U.S. SUPREME COURT

Hawke's Bay Herald-Tribune, Volume 81, Issue 52, 24 November 1937, Page 5

U.S. SUPREME COURT

Effort to Unseat Judge (Beeeived 24, 8.45 a.m.) WASHINGTON, Nov. 23. 'Judge Levitt has sent a letter to the Senate Judiciary Committee requesting the introduction of a Bill directing the Attorney-General to bring legal proceedings against Mr. Justice Black and also to give tlie Supreme Court exclusive jurisdiction to try the case. The Supreme Court Tejected another petition to-day asking for a full investigation of the decision concerning Justice Black's right to sit. It was brought by other parties, When Mr. Justice Black took his seat on the Supreme Court Bench on October 4 he listened to the presentation of a motion by Judge Levitt, who was formerly Assistant Attorney-Gen-eral5 seeking to depose him on the ground that while a Senator he increased the emoluments of a Supreme Court justice, and also on the ground that there was no vacancy on the bench. A petition by Mr. Kelly, after virtually duplicating the grounds of Judge Levitt's brief, questioned the legality of the Summers-McCarren Act under which Mr. Justice ;Van Pevanter retired and made way for the appointment of Mr. Justice Black. Mr. Kelly declared that Congress "had no right to pass this Act," and that Mr. Justice Van Devanter would have to go bacfc on the bench and Mf\ Justice Black leave it. The Supreme Court denied both petition and motion. There was a stormy session at the Judiciary Committee of the Senate when Mr. Justice Black's appointment was considered, but eventually it was approved by 13 votes to four, and confirmed hy the Senate by 63 votes to 16.