The Washington times., 1938-05-16

L ceedingly that Associate
Justice Hugo L. Black, in his
first year on the Supreme Court,
should have to face another
smear" campaign. They regard
it as unfair play that before
the ALBANIAN had q real chance
to get started-he has been on
the bench only eight months
he should be attacked for Sin.
competence.
But, nevertheless, few can re-
press a smoker at the present
spectacle of the nations legal
gods cast in the role of
"smearerS" and planting" in
the press a story unfavorable
to a colleague in a manner
smacking strongly of highbind-
ing politicians with axes to
grind.
The axe the Black attackers
have to grind is being sharp
ened, of course, to hack at the
future appointments Of judges
by the President. The idea, ap-
parently, is to make r. D. r.
feel that in the future he must
be guided not by his own pref.
erences but by what the elder
justices now on the bench and
the American Bar Association
think.
Marquis Childs made the
elder justices attitude clear in
the same article in which he
"authoritatively" expos d
Blacks supposed blunderS.
What dominates the think
ing of those members Of the
Court most keenly aware Of
their responsibilities, it is pos
Sible to state authoritatively
here, is a grave concern for its
future" ChildS wrote. Justice
Cardoza is recovering from q
very serious illness he may
deem it wiser not to return Ito
the bench) at all.
In any event, 1t Is probable
that President Roosevelt will
have four more appointments to
make to the Court. Those Jus
tees who have remained
through the Court fight are pre-
occupied with how he will re-
make it"
Further down in his article,
Childs states that the Supreme
Court Justices are very much
aware of the judicial perform.
ance" of men who hold lower
court judgeshipS and would
doubtless prefer to see Supreme
Court appointees taken from
among their number.
In other words, the Supreme
Court judges would like to see
judges promoted-not outsiders.
A N undercover attack on Jus
"A tice Black from the begin
ming has been that F. D. RS
friend, Thomas G. CTommy the
Cork Corcoran, wrote the Black
opinions. And Tommy the Cork
is being twitted plenty about
the Childs article.
II think you've got a libel &C
ton against that magazine, that
says you're incompetent" in
sisted one Corcoran pal. Il think
you ought to sue"
A ND then there was this sar-
A donic comment on the situa-
ton that finds anti-New Deal
members Of the Supreme Court
inspiring attacks on the legal
education and judicial expert
ence of their colleague, Justice
Black.
Apparently, the justices are
not content with proving to the
nation that the legal gods have
feet of clay. Now they're insist
ing on proving their hands are
muddy"
DRESIDENT ROOS EVELT
l. loves the sea and he loves
to sing. He was able to enjoy
these two pleasures to the ut
most on his recent cruise in the
Caribbean aboard the strictly
New Deal cruiser Philadelphia
(authorized, built, launched and
commissioned in his Admins
tration) when for the first time
he had with him on a sea trip
Navy Bandmaster Lieut.. Charles
Benter and a complete Navy
band.
Favorites called for by the
President in the nightly chorals
under tropical skies were such
old-timers as Nancy Lee" AN
chors Aweigh," the Marines
I'm the Halls of MonteSuma"
with Navy words) and "Old
Sailors Never Die" The last is
a revamping Of the old British
army song, "Old Soldiers Never
Die"
Not once did F. D. R. ask for