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e ome, Lone i aaoN , —— ham It was rather a “question of judgment as to sound judicial policy,” he de- clared. DECISION IN QUESTION ; , Mr. Jackson recalled that when de- | feated liliganls in the coal ease re- quested a rehearing last. year and asked that Mr. Black be excluded from par- ticipation because of his past relations with the opposing attorney, the court argued about the decision to be ren- dered. oo > All agreed that the petition should be denied and that there was no judi- cial power to disqualify a court mem- ber. Mr. Jackson wanted the deciston tie ta so it would sel forth clearly penny f MR, BLACK | Tn stony Silence the faet- ibal allho the court was unanimeus in denying a rehearing, it wasn't unaninious on the question of Mr. Blacks participablion under the! Ieivcumstoners He said Mr, Black SRE ie 7, i %. gE ge. B % eg ~ FANS Mr. Ratledre Lined up for Justice Black wanted “a simple denial which would net draw attention to his participation )or the other circumstances, “There may be those who think ft quite harmiess to encourage the em- Mr. Murphy Mr. Reed Mr. Dougtas Se Congressidnal Yeaders believed that lf Mr, Jackson had any intention of Jeaving the Court he would have sub- nitted a resignation, along with hia formal statement. Former Senate col- leagues of Justice Black likewise doubted that he would quit under Lire, His slatus appeared to hinge prin- tipally on the gravity with which Con- gress views Mr, Jackson's charges. nt high ite these stories of ‘Ploymeni of 4 justice’; former law pertaers to arpue close cases by smoth- ering the objections which the bar Makes do this practice.” Mr. Jackson said, “But tomy view such an atlilude would soon bring ‘the Court into dis- repute.” His statement also indica ted—by ref- rence to “my future work on the Court’ —that he has no intention of resigning now. in high feuds cease ta be mysteriously and ir- respousibly sei out and that Congress had the facts.” he said. If any impeachment procedings do a : “| . ‘ Dee . “ NS ees " wy a bee ae a +, Mr. Roberts Mr. Frankfurter On Jackson's side result from the affairs, it would be thre cumbersome machinery provided in the Constitution. Impeachment pro- ceedings agaonst a Supreme Court jus- ‘tice must be initiated by the House and tried by the entire Senate. Only once has impeachment action been taken againal a member of the High Hourt. That was in 2803 when Associate Justice Samuel Chase was accused of misconduct in the trial o persons charged with yiolating the se dition law. He was acquilted by th Senate after a trial that lasted fro Nov. 30, 1804. to March 1, 1805. ee