Indianapolis Times, Indianapolis, Marion County, 18 September 1937 — Page 10

~The Indianapolis Times

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SATURDAY, SEPT. 18, 1937

ROOSEVELT AND THE CONSTITUTION RESIDENT ROOSEVELT’S address last night was a splendid statement of the attitude that modern Amer“icans should take toward fhe Constitution of the United States. The little group of men who signed the Constitution -at Philadelphia 150 years ago did frame ‘‘a layman’s document, not a lawyer’s contract.” In considering the fundamental powers of the new national Government they did use “generality, implication and statement of mere objectives, as intentional phrases which ~~ flexible statesmanship of the future, within the Constitu- - tion, could adapt to time and circumstance.” 5 They did treat “even the Supreme Court” with “that - purposeful lack of specification.” We have had for 150 years “an unending struggle be- _ tween those who would preserve this original broad concept of the Constitution . . . and those who would shrivel the Constitution into a lawyer’s contract.” The lay rank and file of political parties, as distinguished from some lawyers of all parties, has demanded that Congress, Executive and Court “be efficient; that all _ three be interdependent as well as independent; and that - all three work together to meet the living generation’s ex- * pectations of Government.” It is true that “whenever legalistic interpretation has: clashed with contemporary sense on great questions of broad national policy, ultimately the people and the Congress have had their way,” and true “that word ‘ultimately’ covers a terrible cost.” Modern history does prove that “reforms toe long delayed or denied have jeopardized peace, undermined democracy and swept away civil and religious liberties.” More than ever before time is “vital in statesmanship and in government—in all three branches of it.”

~ 2 2 » . ” » » ITH all of that we can and do agree unreservedly. What the President has stated is not only his creed concerning the Constitution, but our creed also. And we think it has seldom, if ever, been better stated. Without attempting to read into the address any inference beyond the plain meaning of the President's words, we. know that many who heard him wondered, and still wonder, by what method he proposes to make the Constitution work “now.” As to that: It should not be the method which he did propose some seven months ago and which the Senate rejected after a bitter and disastrous struggle—namely, packing the Supreme Court; That method would have made the Court, not an interdependent and independent branch of Government, but a branch dependent on, and subject to, the Executive. To millions of ghose who constitute the great mass of the people it would have ‘denied confidence in their justice, ‘their security and their self-respect.” : As the President pointed out, the attitude of the Court did change after he proposed his plan. The “odd man” did overrule himself. That altered attitude, we think, will be an enduring one. But if the Court should turn from contemporary sense and back to legalistic interpretation, a better way than “packing” can and must be taken to meet that situation. The President with his great prestige, the people with their demand that needed reforms be not delayed, can and must employ democratic processes to make the Constitution serve democracy.

NEW SYMPHONY SEASON

HE coming season under a new conductor marks an important stage in the development of the Indianapolis “ Symphony Orchestra. Music lovers are enthusiastic about the prospects. New talent has been added. Soloists of “national reputation have been engaged for the series of - concerts. The new Indianapolis Symphonic Choir, under Director Elmer A. Steffen, will appear on several of the - programs. = Thus Fabien Sevitzky, internationally known eondilc: tor, takes the baton under auspicious circumstances. - He “has placed emphasis on youth, retaining many young Indianapolis players and adding other American-trained young artists. These come chiefly from the Juillard School - of Music, the Curtis Institute and the Eastman and Cincin- ° mati Conservatories. : Doubtless some of Mr. Sovitsliy's interest in young players comes from the fact that he founded and conducted an orchestra and chorus of youngsters who performed __ regularly in Boston. From this grew the New Hampshire - Seacoast Music Festival at Little Boar's Head, N. H., which still exists with Mr. Sevitzky as conductor. : The brilliant group of soloists this season includes « Simon Barer, Frank Sheridan and Bomar Cramer, pianists; Albert Spalding and Lea Luboshutz, violinists; Lotte Lehmann, soprano; Richard Bonelli, baritone, and Emanuel ‘Feuermann, cellist. Much interest will attach to the appearance as conductor at one concert of Ferdinand Schaefer, founder of the orchestra who almost single-handed devel- | oped it into an organization of genuine musical ability. The progress of the orghestra has been steady and gratifying. It deserves continued support as a community asset.

‘SPEAKING OF PORCUPINES PRESIDENT ROOSEVELT, the United Press informs us, interrupted a busy day to receive a gift of two East African porcupines, covered with sharp quills. He will donate them to the National Zoo. The President, on another recent busy day, presented himself with an Alabama porcupine named Hugo, covered with exceedingly sharp quills, and we suspect that Mr. Roosevelt would be glad indeed if he could get the N ational ! ‘Zoo to take that one off his hands.

-

4 Utopia will be a place where the Government contracts flebts that the people will never have_to pay.

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Creeping Fires—By Kirby Fr

Fair Encugh

By Westbrook Pegler

Roosevelt Must Have Known of Black's Klan Record, and If So, What Was Behind His Selection?

EW YORK, Sept. 18.—Those of us who have tried to believe that Mr. Roosevelt was ignorant of Hugo Black’s past connec-

sible job of wishful thinking. The President has sources of information which

are not open to other men, and surely in appointing

a Justice of the Supreme Court, whatever his personal regard for that body, he t have made: some slight investigation of his past. > : And it was a matter of such common knowledge in Alabama that Hugo had been a Kluxer that any inquiry at all must have informed Mr. Roosevelt of this fact. But that only complicates the case, -because the President has a record of broad mindedness and tolerance, and of opposition to the Ku-Klux Klan at a time when it . took courage to fight the Klan. What was he thinking of? Did he regard the Klan thing as water over the dam, believing that Mr. Black had joined only as a politician, and that the people had forgotten it? This is an optimistic thought, but pretty bad even so, because it weuld leave us to believe that he regards a man as fit for the Supreme Court who, it is alleged, took an oath to persecute his fellow citizens merely to win a political position. 3

Mr. - Pegler

# 2 2

HE Klan has been discredited so long that most of us have forgotten the reality of the organization from which Mr. Roosevelt has selected a man to liberalize the Supreme Court.

who was editor of a paper in Alabama when the Klan was all-powerful there. " «Mr, Black,” he’ writes, “was a little Birmingham lawyer who had won his chief fame by suceessfully defending an itinerant Methodist minister who shot and killed a Catholic priest—a trial so full of prejudice and so shocking in its disregard of ordinary legal procedure that the jury almost gave the killer 2 medal at its conclusion.

“The Klan spread a reign of terror through the state which included murder, robbery and other crimes. : \ ew» ; REMEMBER attending a conference of editors which solemnly agreed that the greatest national question was the protection of civil liberties and the enforcement of the Bill of Rights. What we particularly had in mind were the outrages of the Ku-Klux Klan and the prohibitionists. Hugo Black was both—a militant dry who scourged the countryside looking for people carrying flasks when he was District Attorney, and a fanatical Kluxer who conducted his senatorial campaign in a nightshirt.” It-has been said in extenuation that Mr. Black was not a Kluxer at heart. Against the argument that he was not a Kluxer at heart, however, there is evidence in his record that he was precisely that. And if he wasn’t, his defense condemns him, anyway? Apparently we are stuck with our new liberalization Justice, but what do you bet that Mr. Roosevelt will now go through with his punitive expedition against Senators Burke. Wheeler, O'Mahoney and

prevent the appointment of Mr. Black times six?

| tion with the Ku-Klux Klan, disregarding the question whether he continues to be a member, will have to give it up as an impos-

Your correspondent has a letter today from a man

Clark, those “traitors to the mandate,” who helped to .

. I * J The Hoosier Forum 1 wholly disagree with what you say, but will defend to the death your right to say it.—Voltaire.

SAYS AMERICANS IN CHINA SHOULD BE ON THEIR ‘OWN’ By Guy Roley, Frankfort We read in The Times that the American people in China are mak-

ing a fuss because President Roosevelt notified them they would be

on their own if they stayed in|

China. Why did they leave their homeland in the first place? If the good old U. S. A. wasn’t good enough for them to live in, why do they “squawk” for protection from it now? Mr. Moody from Michigan, who suggested that the President “spunk up” and help them, must not have any spunk himself or he wouldn’t be crying for help. We wonder why he left our country. I always have “When in Rome, do as the Romans do.” I say let Americans in China take what comes or get out. We can still get along over here without them: Though I do believe that the missionaries who leave their land to help build up the Kingdom of God should be considered. So I say, let's stay on our home ground. E ’ : ‘2 8 =n VALUE OF MEDICAL WORK IN SPAIN IS STRESSED By Agapito Rey, Bloomington

Appeals are often made for funds and medical supplies to relieve suffering in war-torn Spain. not be amiss to let the readers know what the American Medical Bureau is doing in Spain. The first contingent of doctors, nurses, and supplies left for Spain on Jan. 16. Since then 25 doctors, 48 nurses, 8 technicians and 21 ambulance drivers have been sent to Spain. These emissaries of mercy are distributed among the six American hospitals established in Loyalist Spain. They are under the leadership of the famous surgeon Dr. Edward H. Barsky and Fredericka Martin, head nurse. The hospitals were installed in school buildings, old convents or castles that were conveniently located near the battle front. The work that has been done in these improvised American hospitals is amazing. The United Press reported that in one day 900 patients were treated with the loss of only one life. As a result of this excellent work our stock is rising very high in Spain. The Spanish people show genuine appreciation and gratitude

for America’s help in these trying |

moments. ° These hospitals must have not only doctors and nurses but also surgical supplies, medicines, drugs, etc. We have sent over 30 tons of materials, but this was just enough to get started. In fact, according to one report, on one occasion they ran short of anesthetic in the operating room and the wounded men had to endure untold suffering. Often the electricity is put out and the doctors have to operate with the aid of flashlights. There is a standing urgent call for batteries and generators for these hospitals.Dr. Barsky made a hurried trip to this country hoping to take back

‘to Spain early this month a hos-

pital caravan consisting of a travel-

been taught, |

It will |

(Times readers are invited to express their views in these columns, religious controversies excluded. = Make - your letter short, so all can have a chance. Letters must be signed, but names will be withheld on request.)

ing operating room and several ambulances and trucks. This will cost $50,000, but it would mean the saving of thousands of lives. The efficient work of our medical units in Spain should not be hampered through lack of ambulances and medical supplies. ® 8 9 FINDS TRAFFIC PACE HERE TOO SLOW By a Citizen

Riding and strolling about our fair city at a snail’s pace, I've noticed the change of traffic speed here. Autos whizzing by at 20 miles an hour sort of put a fellow in a trance and bring back fond memories of the horse-and buggy days. Crash! I awaken with a. start to see two autos tangled and a

‘nice traffic jam. Above the blast

of horns from impatient and disgusted drivers I hear words spoken: “Sorry, Mister, but I was only going 20 and wasn’t looking, for I didn’t believe I could do any harm at that speed.” . Seriously speaking, the law in its intent is well, .I know. But times

and traffic have changed and the

speed limits are not fast enough to keep people moving about sensibly. That is merely a belief on my part. I've seen more crackups, traffic jams and to say the least, I've learned more new Wwords—some Webster never heard of—since this law has been in effect. Visiting other cities I find traffic moving faster, drivers more alert

AUTUMN By SUE ELLEN PRICE The sunshine makes a patchwork Of it’s brightness through the trees; The locust sings its droning song— There’s a briskness to the breeze.

We all well know the symptoms— There’s none of us need guess. Our mdther earth is restless; She’s decided to change her dress.

The wind swooped down from up above, And blew it o’er her head; It fell in rainbow ripples— From light orange to darkest red.

The children all ge romping Down her avenues to school; Breathes there a man who doesn’t like it, . He’s more than just a fool!

DAILY THOUGHT He delighteth not in the strength of the horse; He taketh not pleasure in the legs of man. The Lord taketh pleasure in them that fear Him, in those that hope in His mercy.—Psalms 147, 10, 11.

Tis only the fear of God that can deliver us from the fear of man. —Witherspoon.

‘the

and less trouble caused because they are all intent on reaching a certain destination. These drivers must be alert, not reckless, for traffic is moving and so they must move along with it. But woe is me, here they move as walkers in a ghost city. But as a citizen who does as the Romans do, IT must be content to mope around until life is born anew. I wonder, does. the old hitchrack still stand?

” ® 2

ANTIDOTE FOR GEN. JOHNSON IS CALLED FOR By BR. M. G.

I wish The Times would find a columnist who could occasionally knock down the ears of Gen. Hugh S. Johnson. That he is a forceful writer is not questioned; often he packs the punch of an Army mule. Coupled with that he is a keen and presumably accurate observer who commands the respect of ~anyone’s attention. Yet I would like to read another’s views of the things he discusses. Johnson gives one the feeling that he is the last word, which may or may not be correct. For instance, Ernest K. Lindley says that “he had no political skill and when he plunged into a frenzy of action he lost his ability to observe and appraise what was happening.” = - In view of that and similar statements by others, it is legitimate to want to read another’s view in order

to ascertain his bias and blind spots"

and just how much they should be allowed to discount his views on certain subjects.

” o #

HOPES FOR C. I O0.-A. F. L. PEACE CONFERENCE .

By Charies E. Black, Chairman of Workers Alliance of Indianapolis

In the Hoosier Forum recently

was a letter by “William Murphy,

Workers Alliance of America.” I don’t know where Mr. Murphy got his information about the Workers Alliance. It seems he is very poorly informed on the labor movements. There is only one point wherein I agree with Mr. Murphy, that some day the labor movement will be united. We hope to see the day | ‘when the C. 1. O. and A. F. of L. will get together in a Unity Conference and iron out their differences. I know that before long the rank and file of the, A. F. of L. are going to demand Yof their reactionary officers lling of such a conference. As for the members being left out in“the cold, that is all hooey. I am glad to see though that he did boast a little about the Workers Alliance. : | ” ” ” PEGLER GETS A VOTE FROM PERKINS FAMILY By the H. R. Perkins Family Relative to the Westbrook Pegler discussion in Thé Hoosier Forum —we need more like him to keep America America! ‘We choose the paper that carries his column!

It Seems to Me

By Heywood Broun

Black Has Been Quiet Too Long: It Is Suggested That Justice Quit If He Still Pays Klan Allegiance.

EW YORK, Sept. 18.—I wanted to hold whatever birdshot I had to contribute until it was possible to see the whites of the eyes of Hugo Black, but the gentleman from Alabama has held his peace too long. He has

no right to be annoyed by reporters. Their inquiries are fair and just and deserve candid answers. I was one who favored and applauded his appointment, and I have no particular apologies to make for

" that. His record in the Senate established him as a true progressive, and certainly any move to encourage the nascent liberalism of the South deserves support. Moreover, I am well aware of the hypocrisy of some of his critics. In the familiar phrase of Philip Guedalla, they are proceeding upon the theory that any stigma will do to beat a dogma. Obviously they are less exercised by Black’s Klan alignment than by his forceful support of the Wages and Hours bill. And there are many in the Con=~ gress of the United States today who welcomed the support of Kluxers in 1924. Indeed, both the Republican and Democratic conventions dodged the issue.

Mr. Broun

4 ” ”» ” F nothing more than an ancient surrender to political expediency were alleged “against Hugo Black I think that the statute of limitations should suffice to let his confirmation stand. But if it is true that he still holds life membership in the Klan and has made, however perfunctory, allegiance to that

‘hooded order I think the President should try to

force his resignation. The Klan was an evil and dangerous movement back in 1924, and it would carry an even greater threat to democracy if it were to find revival now.

The newspaper on which I worked 13 years ago carried on a campaign against the Klan. I sat

through the 1924 convention in Madison Square Gar-

den as one who was a passionate partisan of the drive to end the menace. Kluxers in Connecticut burned a fiery cross in the meadow next my farm. Indeed, at the time J earned a reputation for reckless courage which was not supported by the facts. : $s = Ta T was based upon a column I wrote saying that I would spend a certain week-end on my Stamford

place alone and ‘that if the Klan wanted to get me

let them come on. Several of my friends were worried and said, “Heywood, that’s a little bit unwise.” “Don’t be silly,” I answered. “I'm not going near the place.” But, repenting of my timidity, I did go up alone the next week-end, and along about 2 in the morne ing a whole. flock of cars came up the side road where I live. I sat at the door of my home with a bread knife in my hand resolved to sell my life as dearly as possible. None of the cars stopped. I guess they weren’t Kluxers, but, after all, I had been parked there with a deadly weapon for almost. an hour and I knew which side I was on. Justice Black ought to recant or get out, and in the latter eventuality I think that President Roose velt might well scotch the Klan issue as far as his ‘Administration is concerned by sending up the name

of Governor Murphy of Michigan or Prof. Felix Frankfurter of Harvard.

ETHANY BEACH, Del., Sept. 18.—In 1932, how Mr. : Roosevelt did pour it on to Herbert Hoover for attempting to croon a market advance out of Wall Street, for encouraging an inflationary market in 1929 by using Federal Reserve policy to support it, and generally for permitting his henchmen like Bob Lamont, Ogden Mills and Andy Mellon to say and do things intended to influence the price of stock. - Nothing Herbert ever did was so raw as what this Administration has done this year to put speculative markets both down and up. Last spring, when it looked as though we were about to have a real recovery spurt, the crack-pot and dnexperienced economic and market “experts” in Washington got together and decided it wasn’t “timed right” So they

tent of persuading the President to come out with a statement that markets were too Gi

” # s

Most basic conditions were optimistic and prices slowly recovered—at least some did. Then all of a sudden, in the face of increasingly promising business developments, the market took the worst flop since the New Deals came in and $15,000,000,000 in values, or about one-fourth of the probable yedrly in-

: some of the Uni

States, vanished in a : Week,

General Hugh Johnson Says—

Nothing Hoover Did to Control Market Was So Raw as Administration’ $ Release of Big Gold Supply and Turning on Depressing Influences.

The Washington Merry-Go-Round

Joseph Kennedy, New Deal Trouble-Shooter, to Leave Maritime Post: Working Behind Scenes, He Has Assisted Administration in Many Jobs.

began to turn on depressing influences even to the ex-.

The great market geniuses who are now regulating all our values and incomes from the Capital, had neither wished.nor expected that. So they all got together in a near-panic in Mr. Morgenthau’s office and decided to turn on the pullmotor and put the market up again by having the Government go out and buy its own- bonds back from the banks where it had forced

them and by putting $300,000,000 worth of gold back ‘behind the paper money and Government credit.

What made the market flop? -War news in China and Europe. If so, why did wheat go up and stocks go down? Nobody who ever studied market trends would sell on war news except perhaps for a quick turn. Real war news sends stocks down in a swift shiver and then up and up and up.

» # ”

HERE is another magic secretly brewing in Washington, a new tax white rabbit, and because ‘ot those incantations there arose a horrible rumor—a zephyr light as air, but terrifying enough to bust any market wide open—a rumor of a graduated corporate income tax. That would be the eventual confiscation of the profit system—the final shattering’ of the whole American economic pattern. I wonder if it is altogether well to shite to a lot of radical theorists in political power, or to any group

‘no matter how wise and impartial, the power to run

prices and values up and down at will like a tin monkey on a painted SUCK, In 1983, Mr. Roosevelt Said it

tL | Wagt'y wise at all.

By Drew Pearson and Robert S. Allen

ASHINGTON, Sept. 18.—One of the major problems Mr. Roosevelt now faces is “that of keeping outstanding and able men in his Administration. Their exodus to private life has been so rapid as to be a serious handicap, and the next to depart will be Joseph Patrick Kennedy, chairman of

‘the Maritime Commission.

By Christmas Mr. Kennedy expects to have started American shipping back on an even keel, at which time he will leave Washington. In that case the New Deal will lose its most gifted trouble-shooter. For Joe Kennedy is the msn Mr. Roosevelt has called upon more frequently than any other to handle important emergency situations. As far as the public knows, his two big jobs have been the organization of the Securities and Exchange Commission and the Maritime Commission. But behind the scenes, Joe has done everything under the sun. At present he, rather than Cordell Hull, is chief adviser to Mr. Roosevelt on neutrality and the protection of merchant vessels in the Far East. He is also Mr. Roosevelt's righthand man on the problem created by the slipping stock market, did heavy lobbying on the Supreme Court reform bill, and was asked to take over the reorganization of the Federal Communications Commission. » # ® i VERY ‘man .loves prestige and power, and Joe Kennedy is no exception. Every man also loves physical comfort, and Joe lives: in one of the most GInalS and. yeomioriakle houses in Washington.

| over backward against them.

Nevertheless, Mr. Kennedy hates to live in Washe ington. Key to this—in fact, the key to his entire chare acter—is his children. Joe has nine of them. Joe would rather spend his time with them than in the most glamorous job in Washington. Also he has an earthy Irish urge to pass to his children eno money to make them comfortable. Since Joe has large ideas regarding comfort, this means quite a bit of money. And the one thing worrying Joe about the New Deal is whether financial insecurity may upset the children’s inheritance. Last year Joe paid $600,000 in taxes.

» » s

M=®: KENNEDY made most of his money in the motion picture business. He has headed the Film Booking Offices of America, the Keith, Albee Orpheum Theaters, the Pathe Exchange, and now a chain of theaters in New England.

All his life Joe has also been active on the stock market, can almost instinctively tell weeks in advance how the market is going. It was not unnatural, therefore, that a hue and cry of criticism greeted his appointnient as chairman of the SEC.

But instead of turning into a reactionary, Mr, Kennedy was just the opposite. And keen Wall Street nose detected carefully concealed pools just as his unerring eyes once fathomed the ticker tape. Mr. Kennedy does not hesitate an Ingen when his own business interests are at He Jeans

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