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Hugo Black — Part 2
Page 96
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CURRENT BIOGRAPHY [3
nical incompetence and went on further to
say that Black's legal training and experience
had been revealed as painfully unequal toe his
position on the nation’s highest tribunal. Fis
opinions, he stated, often had to be rephrased
by colleagues to conform to Court standards.
He himself had been unable to carry his
share of routine work; his presence had been
“an acute discomfort and embarrassment” to
the other justices. Raymond Clapper collab-
orated this in his newspaper colina, and the
Daily News went so jar as to say that Se-
preme Court members “had hitched up their
tudicial robes and in dignified fashion were
in the process af putting the slug on their
colleague.” Denials then flooded the pages
of newspapers, iiagaziies, law periodicals.
Walton Hamilton, professor of Jaw at Yale,
said Black had “courage almost to the point
of audacity,” praised his “eminently lawyer-
like opinions" and = prophesied that Black
would be “an outstanding firure im the his-
tory of the court,” for he “brings a breath
of fresh air into a rather musty courtroom.’
Harold C. Havishurst of Northwestern Uni-
versity supported Hamilton, insisting with him
that the dominant distinction between Black
and his fellow jurists was his “insistence upon
reality.”
The controversy died down it the course
of time, even though in 1941 Justice Black
is still a frequent dissenter. Some of Iris
decisions have been notable: in February
1940 he delivered a decision, freeing four
Negroes wie under torture had confessed to
crimes, which was ecallknd “far and away the
most direct, sweeping and brilliantly written
application of the 14th Amendment te hu-
man fights that has come from our highest
Court”; for this and for another denouncing
the exclusion of Negroes from trial jury
panels Black's name was added fo the Honor
Roll of Race Relations by the Schomburz
Collection of Negro Literature in the New
York Public Library in 1941. Later, in April
1941, he voted that Negroes had a right to
receive oeqnai fram accommodations with
whites.
Tn February 1941 Black had the trump:
of participating in a Supreme Court decision
certifying the constitutionality of the child
labor provisions of the Wages and Hours
Law which he had helped to get passed. Tn
that same month he vigorously protested a
Felix Frankfurter (see sketch June issue)
decision upholding the right of state courts
to issue injunciions agaiTest picketing “set in
a background of violence.” Somewhat re-
moved from these cases was his opinion in
March 1941 outlawing agreements by which
manufacturers of hats and dresses sought to
eliminate style “piracy'’ by registering new
creations and penalizing anyone copying the
designs.
There are many today who believe that
Black is a “legislator among judges’; many
who now agree with Walton Hamilton’s sum-
ming up of his decisions: “There is no verbal
dispiay of priestcrait, no struiting of the
higher pyrotechnics, no triumphant victory
over difficulties of the jurist's own creation.
_Instead a recitation of the facts, a sharp def-
inition of the issue, an argument that turns
hot to right or left but marches straight to
its goal—and the trick is done. All the CASES
are disposed of deftly, simply, certainly, in
accordance with justice and commun sense,”
Black, who was onee a great joiner, former
Grand Chancellor of the Knights of Pythias
of Alabama and member (to his later sorrow)
of almost every organization that asked him
to join, doesn't go out much now except on
family jaunts with Mrs. Black and their three
children or to spend an occasional evening
with a fellow justice or an Administration
i He distke. games and drinking and
is S repotte d to be happiest when reading works
on history and economics at home.
References
Atlan 163 :667-74 My 739
Newsweek 2:17 N 1b °33 per: 7:21 Mr
i+ "30 por; 10:7-9 Ag 21°37 pours
R of Rs 89:18-20+ Ap '34 por
Scholastic 24 19 My 5 ‘34 por; 27:25
S 21 '35 p
Time 26: 14. i Ag 26°33 por (cover):
30:10-11 S 27°37 por
Univ Chicago Law R 8:20-41 1) ‘40
Lierner, MM. Ideas Are Weapons p254-66
1939
Who's Who in America
Who's Who in Gevernment
Who's Who in Law
Who's Who in the Nation’, Capital
lrouzes, STEPHEN (hdls} Tune 23, 1872
—Tuly § 1941 Repoldican Representative in
Congress from Wiscousin; foe of New Deal
and the La Follettes: veteran newspaper edi-
tor who had been a journalist since 1890.
R
av eferciices
Who's Whe in America
Who’s Who in Journalism
Obituaries
oY Times p21 Jl 9 41 por
leowers. CLAUDE G(ERNADE) (ban'-
érz}) Now, 20, IR7R8C7)- United States Am-
bassader to Chile; historian
Address: Department of State, Washington,
ae
In the fall of 1939, when Claude G. Rowers
sailed for Chile to become United States Aim-
bassador there, it was with the hope that he
would “be able further to centribute toward
the mutual understanding and growing feel
ing ef our friendship not only with Chile
but all South American republics." " Ambas-
sador Bowers is far from being the usual
eareer diplamat, Until 1933, when he was
appainted Ambassador to the Spanish Re-
public, he had been knewn as a “newspaper-
man, editorial writer, historian and speech
maker.” An authority on Jefferson and on
Jackson, he has also been called “the greatest
jiving practitioner of what for want of a
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