Indianapolis Times, Indianapolis, Marion County, 11 June 1946 — Page 5
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TUESDAY, JUNE 11, 10
luo My oF | | CASES TOGAIN - COMPROMISE
Involving ‘Former Clients of Justice Roberts Compiled.
By EDWIN A. LAHEY Times Special Writer WASHINGTON, June 11.—Further details of the historic supreme court feud were learned today from behind the plush curtain that has always guarded the tabernacle of the law with the greatest of secrecy.
During the row described sketchedly by Supreme Court Justice Robert HM. Jackson in his sensational statement at Nuernberg, Germany, Justice Hugo L. Black himself threatened to take the high court fight to the public. Justice Black, it was learned, prepared a list of cases involving former clients of Supreme Court tice Owen J. Roberts, in which Justice Roberts was supposed to have participated. He submitted this list to the late Chief Justice Harlan F. Stone, and threatened to make it public if the storm created by Justice Jackson about Justice Black's participation in a certain case were not abated. Forces Compromise Justice Black's threat, according to informed sources, forced a compromise in the fight that was precipitated when Justice Jackson questioned the propriety of Justice Black’s participation in the portal-to-portal “mine wage case. In this case Crampton Harris, Birmingham, Ala. former law partner of Justice Black's, was one of the lawyers. While it was Justice Jackson who actually opened the attack on Justice Black in the court's super-sec-ret conference room, Justice Roberts had sided with Justice Jackson.
The conference grew so heated
that the chief justice was forced to adjourn consideration of the business before the court, which was a motion for a rehearing on the “portal-to-portal” pay issue. This motion was based on the complaint of a coal company that Justice Black should not have participated in the decision upholding the principle of portal-to-portal pay, because of the interets of his former law partner, Mr. Harris. Assembled List of Cases After the recess, it was leatned, Justice Black assembled the list of | cases involving former clients of} Justice Roberts, and sent this list to the chief justice. The list was accompanied by the broad hint that it would be made public if the tempest about Justice Black's participitation in the “portal-to-portal” case were not quelled forthwith. The supreme court subsequently
did deny the motion of the coal] .company for a rehearing of the
“portal-to-portal” case, without offering any of the strong observations about Justice Black's participation that had been suggested by Justice Jackson in the first place. Justice Jackson's blistering statement, which rocked the capital, was quickly linked to the widely known campaigning that Justice
ps-Howard WASHINGTON, June 11 When
Black into the open, he may have pose of investigating the feud.
to hold office, according to the constitution, “during good behaviour.” They can, meanwhile, be subjected to impeachment charges in the house of representatives. If these are upheld by the senate, they can be removed from office. The. constitution says: “The President and all civil officers of thé United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” The term “high crimes and misdemeanors” is obviously quite broad. It has been used to include mishandling by judges of bankruptcy matters, as well as other incidents of misconduct. The senate has the sole power to | try impeachments. Convictions require two-thirds vote. However it would not be nhecessary to start impeachment proceedings in order to investigate the court. Either the house or senate judiciary committees could investigate on its own. A federal judge is impeached when charges of impeachment are brought against him on the floor of the house. An impeachment resolution has a high priority in matters before the house,
resolution is introduced, it is referred to the house judiciary committee. The full committee, or a sub-committee, then can investigate, The committee however decides what to do about the resolution. If it decides the charges are well-
the supreme court brought his fight against Associate Justice Hugo ment machinery of congress to get into operation, at least for the pur-
All federal judges, including those of the supreme court, are allowed
Probe = F— oo shi BEGIN BUILDING NEW Under Broad Terms of Pond
By MARSHALL MeNELL
opened the way for the impeach-
wise penalize him.
nothing ‘to prevent an impeached judge from being indicted and tried
{also one of the most cumbersome.
Normally, after an impeachment | Whelming proof before it would
founded, it can report them to the | house, for approval.
points several “managers,” who thus’ |
By WALTER
court.
ident Truman not to appoint Justice Jackson to the post of chief justice. Justice Black had let it be known that he and possibly Justices Murphy and Douglas would resign the court if Justice Jackson were nominated as chief justice. This aversion to the promotion of Justice Jackson was shared by Robert E. Hannegan, the postmaster general and the chairman of the national Democratic committee, and by Mr. Hannegan's labor friends, particularly Philip Murphy, who urged Mr, Hannegan to oppose the Jackson nomination. Mr. Hannegan did so oppose Justice Jackson in his talks with Presi; dent Truman, it was learned here. Copyright. 1946, by The Indianapolis Times
Black had done to persuade Presi-
and The ' Chieago Da Daily News, Ine.
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Upon approval, the house ap- in their seats day after day listen-
Report Vinson Appointmént Was Sharp Blow to Jackson
United Press Staff Correspondent NUERNBERG, June 11—Closest co-workers of Justice Robert H. Jackson in" the war crimes trial said today he was disappointed over President Truman's failure to appoint him chief justice of the supreme
Justice Jackson's colleagues said he had entertained definite hopes | for the post before Mr. Truman named Fred Vinson. In his attack
them, Its verdict can only separate a
in the regular criminal courts. Only one associate justice of the supreme court was ever impeached and tried. He was Samuel Chase! who was aequitted in March, 18085.
Old and Cumbersome | Altogether, the.impeachment pro- | cedure is one of the oldest pieces of governmental machinery incorporated in the constitution. It is
But in operations before the house judiciary committee it offers a broad field for investigations of all acts of a person who has been | impeached. If an {impeachment resolution were to grow out of the JacksonBlack feud, the house judiciary committee would have full freedom to inquire into all aspects of dif-| ferences among members of the supreme court. / But there would have to be over-
| recommend trial of any supreme court judge by the senate. Pressing Trials’ Difficult In recent years, especially, the house has had considerable diffi-| culty in pressing impeachment trials| before the senate. One reason is that the whole senate sits on a jury, and it is difficult, |if not impossible, to p senators
ing to all the testimony.
CRONKHITE
I: U. DORMITORIES
Times Special : BLOOMINGTON, a June 11.— Staff W: Construction was started today on Associate J Justice Robert Jackson of | seven dormitories -and a dining hall to accommodate 1008 men students next fall at Indiana university. Most of the material for the new housing group, which will offset an expected enrollment of 10,000 at the Bleomington. campus, already has become the prosecutors in the sen-|been purchased, the university anate. nounced. The senate sits as a jury, hears 3 3 a Jrovide in men permanent Ii the charges, and finally votes upon Talis iy oof oa ray dorm tories and trailers. The new units are being conman from his job. It cannot other- [structed on university land east of But there's | Memorial stadium, around which a trailer city and temporary dormi- tures, 230 feet lorig. Operated as tories now cluster. Each of the new dormitories will be 140 by 160 feet. be two-story, functional type struc-
——————————————————————h tee eee I —
Accommodations now provide for
|
on Justice Hugo L. Black, he praised | Mr. Vinson as “upright, fearless and well qualified.” The justice said he felt he should | speak out about his feud with |
Justice Black to clear the atmosphere around the supreme court | before Mr, Vinson takes office. He | said he could not fairly say any- | thing until the chief justice ap-! pointment had been made lest he appeared in position of pleading for | the post. i Now Free te Speak { “Now that the appointment N made,” he said, “I am free to answer and choose to do so, not by innuen-| does, but over my signature.” ! Observers at the war crimes
{I had better not comment on that.”
tribunal speculated that the supreme {court feud might lead to Justice | Jackson's departure from the high bench and his entry into active Po litical life, When he was most prominent as chief American prosecutor last winter, there was occasional mention of him as a presidential Ne in 1948. Asked if his statement had wen) suggested by a Washington legis-| lator or some other American ad-| viser the justice replied, “I think
He said he had received dozens of clippings of the Washington Star articles on the court. Recall Farley Visit | There were rumors here that Justice Jackson had patched up old! differences with James A. Farley
when the former postmaster general visited here three months ago. It| was suggestéd then that Mr, Farley | might support him for the Demo-| cratic nomination as Governor of | New York. | The justice has denied he is a candidate for any public office, professing a desire only to serve on the supreme court. | It was learned he sent a letter to | Mr, Farley after the latter's visit, | stating he sought no office. That, however, was before the death of Chief Justice Harlan F. Stone. | Justice Jackson's statement said | he wished to emphasize the magni- | tude of Mr. Vinson's task in trying {to close the breach within the court. | He said his controversy with Justice | Black involves: the reputation of | the court for unbimsed decision. | He made it clear his exchanges |with Justice Black on the legal is- | sues involved had been heated. Jus-| [tee 1 Black, he sald, was “very
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Seven ae Alapuuianies an a dining hall ow wits watstraction ah Dudas gpivestty, wil ave: date 1008 men students on the Bloomington campus this fall. The modérn structures were designed by Burns and James of Indianapolis.
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