Evening star. [volume] (Washington, D.C.) 1854-1972, 1946-06-14


blemished reputation. The worst
that could be said of him would be
that, convinced Mr.. Black, Mr.
Douglas and their friends had
stabbed him in the back" while
he was in Nuremberg, performing
duty placed upon him by the
President, in a moment of anger he
had struck back.
Black Tougher.
But with Mr. Black it is different.
1t Is hard to believe in his volun-
tary retirement. His friends say the
idea is absurd. If he did resign. in
effect. it would mean that he had
been driven off the bench by Mr..
Jackson. 1t would appear an ad-
mission that the charges of unethi-
cal conduct against him were well
based. Besides, Justice Black dear
ly loves being on the Supreme Court
and the notion of voluntarily re-
firing is one those who know him
best think he will never seriously
entertain. In addition, Mr.. Black
ID llOt d ScIlSlllp6 man.
Close association on the bench
with Mr.. Jackson will not be nearly
as tough on him as it will be on
Mr.. Jackson. a man of very differ
ent temperament.
Further. it is argued that the
charges of unethical conduct in not
retiring from cases in which his
former law partner was counsel
do not bother Mr.. Black any more
than the harsh things that were
said about him when he permitted
the Senate to confirm him under
the impression that he had not
been q member of the Ku Klux
Khan. 1t was after confirmation
that he admitted he had been a
member. And man who was I'M
disturbed by the sort of attack that
then developed will not be disturbed
by the demand from Senator
Bridges and others that he resign.
At any rate, the dual resignation
Idea Is not likely to work out-and
there is no other suggestion. The
best opinion is that nothing will be
done. A congressional investiga-
ton would be futile and foolish
The talk of impeachment is non
sense. So is the talk of Congress
laying down a set of ethical rules.
Perhaps matters will get better
IN the court. Perhaps, time-and
Chief Justice Vinson-will restore
judicial and personal harmony. At
any rate, things must improve be-
cause they hardly can get worse.
The dignity of the court has been
almost completely destroyed-and
that Is serious thing. The Black
jackson feud is not the only one
and feuding is not the only I'M
fortunate practice INDUCED in by
the justices.
There is the personal publicity
which certain members persistentlv
court. There are the political aspira
tons which certain members cherish
and promote.
Altogether, the court, in some
ways, Is at the lowest level it has
been In many years. A veteran
Washington correspondent said the
other day that this was the first
time In history that a newspap per
man could go to a Supreme Court
justice and say, Mr.. Justice. what's
going on?" and get an earful."
May Be Beneficial.
Attributing its present low estate
to the kind of justices Mr.. Roose
welt named Is not entirely correct
1t Is true some of the Roosevelt ap-
polntees are anything but first grade
but at least one-Justice Frankfurt
ter-WaS conspicuously good.
Perhaps, after all. the Jackson
blast may turn out to be beneficial
IN the End. Often, the only way to
cure bad situation is to bring the
facts out in the open. This was
proved recently in the unfortunate
business Of the Red Cross and its
ianor-unlon conracts-noW. hap
PLY, no longer in effect. 1t may work
out that way on the court. Not onlv
feudlng may be made improbable
but a higher standard of ethics NAV
be forced by the exposure of the
low STANDARD.
Finally, a genuine public concern
may make 1t more certain that this
President-and those to follow
Will name as Supreme Court Jus