairness.
Yet he has other traits which re-
sponslbility and high place might
develop. He is highly intelligent, even
though his intelligence is SO far over
balanced on the side of smartne.s
cunning; he is wholly without love OF
money and he has capacity for study.
To many, the most disturbing aspect
OF this appointment is that the choice
was made mainly for purposes having
no relation to fitness. Mr.. Roosevelt
did 1t largely as Haunting gesture
of defiance to the Senators and others
who had defeated his court plan.