Show -- THE West Reveals Sentiment For 6Botli Sides SALT LAKE TRIBUTE SUNDAY MORNING They Lend Ear as Black Renounces KICK 2 wn-B- QcL2 UPV— Calls for his resignation and appeals that his record on the supremo court' be allowed to speak for itself mingled Saturday In editorial comment on ' the speech of Associate Justice Hugo L Black Quite a few editors simply wrote a stinging criticism of Black and his former membership in the Ku Klux Klan Some others said oth and his enemies learned about sentiment from the West this week The total of their gleanings is not likely to be set down in black and white but in various ways the new knowledge will be felt in the shaping of policies on both sides It will have a bearing on the new program Mr Roosevelt sends to Capitol Hill It will have sOhiething to do with the welcome that program gets Two—phase&-o- f th e presidential sampling of national feelings had pyticular interest for watchers on both sides of the fence in Washing' ton Mr Roosevelt learned that the men and women of the west are more concerned about bread and butter and maybe a little Jam than they are about what might lie atop the high mountains of judicial reform But nevertheless they gave him new tokens of his great popu- d he should- fold resign Still others adopted the attitude of the Columbia (S C) Record which said the speech of the former senator should be accepted and his deeds on the court be allowed to speak for be-an- themselves “It may indeed happen that as a burned child who dreads fire he may turn out to be champion of the bill of rights” that paper (aid At the other end ’'of the question stood the Rochester (N y) Times-Unlo- n with its: ‘Lacks Moral Courage’ larity In Wyoming he received evihe was still well liked But it was made plain in some spots the millions who listened to Associate Justice Black’s explanation of his onetime affil“Th conclusion Is inescapable that those senators who fought his iationAmong with the Ku Klux Klan none perhaps was more interested than F H Stinchfield retiring that a man to deficient in moral court reform plan weretnot disliked president of the American Bar association pictured here as he listened in with Mrs Stinchfield' because they did so courage is not fitted for the sw Particularly preme court bench Mr Justice was this true of Senator O’Mahoney Black ought to resign” of Wyoming who dared the president to snub him in his own home Representing still a third point ef view were those editors who town and came away with an injoined with the Washington vitation to ride on the presidential Star's: trqin And the senator was one of "He would be in better case to-those Who used smoking words Winter had he made it (the stateabout the court reform plan Valley ment) at the time his nominaOddly enough coming so closely tion to the court was before his U S Need behind Republican talk of a coalfellow senators for confirmation” ition between them and the A wide host of opinion surInstead Democrats pictures of round these views President Roosevelt and Senator The Cleveland News called him Borah of Idaho lit up many front (Editor’s note: This is the third of a series tracing the history "a disgrace to the court and’ a pages The senator from Idaho had Designed of the supreme court and the disputes that have been disgrace to the president whose wrapped said no nice things about the court around It) feckless action put him there” reform plan Nor is he a Democrat-HiCrop The Providence (R I) Star appearance with Mr RoosWASHINGTON Oct 2 (AP) — The agonizing winter that Tribune said “his lack of frank evelt in his home state betokened no ness is to be regretted” WASHINGTON Oct 2 UP)— Of- George Washington and-hi- s alliance of the two But- - both are troops spent at Forge during the Revolution had a powerful influence on theValley — thoroughly seasoned politicians The ficials of the federal surplus comof future the young Plea Christian Tolerance “ senator did not shut his eyes to modities corporation expressed con nation The Bridgeport (Conn) Times the fact that enough men and fidence Saturday the For it was there that John Mar- administration had done — passage Star recently inaugthought Christian tolerance women in Idaho voted for Mr shall chief of United the 'bill of the justice g “midnight judges" should "forgive the early klan program States from 1801 to 1835 became Roosevelt at the last election tr urated J937 That took place only three weeks Indiscretion on the score of pogive him that state's electoral vote will do much to stabilize prices convinced of the need for a strong expediency" And the president recalled that The litical one of the largest national government rather than a before inauguration day Anticipating The St Petersburg (Fla) Evewas intended to relieve the measure thfese same men and women like the loose — 10 of states confederation in last the years ning Independent said the statesenator well enough to send him apple crops His views expressed in a series supreme coprt of circuit duty redid not establish his fitback to Washington year after year agriculture department experts es- of historic opinions sustaining fed duce the number of justices fromsix ment ness for the court but it seemed timate it at 204000000 bushels com- cral powers collided head-o- n and establish six new cirto five with to dispose of the charge he was Stays Near Camp pared with the 1931-3- 3 average of those of his distant cousin President cuit courts with 16 judges liable to be intolerant Borah is not a man who blithely 118000000 — adThomas Jefferson said was bushels it Famous Opinion they The Milwaukee Journal put steps from one party to another vocate of state rights Even in 1912 he refused to bolt the too early to say whether purchases The result was While the furore over thisTegis-latio- n strong implications in the two cona dramatic was in full blast there was sentences: Republicans with Theodore Roos- a would be heavier than a year ago flict between the champions of two "Mr Roosevelt in "the supreme court litiga-tio- n evelt And In 1932 when quite filed thought he antithetical of theories Last Year Success government which produced one of the most ought to have six appointments few Republicans from neighboring states were waving flags for Franklfamous opinions ever delivered by to the court And Hugo L Black They called last year’s program Aide to Washington in- D Roosevelt the)senator was very successful and saidit had done At Valley Forge where the Arper the tribunal' It was the case of is what he did with the one aphe has had” out in the hills of"Idaho keeping much to ican troops suffered severely (fpj q Morbury vs Madison which estab pointment The- Philadelphia Bulletin said keejirices frpm plummet- lack VSTy ’quiet food clothing and houses llstiifed that the court could pass upon of Nob has he joined ths forces of ing lower thSh they did to keep them warhi Marshall was the constitutionality of acts of con the appointment ought never have been made The Evening Ledger But his apstate received kn aide to General Washington the president sine every Practically grass at a William Marburyof Washington there added that his critics would The young soldier observed the pearance with Mr Roosevelt were from the relief corporation apples doubt that his character had been time when the Republicans last year when 4246 carloads of 1935 unsuccessful efforts made by Wash- D C to filed the petition in an ef- changed since he belonged loathe fort to of compel trying to snipe Democratic stragand other leaders State Secretary distribington and were prevail reco- apples purchased to deliver a com- klan glers served to sharpen the uted among relief clients who other- upon the states to furnish the badly James Madison llection of Republicans that they as justice 'of the peace The Tragic Offense’ mission needed able to not been supplies would have still have quite a few voters who wise Marshall was convinced that a commission had been signed by afford the fruit The Kansas City Star called his in the last several elections have were made in strong national government was John Adams but had not been Heaviest purchases were ticket "a tragic offense which they over to Marbury when the appointment turned welfare forgotten essential for the of future ofIdaho and Washington Oregon the American people" against — Supposed to vote one the could term act that comat president's states outgoing said the natipn three ficials expired The Richmond ' (Va) News All was not gifts from Santa the nation's chief apple pro- quickly and with authority in emer- midnight March 3 1801 Leader thought: r Claus that the president took west prising region been returned to the office had gencies "The specter of a white hood with him He predicted at Bonne- ducing Born in a Virginia log rabin on of secretary of state for delivery babe amid would black the Other States gowns of the ville that the budget what was then the national frontier But in the rush that court will not down" lanced next year That would rehad been chore Marshall his Misobtained formal overlooked only Montana Utah California StrangeThe New York Sun said the quire sharp trimming of expenses souri Illinois Ohio West Virginia training in law during six weeks ly enough the secretary of state was ‘ And he signaled that this was fis-in speech should "morally disqualino than at less William and Marshall were John college He spent and Mary Michigan Pennsylvania had continued in that office tem- fy" him for the place prospect Back in Washington other states in which the fruit was Falls in Love ' The cal officials were talking the sajne bought Chicago Daily News porarily after becoming chief jus How much law he millions would not learned sort of language thought tice actually forget So far the 1937 purchases have “this sole tangible accomplishUp on Capitol Hill Senator Byrd been confined to Idaho Washing- during that period is problematical “ Act often for at the same time he was falling Repeal ment of President Roosevelt's atof Virginia a Democrat who observed ton West Virginia and Maryland Soon after this litigation was tempted liberalization of the says what he thinks its pur- in love with Mary Willis Ambler makes The corporation started on its eventful coursel in crisply that the only way to stop chases on the basis of surplus as it daughter of the state treasurer He must have done pretty well December 1801 the Jeffersonians The Baltimore spending money was to stop writing appears on local markets and does Sun with both occupations however decided the time had come to 80 said he had tried toEvening checks slip into the f not allocate its purchases in pro- for in two was he months admitted about the something supreme court without letting the Court Dispute portion to state production to the bar and a little later married judges" bill They passed "midnight a law re- unpleasant facts be known The quiet that settled over the Miss Ambler it pealing court reorganization plan after Mr Marshall rose rapidly In his proThen knowing the constitution- See Unfitness Roosevelt's blast from the foot of Movie Stars May Have fession 1788 in while and 33 of this action would be chat-only The St Louis J?o§lJ2iabatch ality Constituon monument Washington -- electedIn thf Courts they went even Thought it convicted him of unlenged a broken was report by tlon day convention that tte ratified further They abolished all ses- fitness ginia from the judges themselves after a bitter ar- sions of the supreme court for 14 The New York Post said his Oct 2 (iPI— The new constitution Chhrf Justice Hughes reported WASHINGTON ' months That gave them until Febr resignation would be best for the of senior International Association for Iden- gument that the annual conference him Adams 1803 President John sent to strengthen their ruary Saturday circuit court judges found a need for tification recommended New York World Telegram of movie stars for to France as one of three commis- forces four new circuit and 12 new district fingerprinting aid to to differsioners attempt There was plenty of activity when thought his defense "too damned adjust in possible kidjudges to speed up judicial decisions identification ences that with country jSoon after the tribunal 'reconvened after the clever” He added that it had asked for four naping and extortion cases Involving his return he became a member of long vacation The Boston Traveler said it was new circuit judges a year ago but them house national the of representait brought a deluge of critan insult and threat to every to this voted First convention urge The it nothing had been done about Adams appointed him icism upon itself upon Will Hays motion tives thenof state and by ruling in the American and added: But he said there was not just precaution secretary finally chief Marbury case that it could issue a “To pry a man loose from a czar ground for general criticism of the picture $20000-a-yewrit of mandamus tu a cabinet memWilliam C Gordon Kansas City justice job Is not always district courts ber acting under instructions from easy What do you Mr President Some said that the report was an was elected association president 45 Y’ears Old think of it?” Arthur H Muchow attack upon Mr Roosevelt’s court succeeding Marshall was 45 when the ippoint-men- t the president That'Was the 7 But the Little Rock (Ark) in Sioux Falls S D ColumbuarOhie was principal It plgnlfK others 1801 that was 30 on directly made plan! January said: line with what he had record was selected for the' next conven- Most of the federalist leaders want- cance people of that day saw in Democrat “It was a straightforward contion It was mended ed Associate Justice William Pater- Marshall's famed ruling and In the midst of the talk the court son advanced to the high post But viewed by the Jeffersonians as an fession without apologies was firm and the senate attempt by Marshall to interfere" should close the Incident” Adams “Was getting ready for its new ses- Two ’Quakes Felt Hugo sion which ’opens Monday confirmed Marshall' a week after with the president’s authority New York Herald Tribune (Rewas nominated L Black the new associate justice he ther 2 YORK More Significance Oct NEW publican): “Mr Justice Black's came back from Europe with a J J Lynch of Fordham univerporin his new ensconced Firmly Lat’er more Significance was at- whole conduct since the charges retight smile and no words He that sity reported Saturday the seismo- tion Marshall's first official act tached- to the part of the opinion of klan membership were brought served hie talk about charges the was an earthadministering presidential sustaining the judicial power to abgraph there registered against him has been that of a he was a member of the Ku Klux quake of moderate intensity Friday oath to Thomas Jefferson cbward He has now added congressional legislation rogate Klan for a radio speech were T 2:39:18 Not at a S and the E afternoon Jeffersonians Many lawyers only that the chief the vice of hypocrisy to his recsay m E second shock S the federalists at at 2:50:32 for placing angry p ord of evasion Crisis in Orient It is now opinion went far beyond T The center of the disturbance Marshall on the bench but they justice’s what was necessary to decide the for President Roosevelt to speak At the state department a note be to 65QO else resented Adams miles the away something The country has been patient and (Continued on Following Pice) was received from Japan in reply appeared to the protest Secretary Hull had made against the bombing of NanWeed-Groi- m king It was very polite but bore no hint that out of deference to the feelings of the United States WASHINGTON business trip His body wag sent family burial plot Even the fence Oct 2 UP)— tance away Washington brought Japan would cease bombing the On a back to the big house at Bel Air that once surrounded the'' plojhaa Virginia hillhis bride there to spend the night Chinese capital " a side wifh hunk of unmarked neat Dumfries Virginia for burial vanished' as they traveled to her new home Secretary JJull already had made 'rock at one end and a clump of In the A few weeks ago’ a W F A at Mount Vernon Colonel Charles family plot of his wife’s It clear that the United States felt stubborn saplings at the other lie people Ewell II lived there then- He had worker searching through ViNations 'much like the League of oif 'Parson Weems the But as time went on the Ewell rginia records came across a diabuilt the house about 1740 His aid when that agency - wrote Its the bones son Colonel Jesse Ewell was a pamphleteer who and the Weems families departed gram drawirUp by one of those condemnation of the bombing of penned the story of 'Washington from Bel Air" The old home where who was' at the funeral of the classmate of Thomae Jefferson' noncombatants and the cherry tree George Washington and Thomas parson It showed the location of at William and Mary and JefferJeffersdn had visited fell into the grave" And the witness gave son often visited there Friday was the 178th anniver' other hands sary of his birth but save for oath that it was the correct locaSoviet Executes Fanny EwtllLthe daughter of — a few descendants no more notice Now the water streams dawn tionBut what was ence xTHoub Jesse married Mason Locke r i-2 The MOSCOW pet was taken of it than has been the grand staircase when it rains of earth with gravestones at either Weems-Sever(UP) years before she n aoviet purge of grain “wreckers" taken of his and only those with a deep ingrave end is now a sunken bit of ground married tiim he had taken to continued SatUTday-witthe exec- for these many years terest in things historical ever with an upthrust tone t one end the road as a bookseller ution of four persons by firing squads For quite a long while no one trouble the duiet of the mouldering But he was no ordinary book littered with leaves antf'Under-brus- h In the Tulkubass district of the was certain where ftis' grave lay mansion Vandals have taken seller He had becntrained first Kazakhstan republic He died in South Carolina on a The old house stands a little dis away the headstones from the for medicine tired of that and All along the line dence that 1 U The Supreme Court S Expects To Uphold Apple Prices Forge Justice of Government ’37 Buying Program to Protect Large s da Convinces Chief for Strong of Confederation ' -- apple-Tiuyin- - It last-minu- te -- Fingerprints i ake ar ' (Ab-Fa- weed-grow- n - book-selli- Four ' al weed-strew- h : four-mon- to-pl- eight-mont- (indepen- - newly-create- ' The Raleigh News and Observer "Most Americans will be prepared to forget a klan membership six years behind senate service devoted to the welfare of all the people white1 black Protestant Catholic Jew It is too well known that many essentially good men foolishly aligned themselves with this now fortunately defunct organization” (Dem): file Disputes Black’s Speech Pending greatest Pending disputes terest the legality strikes the constitutionality Sets Off and granti government of involve in of forloans owned hydro - electric plants several new challenges of the Wagner lhbor relations act and validity of the 1933 "truth in securities” act and the 1936 statute broadening federal regulation of commodity exchanges In traditional manner the justices will open the new term Monday by donning black robes and marching solemnly into the courtroom through three crimson-drape- d of publicly Wordy Battle Alabaman Prepares To Assume Seat Despite Outbursts (Continued from Page One) entrances periaU wizard saying BIack would 'make a great judge” remarked he had been "trying to tell folks that membership card didn’t mean a thing” He referred to life membership card which Black said he never used and did pot keep ' ' - )( Courtesy Confirmations Expected To Cease By KIRKE L SIMPSON WASHINGTON Oct 2 UP) — Whatever other results are to flow e from the now admitted membership in the Ku Klux Klan of Mr Justice Hugo L Black of the supreme court senate "courtesy" confirmations ofjts own members nominated for the bench or almost any other government post except in the cabinet are on their way out Whether by a change of senate rules or merely revision of senate custom the Black-kla- n episode fore shadows to the minds of most Washington observers as complete an extinction ' for courtesy confirmaexecutive ses tions as closed-doo- r sions of the senate to consider nominations or treaties have already suffered Compronilse Proposal Wrangling among American Bar association delegates over what to do about the Black case produced a compromise proposal that the senate be asked to provide every fed- -' one-tim- be subjected to public hearing scrutiny in committee The (suggestion opens opportunity for senators who voted for Black’s confirmation but have since declared they would not have done so had they known he was ever connected with the klan to square themselves with antikian groups of constituents td some extent Fhey will be quick to seize it unless onlookers here misjudge the situation Ever since popular election of senators replaced yieir selection by state legislatures that body has y been even tnore-quickl- sensing to Average Age The average age of the justices is now slightly under 69 compared with a shade below 72 before Bldck' wis appointed to succeed Justice Willis Van Devaoter who retired last June 2 Approximately 300 persons can be seated in the courtroom Those present on Monday will see the following justices if ail are present seated from left to right as viewed by the spectators: Benjamin N Cardozo Democrat who leads his colleagues in supporting Roosevelt administra-tio- n legislation Before his appoint- ment by President Hflover in 1932 he was chief judge of the New York court of appeals A bachelor Harlan F Stone former attorney general and dean of " Columbia university law school Went to school at Amherst with Calvin Coolidge Coolidge named him to cabinet and to the court A Republican he hae been one of the leading supporters of new deal legislation Justice Sutherland George Sutherland Republican who one time was United States senator from Utah Only foreign born (England) member of the tribunal Appointed by President Harding Wears a beard Voted for new deal legislation 11 ' against it 19 James C McReynolds Democrat and attorney general in Wilson cabinet who has led his colleagues in opposition to Roosevelt administration legislation Wilson named him a justice A bachelor Charles Evans Hughes chief justice and former secretary of state governor of New York and Republican nominee for president in 1916 Served as associate justice of supreme court from 1910 to 1916 and resigned to make the unsuccessful race for president -against Wilson “Appolnteff chief justice In 1930 by Hoover Has voted for" new deal legislation 18 times and against it nine times Has a beard Justice Brandeis Louis D Brandeis “liberal" and oldest ihember of the court His appointment by WUson in 1916 caused a senate battle over confirmation A Demo- public opinion shifts than the house Senators have to reckon with state wide public reactiqn not merely of a particular congressional district Antagonism to closed door executive sessions of the senate was long brewing before an incident came to stir the senate to action under the whip of public demand This waiter can recall hearing the late Senator Lane of Oregon during the first Wilson administration describe ex- crat Pierce Butler Demoecutive sessions es “the rat holes down which the rights of the people crat who has voted for new deal Jaws 10 times and against them 17 slip” times Appointed by Harding in five-mont- 1922- 9 turned to the ministry becoming one of the first Americans' to be ordained and admitted to the after the Episcopal priesthood revolution ' He was an accomplished story feller and had a fluid imagination to pour over the stories that he 'gathered in his travels ' Many of thesehe brought together and published in the tracts thj sold For he delivered his counsel against evil not only from the pulpit but through his pamphlets And these had a wide sale He traveled first by foo4l then by wagon from New York to Geot- - Favors Laws At the present time the court has voted for administration legislation 16 times and against it 11 times Prior to last October how ever the count was two for and 11 against Last term following President Roosevelt’s overwhelming reelection the court sustained administration legislation in 14 straight cases Not once did it deliver an adverse opinion in a major dispute Whether the presidential election contributed toward that result has produced widespread speculation Litigation involving eight new deal laws already is pending before the tribunal and more controversies art on their way from lower courts In all more than 450 cases are on Returns Justice McReynolds from Europe for court opening ' broadcast does not improve his He position in the slightest says he is strong for all the guarantees set forth in the bill of rights But he joined the klan and he does not explain what prompted him to do so “Most of all he does not say why he remained silent while members of the senate were raising the question of his klan conHe knew- - that if nections he admitted what he admitted in his broadcast to the nation that his appointment to the supreme court would not in ait probability be confirmed He valued this appointment more than he valued his honor” 2 OP)— Re- th Roosevelt - renews- new members on the tribunal ip order to obtain decisions jnors satisfactory to him term h During the new starting Monday the court will be watched closely for an answer to the question whetherit will continue to sustain new deal legislation— as it did last term— or vote against a large number —of Roosevelt administration laws as it did before the beginning of last term dent): Regardless of the present views he holds and his affirmation of faith in the principles of racial and religious tolerance it is a deplorable thing that a man who has ever taken the oath of allegiance ip a sinister and destructive Organization should now take his place on the highest court of justice ih this country The nomination was a tragic blunder” d "Hugo L Black justice of the United States supreme court last night made perhaps as good a plea in his own ‘defense as could be made under the circumstances But it remains the plea of a man who was caught with the goods” Cleveland Plain Dealer: ” His public repudiation of his former colleagues comes too late to justify his acceptance now as a member of the supreme court He goes tagged to his judicial post He ought to resign” The Newark (N J) Ledger: "Hugo L Black made just as serious a mistake when he joined the supreme court as when he joined the Ku Klux Klan He resigned from the kian to maintain an appearance of decency He should resign from the supreme court to attain the substance of decency" 'Contradicted Self Los Angeles Times: "He uttered words in conflict with established fact And he managed to contradict himself damn-ingl- y 'His prefatory statement concerning the importance of religious freedom and the inviolability of the guarantees in the bill of rights was well enough and could be considered forthright and proper if his sincerity was not open to question" Boston Herald (Reph "As evidently he (Black) does not' intend to resign the nation can only pray that the man who now sits on the supreme court is the Hugo L Black who spoke on fhe radio Friday night and not the Hugo L Black of 1922-2- 6 whom the voice so pitilessly revealed" No Explanation Hartford Courant (Conn) Oct WASHINGTON vacation freshed by a members fit the supreme court were ready Saturday night to grapple anew with the legal complexities of adlitigation involving Roosevelt ministration laws Their attitude toward those statutes may determine to a considerable degree whether President -- Boston Post (Ind Dem): “One who hssociates with bigots bids for their support takes the bigot’s oath and then is so craven that he allows his friends in a crisis to deny it all can’t clear himself by asserting it was all contrary to his eal character "Justice Black has pleaded guilty Had he made this admissions before he would neither have been appointed nor confirmed Thus he gained one of the highest positions in the land He should by false pretenses resign” ‘Caught With Goods ( High Tribunal Ready To Grapple With New Deal Statutes tioq “It does not abolish the record --- of h i silence hi ' want- fea n — dor and his apparent lack of due sensitiveness when the klan charges were made during the debate on confirmation” Deplorable Thing New York Times I Start of Court Term ready to believe that he acted knowlhastily and without due ‘ edge" Des Moines (Iowa) Register: "Justice Black’s address was the best statement he could have made under the circumstances It is of course only jnaking the most of a bad situa- -' Grave Holds Bones of Creator of Famous ‘Cherry Tree I Ends Vacation Capital Awaits Nation’s Editors Condemn Laud Black’s Stand WASHINGTON Washington Oct President Roosevelt OCTQBER 371 837 Comment Varies' From Stinging Criticism Of Justice and Sweeping Demands For Resignation to Pleas for Acceptance President and Foes Get Some Ideas About This and That X Paul Had practiced Jaw in St ' Owen J Roberts Republican named by President Hoo--vafter senate rejected nomination of John'' Parker of North Carolina a federal circuit judge Government prosecutor in celebrated Teapot Dome oil cases Youngest member o! court in age prior to the appointment o( Black Has been on the winning 'side in every new deal case and frequently cast the deciding vote er One such pamphlet wast "Tiie Drunkard’s Looking Glass reflecting a faithful likeness of tho drunkard in spndry very Interesting attitudes with lively of the many representations strange capers he cuts at differ? ent stages Of his disease as first when he has only a ‘drop in his shaved’ third when he is getting ‘a little on thestaggers or so’ and fourth and fifth and so on till he Is ’quite capsized’ op under the table with the dogs’ and can ’sticft to the floor without holding j crat whose appointment by President Roosevelt and allegations that he had Ku Klux Klan affiliations preci'plt’ated a bitter controversy Was senator from Alabama when named He was Mr' Roosevelt's first appointee to the high tribunal -- i - I A L |