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” SUPREME COURT OF THE UNITED STATES. No. —, Original —Ocrosrr Term, 1937. Motion for leave to file a petition for an order requiring Mr. Justice Biack to show cause why he should be per- mitted to serve ag an Associate Justice Ex parte AlbertY Levitt, Petitioner. of this Court. {October 11, 1937.] Pree Curiam, The grounds of this motion are that the appointment of Mr. _psustice Black by the President and the confirmation thereof by the Senate of the United States were null and void by reasen of his hilitew onder Artiale T Gant; 6B Manes DO af tha Oanestitn ‘ineligibility BnGer Arte s, Section 0, WidUse 4, Gi toe VORstiiu- tion of the United States, and because there was no vacancy for which the appointment could lawfully be made. The motion papers disclose no interest upon the part of the petitioner other than that of a citizen and a member of the bar of this Court. That is in- sufficient. It is an established principle that to entitle a private individual to invoke the judicial power to determine the validity of executive or legislative action he must show that he has sus- tained or is immediately in danger of sustaining a direct injury as The result of that action and it is not sufficient that he has merely a general interest common to all members of the public. Tyler v. Judges, 179 U. S. 405, 406; Southern Railway Company v. King, 217 U. 8. 524, 534; Newman v. Frizzell, 238 U. 8, 537, 549, 550; Fairchild v. Hughes, 258 U. S. 126, 129; Massachusetts v. Mellon, 262 U.S. 447, 488, The motion is denied.