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——ee nome Ervin Didn't Have a Single Question At the Fortas hearing, chairman Eastland asked Ervin if he had any questions for Fortas, “No questions,” replied the Senator, Eastland also was most solivituus of Fortas, An anti-Portas witness, Mrs, Marjorie Shearon, had charged that Fortas once had been « member of a Communist-front organi- zation. Eastland put some follow-up questions to Fortas in the most friendly way, designed to knock down all suggestions that Fortas, at any time, ever had his [oot in the wrong door, intentionally or unintentionally. During the present Marshall hearings, this generosity has not been displayed by Eastland towaril the court nominee, Instead, the chairmah said at one point that “I don't want to give the impression that you are a Communist or anything like that,” but it was never- theless unfortunate that Marshall, while a Court of Appeals judge, had cited in an opinion a book by a known Communist. It cevtainty could never be imagined that Eastland, during the Fortas hearings, would have put the same question that he put to Marshall yesterday. That questicn was: “¥ou will give the same fair, square treatment to the people in the South as in other areas?” ~ A Message for the Folks at Home There is a valid and honest explanation for the way Southern members of the judiciary group have badgered Marshall in contrast to the way they embraced Furtas. Hf they would only not phony up the situation, they could be deeply sympathized with. There is a difficult political problem for these Senators. It centers around the reaction of the folks back home to the Marshall case, As a Negra, he symbolizes the civil rights cause. For a Senator to openly support Marshal could be the equivalent of committing political suicide. Therefore, it behooved the Deep South members of the committee to take the lead during the hearings with sharp, if not insulting, interrogation of Marshall. And toss out such delicate queries as: “Are you prejudiced egainst white people from the South?” At the same time, while they must protect their political fences back home, they cannot in this instance either filibuster against, or otherwise pigeonhole, the Marshall nomination, To do so would only get them in bad with the President who, they well know, figures his appointment of Marshall could help the party nationally in Presiden- tial 1968. Moreover, to thwart the White Honse on this top-flight judicial anpointment could bring real retributions—toss of control of those District and Appeals Court judgeshins hack home, Sa, the Marshall nomination will he sent to the Senate for con- firmation, Southern Senators generally are anxious for a little parliamentary sku!lduggery at that time also. They don’t want to be foreed to record themselves in a roll call vote. Confirmation sort of beacclamstion, as in the Fortas instance, would be politically perfect and probably may he expected. i