Indianapolis Times, Indianapolis, Marion County, 13 August 1937 — Page 2

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we INDIANAPOLIS TIES

APPOINTMENT

Condemnation and Praise SENATE DELAYS

DESCRIBED AS Mixed in Comment on PLEA A 10 SOUTH Black Court Nomination

Roosevelt Believed Hitting |

Back at Foes of New Deal.

{Continued from Page One)

to be the hottest fight “of his political career, in Alabama next vear. | He has been a ministration man, even to the point

| {

| President gesture of nominating Senator Black, har offers not the slightest qualification Tor His real qualification i is plainly the intensity

simon-pure Ad- |

of abandoning the Senate leader- |

ship by voting not to recommit the court-packing bill. "His fight for the Wage-Hour Bill, which bears his name, brought almost universal condemnation from the South, with the exception of Organized labor. The strategy of his opponents was to sell the T0 per cent rural Alabama on the idea that the Wage-Hour Bill would make it impossible for them to retain cheap help on the farms and would force higher prices for the things a farmer has to buy. The weakness of the opposition was the lack of an outstanding man to take the field against Senator Black. Many were anxious, but none felt sure that Mr. Black could be beaten. So the plan was to create the idea that he was slated for defeat and then trot out a last-minute candidate

Fight for Farm Bill

As soon as the Wage-Hour Bill passed the Senate, Senator Black shrewdly opened a ffght for action on a farm bill and on cotton loans, and was preparing to speak against the Antilynching Bill Negroes don’t vote in Alabama. At the last election the Democratic ticket was headed by the rooster emblem under which appeared the words ‘white supremacy.” This was the official ballot Ku Klux Klan support is credited with sending Mr. Black to the Senate his first term He was a member of the Klan, according to ex-Klansmen who are his friends With Imperial Wizard Esdale ‘escorting him about the state, he was introduced to Klan organizations and was pledged their ‘political support The Klan had disbanded he made his next race in 1932,

vote In

James

when

Knives Sharpened for Him

Industrial interests in Alabama have heen sharpening their knives for the Alabama Senator in prepa ration for next vear's primary, when he would have been up for renomination, and their ‘campaign Was given impetus by his championship of the Wage-Hour Bill. A vehément and personal statement of his faith and background was ‘made by the Alabama man in the final speech of the Senate debate on the Wage-Hour Bill. The bill, ‘passed July 31 by the Senate, is now stymied in the House “It is said that this bill has poetry in it,” the Senator remarked. “I should thank God if it had. 1 cannot forget that the great the world have never failed, down through the ages, to raise their voices in behalf of the helpless and the weak. Somehow I have alway sthought that the poetic phrase ‘Come unto me, all ve that labor and are heavy laden’ was perhaps more than anything ‘else responsible for the unpopularity spoke it “I ‘do not forget the song of the shirt, the lilting ‘melody of which, with all its beauty and its purity, did s0 uch to awaken the people of its generation to a realization of abuses that ‘must be stopped

1 Came From the South’

After discussing other arguments for and against the bill, he concluded: “I come from the South, and 1 am proud of it. T believe I speak the language of its people. My ancestors have been buried under the soil ‘of the South since before the Revolutionary War They settled in Halifax ‘Gounty, Va. They settted inh South ‘Carolina and in the grand old state of ‘Georgia. “An uncle of ‘mine ‘marched forward 1th the face of the shells of Gettysburg, and I am proud of it. Mv father, at the age of 14 years the last one of his family who had not gone intd the war—ran away and volunteered under the stars and bars The first-born of my father's family was hamed for ‘Gen. Robert E. Lee, and another was named for “Gallant” Pelham, whose heme is a hallowed one in all parts of Alabama and the South “7 speak for the little men and women of Alabama and of the nation.”

Voted Against Huvshes

Senator Black ‘voted ih 1930 against the ‘hominations of Chief Justice Hughes and Judge John J Parker to the Supreme Court. Mr Parker was rejected by the Senate: Mr. Buches was confirmed. Justice Roberts and Cardozo, the ohly other justices appointed since Mr. Black hes been in the Senate, were ‘confirmed ‘without Tecord votas. Mr. Black did not take the debate on the Hughes tioh. Th the Parker debate contribution was a number tiohs about some of Judge anti-uhion injunctions He put inte the record a quotatioh from the famous Hitchmann injunction issued by Judge Parker, which forbade the United Mine

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part in nominahis only of quesParker's

articulate |

| his selection for

poets of |

of the One who

{one ‘of the few

‘Defiant Gesture,

> Says One Paper: ‘Great,’ Declares; All See Act as Attempt by Roosevelt | to Bolster New Deal.

Another

By United Press

Comment of the press on President Roosevelt's ator Black to the Supreme Court follows: New York Herald Tribune (Ind. Rep.)—Not even those closest to the |

on Capitol Hill dreamed

President would elevate him. of his New Deal support. who stood the Conrt-packing plan to its grim death. . . . The nomination serves notice to Congress and to the country that the President means to take no chances. He stands accused of wanting to pack the Supreme ‘Court. Pack it he will, then, | at every opportunity. The nomination is as menacing as it is unfit. New York Times (Ind. Dem.) — Not often, if ever, has Mr. Black as a legislator displaved that toleration and understanding of the claims of those in opposition to his ideas which have always been considered essential judicial attribute. It must therefore be accepted that . the President is still thinking of the Supreme ‘Court in terms of social and economic doctrine rather than in terms of law. Had his chiet concern been to find an eminent lawyer or liberal. even of New Deal, tendencies. Mr. Roosevelt would not conceivably have chosen the Senator from Alabama. . . . Philadelphia Record (D.)President has made a great ination to the Supreme Court. . Senator Black is, ih fact, the first nominee since Louis DD. Brandeis and one of the few Supreme Court nominees in our history who does not come from the bench or the corporations, but from an active career in public service politically -. -. a great choice. Philadelphia Inquirer (Ind. Rep.) -There reason to believe that manv persons, assaying Mr. Black's nomination in the light of his extreme partisan affiliation with the

“The nom-

Workers to send aid to persons in company-owned houses. Discussing it briefly, Senator Black said: “Of ‘course, it was a manifest effort to starve the miners into leavying the (company) houses.” The Alabama Senator learned of the ‘Court about 12 hours before his nomination was sent to the Senate.

He was called to the White House |

the to

Wednesday night and given news. ‘His nominatioh was sent the Senate at noon vesterday. As ‘early as ‘Sunday night, ever, the ‘Senator knew that he might ‘get the appointment. An intermediary for the President saw him and, on behalf of Mr. Roosevelt asked if he would accept the appointment. But the President did a final decision until Wednes according to an ‘authoritative cotint. The ‘choice lay finally

reach day,

not

be-

{ween the Senator and U.S. Solicitor |

General Stanley F. Reed, wht is from Kentucky have been the candidate

torney ‘General Cummings. Office May Be Aid The President had decided

of ‘At-

that

the appointment should go to the ;

South. In Senator Black's favor,

bevond his general social and ‘eco- | New Deal rec- |} he ‘was # |{

nomic views and his ord, was the fact that Senator which was expected to make confirmation easier But for a twist of fate, ‘Senator Black might have been disqualified.

Until a vear ago he was a mem- | [ ‘ber

of the ‘Senate ‘Judiciary ‘Committee. He got a transfer Finance Committee because, as he put ‘it, the Judiciary ‘Committee ‘never did anything.” Had he been a member of Judiciary ‘Committee ‘during battle ‘over he would have taken a leading part in that fight, become embroiled in the bitterness, and thus might have made the President hesitate to risk appointing him.

the the

During the fight he privately ex- | pressed regret at not being on the |

Judiciary ‘Committee. He ‘may think better of it now.

~~ S

He ‘was. > | White House and

nomination of 8en- |

he would make the defiant Senator Black's record at the the high office to which the |

that

‘Bloc

are

ator Congress preme Court retirement Jaw under

ACT APPROVING APPOINTMENT

Os Confirm Black as Supreme Court Nominee.

(Continued from Page One)

which passed the

which Justice Willis Van Devanter

with measures | that may come before him for judicial decision, will regard this appointment as highly unfortunate. | Cleveland Plain Dealer — It is | strictly a New Deal appointment. | One's reaction to it is bound to be dictated by one’s opinion of the New Deal. With Black ‘on the Court the Administration will be assured-—so far as assurance is pos- | sible in such a case—of at least one vote in support of any Roosevelt | measure whose constitutionality is | assailed. . No element of compromise on the President's part can be read into this appointment. Kansas City Times—The . . . appointment suggests te the country the extremely fortunate cir- | cumstance that it is only one and not six names that the White House has to submit for the high tribunal. ! If the President wanted a spokesman ‘on the Supreme Bench, | he would have it in Black. If he wanted a liberal and ‘new blood,” he would have that, too. . . . As to judicial balance it will be recalled that a little more than a vear ago he (Black) headed the Senate committee on lobbying, which was so extreme in its ‘methods that its | work came to be known as ‘the Black Inquisition.”

| of Indiana quit 'in June raised a constitutional issue ment.

| objection, telling a ference Cummings eligibility that eligible.

and Democratic Senatorsthe strategy of their successful fight Administration's reorganization program-— pressed a determined campaigh to npproval of the Black nom-

against judiciary

delay

the

to Senator Black's appoi

As the Committee overrode

President Roosevelt

that had

Attorney considered Black

Senator was

Mr. Roosevelt also said he is

Court which would

Meanwhile =

the

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ee co —. | and increased during a member's | term in office. He contended the fact that Sen- |

Black was a member of this Su-

a Har rr PAAR

FRIDAY, AUG. 13, 1937

| thation until * ‘we've heard from el on his objection other than ment bill, which Senator Black sup- | tar procedure and go to committee

country.’

[to say ‘the Off-the-trecord as well as public | Original Supreme Court enlarge- | the nomination should follow regu- 'in pias the selectioh.

| comment showed it would include | 'most of the 17 Republican Senators |

as well as an indefinite group of ‘Democratic conservatives, Friends of Senator Black, assert-

ing he would have an overwhelming |

the legal

The threat of complications arisling from the nomination of Senator |

staunch New Deal supporter a leading Senate

Black, known as

liberal,

{lative program, which appeared to be ih too many snarls to make adjournment feasible by Aug. 21.

Failure of the Senate—due to ob- |

jection by Senator Johnson (R. |'Cal.)—to confirm the nomination when Senator Ashurst sought to | bring it up yesterday was considered almost unprecedented Ordinarily ‘nominations of Senators to other posts are immediately confirmed under the traditional rule of “senatorial courtesy.’

Senator Johnson declined to com-

added to the disruption of | the Administration's general legis- |

issues raised by the ported, were so grave that he felt | Other Senators were less hesitant

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