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12 BLACK, HUGO—Conttuued undertakes to refresh the memory of a squirm- ing witness.” The disclosures of the Black committee were startling, Contributions from taxes, it was proved, “in great part found their way into the pockets of profiteers, stock manipulators, political and powerful financial groups, who never flew a plane, who never invented an engine, who never improved an airplane part, Huce subsidies paid by the gor ernment to build up a merchant marine have been diverted from that channel and have Leen largely spent in igh salaries, extravagant ¢x- pense accounts, highly paid lobbyists and huge dividends.” After “almost singlehandedly saving the Ad- ministration from defeat” in the Utility Hold- ing Company fight of 1935, Black went on to stir up even larger headlines as head of the Senate Lobby Javestigating Commitice, This work wasn't new to him, for the late Senator Caraway of Arkansas had asked him tu become a sucst on his lobby conmunittee back in 1920. Black plunged in with enthusiasm; not long afterward he was accused of violating the Fourth Amendment and severely taken to task by the District of Columbia Court of Appeals. He had ordered the Postal Telegraph and Western Union Companies to comb their files for all wires which smacked of high pressure lobbying methods and later had subpocnacl the complete telegraphic correspondence ai more than 1,000 specified persons and groups. More than 3,000,000 wires were piled up, and with them the wr ath of the newspapers, those being inves tigated, the public and the courts. Black's féjunider was to cali it ail “a gross and malicious campaign of misrepresentation,’ During Black's last year in Congress he drove the Wages and Hours Bul through the Senate at great risk to his own political neck, for his sponsorship aroused violent reactiens among Alabama employers who would have made a determined cffort to defeat him if he had run fer a third term. Every weckday, in office hours from 10 to 2 and on Saturdays from 10 to 1, he met his constituents. Between sessions he rented a heuse in Barmingham and traveled around his own and neighboring states on speaking fours. But all this came to an end on August 12, 1937 when President Roosevelt nominated him for the posilien of Associaie Justice of the Supreme Court. Senator Ashurst asked for the Senate's unanimous consent. Senator Johnson objected, and a senatorial precedent to confirm the nomination of any member to office without reference to committee was shattered, Ob- jections Aew. Emphasis was placed an the fact that he was a partisan litigant rather than a calin, impartial weigher of opposing arguments; on his lack of judicial experiences. Senator Henry Cabot Lodge, Jr. found lum insufficiently “tolerant, liberal and judicial m his view of the religious faiths and racial equality of his fellow citizens”, Cosson cal called the President's choice | ‘an unfortunate impulse of the moment”: fellow Senatcr- brought up legal technicalities against his ap- pointment. Only the liberals and Jiberal maga- zines like The Nation, which once called him CURRENT BIOGRAPHY 46 ‘a passionately sincere homanist guided throughout by his understanding .cf the fun- damental truth of the new militant liberal- ism,” apptauded ‘the choice. Yet Black re- ceived his commission and, unknown to the public, on the same day teok his oath as As- sociate Justice. Then hiv sailed for Europe. less than a month iater Ray Sprigle, a reporter for the Pittsburgh Post-Gazette, wrote a series of six articles for that paper and the North American Newspaper Alliance in which he showed that Black had joined the Robert FE. Lee Klan Number One, I1- visible Empire, Kouight. of the Ku Klux Klan on September 11, 1923 and resigned on Juiy 9, 1925 on the eve of his campaign for the Democratic nomination for United States Senator: that he had been welcamed back and made a Hfe member on September 2, 1926 and given a vold “griscl passport.” “Phe out- cry was almost umaniieus. Ulack had “be- trayed” Roosevelt, ait was said; the whole was “a deplorable episale without precedent or paralicl ino the histor, of this Kepublie’; and Hugh Johnsen assets “What diffcrence does it make Gf Huse Elack is a uniformen Kluxer? 20.0 It was plaur from his reco: that he is a born witch burner—narrow, preju- diced anc class camscous.” Hack had his defenders, however. The Nei Aepublic ex- plained Diack’s joinieg of the Klan as te error of vears back, siamporGuit tedayy Max Lerner callecl it “simints a piece of poliued behavior,’ necessary for his clection, and stated firmis: “Hueeo Biack i, no Klansman. Everyihing that he La- stood fur mi tis vi years in ilit Senate fumis cower da whet the Klan has stood for.’ Black hinsel said onahing from abroad and Roosevelt told the press: “Lo know enis what {oo have read in uk papers.” Blk ie- turned to explain bis actions in a radio specch It began with a discours. on relipious Her: y and coutinmed: “IT did) join the Klan. T lavt resgned, Yo ouever rejoined. 2.0] have never considered and do net mow consider the un- solicited card given ws: me shortly after tsa nomination te the Sevate as a membership ef any kind in the Ki Klux Ki wn. To never used it did heey tl Black tou nis seat on the Supreme Court. his first offciah act te dear two -eparate bxit similar mations wheel challenge! dite right to the office. Tt was expected that from then on Black would go slowly, give himself a chance to meliow He didn’t. Although the cases assigned to him an his first year on the Court were sinall in: miober and oarrew in issue, hie managed te distinguish himsclh as a doud, histy amd lene <lissenter. di less iar. meht montis on the bengh Tte bad given out not gyn thirteyn odiesents. This was haded bw the New Ropaitic as asin of bheralism: bs the date Paul Wo Anderson as revealing an attitude chat “may well guide tee Court out of the ietaphysical wilerness into which, it has wandered.” Marquis Childs, hewever, stated in) maga- mane articles that Black’s dissents were notable less for their diberalinni than for Uheir techie / . . “y