The Detroit tribune. (Detroit, Mich.) 1935-1966, 1940-03-09
EDITORIAL PAGE
BLACK COMES RACK

II was not without judicial foresight that tue
supreme courts recent decision involving the mWo
degree" methods and practices wac read by Mr. JUS
tice Black fitting procedure could naf1y
have been derived in view of the controversy anu
storm OF opposition his appointment TO the supreme
Bench occasiored Judge Blacks previous ainia.'"n
with the ku klux Khan haunted him ike the snos' vi
Ranque when judicial aspirations came upon MIN
Even President Roosevelt came under severe con-
demnation for assuming that Black was the man LOT
the place But Roosevelt stuck by his guns ana BLACK
got the appointment with Negtodom arrayed against
him
The history OF the Khan and its activities made
Negro opposition logical and jusihabe. IL Is doubt
full II a man in high place has been subjected 20
snch scrutiny as Justice Black His every move has
been seriously watched and studied and II Is DOUBT
ful If any man has moved more cautiously lhen
came the chance for Justice Black to redeem himself
in the eyes of the Negro race in particular ard toe
nation in general aud TO his credit II must be SAN
that he rose grandy the occasion and went out OF
his way 10 assure the minority groups OF the coun-
try.
He was statesmanlike in his defence OF the due
process OF law clause OF the constitution and became
brilliant in declaring that Today as IN ages pas,
We are not without tragic proof that the eAa'eu
power Of some governments to punish manufactured
crime Mechanically is the handmade OF tyranny mat
under constitutional system, courts stahu against
any winds that blow as havens OF refuge ior those
who might otherwise suffer because they are help-
less weak outnumbered or because they are noh-
conforming victims of prejudices and pubic eAeis-
ment that the due process OF law preserved py o''
Constitutions commands that no such pfacu'er ,na'
disclosed nv this record shall send any accused TO
death No higher duty. more solemn responsibility,
rests upon this court than that OF ransiating INTO
/ living law this constitutional shield deliberately
planned and Inscribed for the benefit OF every human
being subject TO our constitution OF Whatever race
creed or persuasion
I Then Justice Black turns with seriousness to the
legal constructions that pertain TO the methods by
which unnumbered Negroes have been railroaded 70
/ suffer imprisonment and death. His opinion tolioWs'
The determination TO preserve an accused the right
to procedural due process sprang In large part Tor
! knowledge of the historical truth that rights and
liberties OF people accused could not be safely ell
trusted To nquiSitoral processes. The teetl-
mony OF centuries in governments OF varying KINDS
OF populations OF different beliefs, stood as proofs
that physical and mental torture and coercion had
brought about the ragcaly unjust sacrifices OF some
who were the nObest and most useful OF their gem
erat or. The rock. the thumbscrew. the wheel, so
iary confinement, protracted questioning and cross
questioning, and other ingenious methods OF ertrap-
ment OF the helpless or unpopular had left their
wake OF mutilaed bodies and shattered minds alonS
the way 10 the cross the gullone The stake and the
hangmans moose
Mr. Justice Black no doubt had the poor Negr,
in mind when he repaired the foregoing opinion ant
il must he said OF him he noble heights. The
most hopeful aspect OF the whole matter is that he
is southerner by birth. training and tradition. i
strikes me as a matter of more than passing momen
when a southerner comes through with such fyinf
colors Justice Black was eager no doubt to redeem
himself in the OF the nation ard he did II Ell
fectvely and brilliantly southerner with mora
forces rallied is hard TO beat and justice
BLACK He has come back and for this we all arr
proud and willing TO rescind our once
harsh opinions that were not always rooted in rea
son.
The Negro race has no better friend than a Whit
Souherner who wants TO justice done ard II
willing hear the odum incident to seeing it done
II is wisdom the part OF Negro leadership 10 dis
cover these noble spirits and cooperate with them
The destiny OF the Negro is bound np with the ad
yancing white South the hope in the premise lies II
the rise OF and more courageous South OF
justice bent, BLACK comes back"