Evening Star Newspaper, August 16, 1937, Page 11

Doubt Raised as to Black’s Fitness “Senatorial Courtesy” Might Be Extended to the People. BY DAVID LAWRENCE. ENATORIAL courtesy or | courtesy to the people of the | United States? Which s/ more important? One as- umes that a United States Semator is ntitled without hearings or further roceedings to the courtes of the ther Senators to prompt confirmation any office to h he is nomi- Ates There is #i othing in the fules about it, and £ 1 ch THE EVENING STAR, WASHINGTON, D. C, MONDAY, AUGUST 16, 1937. What’s Back of It All Battle Plan Drawn to Push Wage-Hour Bill Through House Committee. BY H. R. BAUKHAGE. HE White House press conference following the nomination of Senator Black for the Supreme Court was well attended. The President was as chipper as ever. He has had a recent haircut and there were no visible signs of the battle scars from the con- gressional revolt which had spread to the House from the Senate. When the subject of the wages and hours bill, stymied in the Rules Committee, was brought up, the President said there was no news on ft. But there might have been if President Roosevelt had chosen D to disclose the battle plan which . had just been completed—subject, of course, to change in these days of strange vicissitudes. This is the strategy, as it had been laid down in case the Rules Committee remained ob- durate: Each committee chairman in the House was to be approached with a warning to the cffect that the Rules Committee was assuming legislative powers: that it was refusing to grant the rule required to t is just a polite ustom which has rown up any vears, isually with re- pect to offices of nuch ortance than ssociate justice hip of the ¢ reme Co he United over § less im- an § David Lawrence. i rhus th i | aised toda fundamental question | f court e people of the United | tates as citizens ever e are ask- hg for open hearin ch testi- nony may esented regarding the tness and r Black o become upreme Cc Senator idely m nember of t be Senate in 192 of the K nation a Senator s oppose: y Congress t n fact, while I ho live in he real busi umane t ens beca ersons ha ight to tr 2 wless m erious as olored race and a It seems flense wa iews on t cipation i ver was attitu rd 1 on the bench and the most libera Court of Appeals ¢ citizens in demanded order to = one of he Circuit But it arious pa ublic hear ake know Senator Black himself having nvestigated not merely Judge Parker's ecord on the bench but how he had onducted his’ office when a prose- ting attorney Senator Black is quoted in the offi- | ecords for April 28, 1930. as hav- said in the Senate concerning Parker His Record Criticized. “May Istate that so far as I am con- ernad with pnd I feel sur ent of many cith what & iled the case; rosecutor he possession vidence which tended to show the nnocence of a defendant, and at the ame time prosecuted him, I feel sure | hat he would get no votes for con Therefore, I think it is important that from some some one who knows, this 1atement be disproved if it can be | isproved.” Senator Overman of North Caro- ina replied: “Does the Senator think hat a man such as 1 have proved udge Parker to be—of irreproachable haracter, an honest man, a cour- hgeous man, a Christian gentleman— fould suppress any testimony of that ng udge difficult,” retorted Senator “to believe that it would be one, but the charge has been pub- iely made: and, so far as I am con- erned, while I do not know how I hall vote with this matter eliminated, { this charge i not satisfactorily dis- roven, 1 shall be compelled to vote gainst him.” | If a man's record as prosecuting ttorney, or if his record In public | ife, has a bearing on whether he is t to sit on the Supreme Court of the Inited States, then Senator Black an hardly object today, when he imself is the nominee, to the citi- ens wanting to know what he did nd how he handled the evidence as | prosecuting attorney not only in Birmingham. Ala., but in Washing- | on, D. C., when he was chairman of | he Senate Lobby Investigating Com- | ittee. In fact, the method by which | e obtained evidence for that com- | nittee is open to the most severe | riticism. | Violation of Statutes. In connection with that episode, the | Tnited States Circuit Court of Ap- | peals has said that the 12.000 private | essages which came into Senator | [Black’s possession at the time were | inlawfully seized and that the Fed- | ral Communications Commission vio- ated a statute of the United States n turning the messages over to the nate Lobby Investigating Commit- | What part did Senator Black play | In inducing the Federal Communica- ions Commission to violate the laws f the United States? It is known hat he was instrumental in persuad- ing the commission to make the! eizire, and it is known also that the Bttention of the commission was called | oy the telegraph companies to the | bring the bill out on the floor of the House for consideration until the measure was tailored to suit its taste. The argument would then be advanced that, if the Rules Committes pursued its present course, the rest of the committees might as well be abandoned entirely. * ok K X From Monday to Friday of last week Washington witnessed the smoothest piece of lightning lobbying that it has scen in many a moon when King Cotton called on the President for help in its hour of need. The whole thing was stage-managed by a single businesslike figure, but wrapped in a romanfic robe of intrigue and adventure, He was Col. Lawrence Westbrook, one-time promoter of farm co-operatives, Teras relief official and later assistant director for Harry Hopkins' W. P. A The colonel at present is retained in an advisory capacity by the W. P. A. and is honorary director (without honorarium, of the Association of State Agricultural Commissioners. At one time he was with the American Cotton Co-operative Association, but for some reason lcft its employ. Now he has been mamed to investigate it. * ok ok X A few days ago, Senator Smith’s Agriculture Committee ordered a probe of charges against the association brought by J. Roy Roberts, South Cardlina commissioner of agriculture. Mr. Roberts says that the associ- ation has misgraded cotton in that State, with a resultant loss to producers. Mr. Westbrook was named investigator. And thereby hangs a tale, too. But back to the week's lobby story. When the Southern agriculture commisisoners arrived in Washington a week ago, Mr. Westbrook took them in charge. There were at least 12 different proposals, aimed at providing a cure for the sick cotton prices, brought to town The ccionel stepped up. mentioned the necessity for speed and pro- ceeded to give an example of it. In no time, he had boiled down the pro- posals to three, and had the commissioners agreeing on them This settled, Mr. Westbrook waved .is wand and the delegation found itself at the White House. The first meeting with the President was very friendly, but apparently futile. “I'm a cotton farmer myself,” or worlis to that effect, the Presi- dent told the commissioners. But he didn't change his verdict of no financial without erop control legislation Secretary Wallace was no less firm. The House Committee on Agricul- ture was somewhat friendlier. But when it came to meeting with “Cotton Ed" Smith's senatorial group, the situation was quite different—— e “Your voice to me is as sweet . as the voice of a baying hound.” said the Senator when the spokes- man had concluded his statement. Then followed the second White House conference, which apparently gave King Cotton what he was after. Meanwhile, reports were circu- lated that the President was still adamant but one more wave of the magic wand, and Mr. Westbrook's petitioners were back with the President. This time, they left satisfied. ¥ ok % x The man who rushed from his hotel with a motor cycle escort in time p the Garner support at the 1932 Chicago convention into a stampede for Mr. Roosevelt, Senator William Gibbs McAdoo of California, is in polit- ical t to reports from the Seantor's worried supporters in the State, the latest, and, some sayv, desperate, effort to line up forces for his re-election in 1938 may prove a boomerang Pierson M. Hall, whom Senator McAdoo sponsored for United States attorney in 1933, is being replaced But it seems that Mr. Hall at some time or other has trod not too gently on the toes of the Senator, or his law partner, Col. William Neblett, who is actively working for Mr. McAdoo's re-election, or both. It is reli- ably reported. therefore, to have been in line with Mr. McAdoo's wishes that the name of a successor to Mr. Hall was sent to the Senate the other day. It is said Mr. Hall was popular and that his removal will not help fill the McAdoo ballot box (Copyr by the North American Newspaper Alliance, Inc.) s which were then be- ing violated. Senator Black, how- ever, apparentiy felt that as a mem- ber of the United ates Senate no [< could touch him, and hence when the unlawful seizure was com- | pleted and the private telegrams turned over to Senator Black's com- mittee, there was no legal way by which the owners could force return of the messages. | Here was a case of pure trespass of private messages by the Communica=- tions Commission in which the com- mission was openly convicted by the | United States Circuit Court of Ap-| peals. Yet, notwithstanding the fact | that the case was pending in the court in an effort to enjoin the Com- munications Commission from further | seizures, Senator Black did the un- pardonable thing in making public the contents of certain confidential messages he already had. He did this | under the cloak of senatorial im- | easy it would be for a Chief Executive munity. The ethics involved, how- |0 dominate the legislative branch of ever, were far more questionable than | the Government by promising jobs for those he charged against Judge | votes on pending legislation. Parker and whose confirmation his So, to safeguard against such a con- vote, (Senator Black's) defeated be- | tingency, the founding fathers put in cause the vote was 41 to 39 and a |the Constitution a provision that no change of a single vote would have}swnmr or Representative could be caused a tie, and the Vice Pre&id(’nt\f“libl@ for nomination by the Presi- at that time was a Republican, who 'dent to any office created during the EISEMAN'’S F STREET AT SEVENTH YOUR UNRESTRICTED CHOICE of Any TROPICAL WORSTED SUIT S‘I 3.75 Regularly Sold For $21. 75 Pick out any $21.75 tropical worsted suit and pay but $13.75. No exceptions —absolutely none. You save exactly $8.00, and you buy a suit that has qual- ity and style, for these fine tropical worsted suits are the most economical, as they seldom need cleaning or press- ing. A wide choice of colors and pat- terns—both light and dark shades. All sizes, regulars, short, long and stouts. .Come In At Once For These Bargains. Federal statu would have supporied Judge Parker's nomination But there are other questions be- sides the ethics of Senator Black in vestigation or even his views on the | relative unimportance, as he sees it, of lynching 14 Negroes in one year. They have to do with Mr. Black’s constitutional eligibility, In He Elgible? The founding fathers put a provision in the Constitution to reduce the chances of crooked government. They said that no Senator or Representa- tive should help create an office or increase the pay of an office and then accept appointment to those offices. The framers of the Constitution wanted to prevent collusion between a political-minded or unscrupulous President and a patronage-hungry Congress~ They probably saw how handling himself in the lobbying in- | :I'HE opinions of the writers on this page are their own, not Such opinions are presented in The Star’s effort to give all sides of questions of interest to its readers, although such opinions ma themselves and directly opposed to The Star’s. necessarily The Star’s. be contradictory among Spoils, Not Liberalism Noted Observer Terms BY DOROTHY THOMPSON. HE appointment of Senator Black to the Supreme Court is cheap. I can find no®other one word to apply to it. Tak- ing advantage of the Senate's club spirit—and of the Senate’s own cheap the post, for the purpose of put- ting the President in & hot spot—Mr. Roosevelt h as pulled another smart trick. Or is it so smart? It who have op- posed the court packing bill in the conviction that the Presi- f dent does not want to liberalize t he Supreme Court, but to abolish it, by turning it into a chorus of yes-men for the Executive and Congress. The political result will be to make the New Deal opposition in Congress stronger, and more timorous of passing any kind of social legis- lation. Let us say clearly that where the present court has been divided, this column has almost always agreed with | the minority of dissenting judges. It | has agreed because of respect for the quality of their minds. the breadth of their spirits, their learning, and the logic and reason of their argu- | ments. Dorothy Thompson. Biow to Democracy. attack on the Supreme Court—by sending to it & man who does not be- lieve its essential function. It is a | blow to democratic government—be- | cause the biggest problem of democra- cies is how to keep alive respect for intellectual integrity and processes. An honest conservative could have accepted the appointment to the Supreme Court of Judge Learned Hand, er Dean Clark of Yale, | or Prof. Corwin of Princeton. or Prof | Felix Frankfurter, or Donald Rich- | berg. All of these men are eminent liberal jurists, who believe in stitutional government and know what it is. Honest conservatives, whose concern is not the protection of exist- ing interpretations of property rights, but is the protection of reason and dig- nity in American institutions. not in their category. Rather is he in the category of Justice McReynolds, : who was also a political appointee, and has not developed, but offers dissent- ing opinions in the form of die-hard orations. We can expect the same kind of non-judicial oratory from Sen- ator Black Is This Judicial Temper? Does any one who has ever heard | Senator Black conduct an inquiry | believe that his is the judicial tem- per? When he snarls at some one, called, supposedly as an expert, to testify in the wages and hours hear- Aren't you an anti-New Deal- As though no man's opinion were ' Black to Supreme Court “Cheap.” promotion of Senator Robinson for | confirms those| ‘This appointment is not merely an | rational | con- | should | and have been proud of the presence | on the bench of Justices Brandeis, Car- | dozo and Stone. But Senator Black is | Appointment of Senator worth anything unless he shared the Senator's social and political views. What is the function of the Su- preme Court, and what qualities of mind and spirit should characterize its judges’ Let us not ask conserva- tives. Let us turn to eminent and famous liberals. Says Justice Car- dozo, answering the first question in his brilliant and beautiful little book, “The Function of the Judicial Pro- cess “The utility of an external power, | restraining legal judgment is not to be measured by counting the occasions of its exercise. The great ideals of liberty and equality are preserved against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, the scorn and derision which have no patience with general principles, by enshrining them in constitutions, and consecrating to their protection a body of defenders. By conscious or subconscious influence, the presence of this power, aloof in the back- ground . . . tends to stablize and rationalize the legislative judgment, to infuse it with the glow of principle, | to hold the standard aloft and visible. for those who must run the race and keep the faith.” Doubts Preservation of Ideals. Somehow I can't see Senator Black preserving great ideals against the erosion of small encroachments, or being consecrated to the defense of anything except his leader's policy, or [ infusing that with any “glow of prin- ciple.” And who should be chosen as judzes? Prof. Frankfurter approvingly quotes Judge Learned Hand, in his essay on | the Supreme Court in the Encyclo- pedia of Social Sciences “The spirit, and culture, and in- sight which should be possessions | |of a justice of the Supreme Court have been stated by Judge Learned | Hand | ‘I venture to believe that it is| as important to a judge, called upon | to pass on questions of constitutional law, to have at least a bowing ac- | quaintance with Acton and Maitland with Thucydides Gibbon and CRT-‘ lyle, with Homer, Dante, Shakespeare | and Milton, with Machiavelli, Mon- | tagne and Rabelais, with Bacon, | Hume and Kant, as with the books | which have been specifically written | on the subject. For in such matters | evervthing turns on the spirit with which he approaches the questions before him Men do not gather figs from thistles nor supple institu tions from judges whose outlook limited by parish or class'"” Highest Civilian Honor. | Appointment to the Supreme Court | is the highest civilian honor which | this country can bestow on any lof her citizens. Learning, humani | serenity, humility, love for principles and consecration to them—these are | the virtues which it ought to reward Senator Black's qualificatiofs arc ex- perience as a Police Court judge and unswerving loyalty to Mr. Roosevelt With all the promises of a better civil service, we have finally carried the | spoils system to the Supreme Bench, | openly and cynically. It's a sin and | & shame. is (Copyri term for which the same Senator o | Representative was elected or eligible | for nomination to any office in which the “emoluments” (which means sal- | ary, or advantages. or compensation) | were increased during the term of the Senator or Representative in ques tion. | The office to which Senator Black :hn.! been nominated is one in which | the “emoluments” have been definitely increased by an act passed only last | March. These “emoluments” included definite assurances with respect to | | etirement pay to all present members | of the Supreme Court | The principle is an important one to uphold. Congress, of course, has a simple remedy—it can repeal the statute of last March and then it can re-enact next January a bill of | retirement pay taking care of Justice | | Van Devanter. But the fact remains | that unless something like this is done Senator Black plainly is ineligible to become an associate justice of the Supreme Court (Copyright 1937 —— o Meisel Tire Co. 1738 14th St. 3059 M St. 1100 H St. . 611 Pa. Ave. S.E. NORTHWEST Blair Road Service Station | Blair Read & Underwood St. N.W. Buchanan Service Station 14th and Buchanan Sts. N.W, E. F. Clark Service Station | 4901 Wisconsin Ave. N.W. Dome 0il Co. 6925 Blair Rd. N.W. Engelberg’s Battery and Service 1783 Florida Ave. N.W. | C. F. Gibson 309 6th St. N.W. | Milton Kolodin Service Station || Harvard St. and Georgia Ave. | Parkway Motor Co. | | | W. 3040 M St. N.W. Potomac Filling Station 33rd and M Sts. N.W. Rogan’s Service Station 1100 New Hampshire Ave. N.W. Sheridan Service Station 6312 Georgia Ave. N.W. Standard Tire & Battery Co. 935 Pennsylvania Ave. N.W. McKeever Service Station Wisconsin Ave. and River Rd. N.W. NORTHEAST Bokaw Service Station New York Ave. and O St. N.E. 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This Changing World Neutrality Act Use May Hurt Japan More Than China in Conflict. BY CONSTANTINE BROWN. F PRESIDENT ROOSEVELT decides to proclaim a state of war exists between China and Japan the greatest burden of its restrictions may fall et first upon China, but if he goes further and invokes the power given 'him in section 2 of the act to forbid American ships from carrying a number of war materials, which he has yet to designate, Japan is going to suffer more than China, Simple invocation of the neutrality act will bring into effect an embargo on exportation of arms, ammunition and implements of war to either belligerent. In order for Japan to fesl the weight of the act the President must, issue a supplementary proclamation listing the articles which American ships must not carry to enemy countries or to neutral countries for trans-shipment. The Chinese have only a few arsenals. They are buying abroad the finished product: Tanks, airplanes, guns and rifles. These they can obtain from any European country. They may not get the best, but still, they will obtain serviceable war materials. Germany, France, Great Britain and other countries engaged at the present moment in a vast rearmament program are like fashionable Jadies, Last year's hats and dresses are no good. Tanks, airplanes and machine guns manufactured two or three years ago are considersd by military experts obsolete: these nations are delighted to find a purchaser for their second-hand armaments which otherwise would be used as scrap iron Thus Chiang Kai Shek, if he has enough cash money, can find many good buys on the bargain counters of the European armament markets. PR Japan, with up-to-date arsenals and a vast industry, is manufacturing all the war material she needs. She buys abroad scrap iron, tungsten, ore, cotton and other raw materials neces- sary for the manufacture of arms and ammunitions. The United States is her principal shopping center, not only because of its proximity, but also because we have enough raw materials for our armament program and a lot to spare. Consequently, if the American market is closed to her, she will find 1t difficult to find raw materials in Europe. England, for in- stance, has started a house-to-house campaign for scrap iron. Farm- ers are told to look around their fields to see whether they could not find some old plough shares or other such things. Not only will they help the country, but they would be paid a fair price. Germany and Italy have forbidden aitogether the exportation of any kind of material which can be used for the manufacture of armaments Sweden and Norway have sold their production of ores. copper and timber for about ten years in advance. The world markets have little raw material available for Japan. Consequently the enforcement of the neutrality law will hurt Japan much more than it will hurt China X ox % The American high officials in Shanghai will have a hard time to induce the citizens who own business in that city to get out and save their life. The instincy of property seems stronger than the instinct of self- preservation. | This writer witnezsed in 1922 a disaster almost similar to that | of Shanghai, when Smyrna was set on fire. The American de- { stroyers anchored in the harbor were ready to take on board the | American citizens who wished Po leave the city until order was re- | established. Many of them, the ouners of business houses, refused to obey the orders issued by the high commissioner, Admiral Mark Bristol. They preferred to iinger around the destroyed warehouses | and face dcath from machine guns and hand gremades, rather than ® seck safety in Constantinopte and Athens. Instead of welcoming the facilities placed at their disposal by the Government many of the business men were cursing out the “chicken- hearted Washington officials” who, in their opinion. should have sent a more imposing force to Smyrna and ordered the Turks to keep out of that town The American authorities in Shanghai are likely to encounter the same problems now. with the differ- ence that much larger capitals are invested in that metropolis of the East. Military experts are false Dprophets these davs: but until the are proved to be so. one might take their opinions for what theyv sre worth. They believe that Japan has bit- ten more than it can chew in China The Tokio government thought that Chiang Kai-shek would nake many gestures and indulge in bombastic war talk, but wouldn't wve his German-trained divisions against the Japanese forces It s for this reason that comparatively small forces have been sent over to the mamland. and 1t is also for this reason that once more the Japanese have repeated the 1932 mistake of trying to take Shanghai with bluejackets. Now the imperial government seems faced with a campaign on three fronts: In Northern China, in Shanghai and against Nanking. This means that the Tokio government will have to engage all its available forces against Chiang's forces bolstered by the inefficient yet numerous troops of the various warlords who generally side with the victorious party. If Chiang has only a couple of victories Manchukuo and Northern China will join forees with him to get rid of the Japanese domination INDIANA-ILLINOIS LINE DIVIDES 96-ACRE FARM |ache, but there isn't much to do about it because the 96-acre Kamna farm between here and Perryville Ind. is divided by the State line. Parts of the living room. Kkitchen By the Associated Preab. and sleeping quarters are in Indiana, DANVILLE, TIl.—The Fred Kemna |the rest in Illinois. Mr. and Mrs family eats, sleeps and pays taxes in| Kemna and their son. Richard, sleep Tlinois and Indiana. in Indiana: Marietta, the daughter. All of which sounds sleeps in Illinois. : COURT RULING like & head- Headline Folk and What They Do Safety of Americans at Shanghai in Able Hands. BY LEMUEL F. PARTON, HE safety of Americanz in 8hanghai 18 in experienced hands. Consul General Clar- ence E. Gauss, herding Ameri- can residents into the international settlement and the French concession, is an old hand at that sort of thing. He was in Shang- hai in 1928 and 1927, during the shooting and dis- order attending the rise of the nationalist move- ment, In the Btate Department for 31 years, much of this time in the Far East, he has seen a lot of dis- order and danger, observed that somehow life goes on, and becomes more philosophical as the years go by. He is a shrewd, alert man, pro- foundly informed in Oriental psy- chology and skilled in keeping every- body satisfied and out of troubles. He probably enjoys a bit of excitement, as he was once stationed at Addis Ababa. Mr. Gauss, a native of Washington, born in 1887, slung pothooks in the House of Representatives and worked his way over into the State Depart- ment. He was for several vears eon- sul general at Paris, transferred to Shanghai a year ago last February (Copyright, 1927.) Clarence E. Gauss Struck by Train, Walks. KENOSHA, Wis. (#).—8ophie Filipn- wicz, 13, of Russell, Ill, was struck by a passenger train here and lived to tell about it. 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