n n SUNDAY. JUNE Jl. W3 MEDFOHD MAIL THIBUHE. MEDFOHP. OHESQ- :
SUPREME COURT HAS WEATHERED AAANY STORMS
Editor' Nolet The nor.
mtl calm of the U.S. lu.
preme Couri wu shattered
recently whan on associ
at justice publicly berated
anothar tor a major dad
tion which ha opposed.
Doai lhii maan iha nation'!
hlghait tribunal U split
Irreparably by a personal
itv rift? Tha court hai
weathered many lueh
tormi ai outlined in iha
iollowina dilDltch b
veteran UPI 8 u p f a m
Court reporter.
'By
CHARLOTTE C. MOULTON
Wajhlngion . UPU If the
angry words which ihattered
the Supreme Court's Judicial
calm recently meant another
personality rift, the tribunal
has survived them before
bla and little.
Veteran Justice Hugo L
Black, one of the figures in
the latest tiff, has played a
major part in two previous
clashes. He has shown an un
common ability to ride out
such storms a 1 w a y s with
lips sealed.
His adversary was another
veteran justice William O
Douglas. Courtroom specta
tors were aghast to hear
Douglas unleash a scathing
criticism of both the content
and style of Black's majority
opinion in the 40-year-old
California Arizona Colorado
river water dispute, the big
gest water lawsuit ever filed
in 111 is country.
Douglas' verbal onslaught
on his colleague was more
- pronounced because Black
was presiding in the absence
of Chief Justice Earl Warren,
Black is senior justice In
point of service and is 13
years older than Douglas.
Read Opinion
The 77-year-old Black had
read excerpts from a 82-page
opinion In which it was evi
dent he took pride of author
ship. The case was complex
f W 111 .
f X W
JU8TICE8 The Supreme Court has weath
ered many personality rifts. The most rec
ent one was this month with the reading of
Justice L. Black's (left) majority opinion
on the Colorado river water dispute. He was
criticized by Justice William O. Douglas
(right). Two years ago another opinion of
Black's triggered a clash between former
Justice Felix Frankfurter and Chief Justice
Earl Warren (center). (UPI)
and he explored the issues
carefully. The decision added
uo to . California losing to
Arizona but left some prob
lems unsettled.
Douglas was ready with a
written dUsent, replete wi'.h
fire and brimstone. He said
the case would be marked In
the future "as the baldojt at
tempt by judges in modern
times to spin their own phi
losophy Into the fabric of the
law In derogation of the will
of the legislature."
Critical References
A common claim of the ju
dicial minority is that the
majority has taken over the
function of Congress; that
they fit a case to their ntvii
Ideology rather than Into the
law. And the sharpest dis
sents usually are by Justices
who themselves have very
strong opinions which did not
prevail.
This could have been the
case with Douglas. An out
door enthusiast, he Is particu
larly sensitive to water and
conservation problems. His
feelings were so strong, in
fact, thai he departed from
his text to make critical ref
erences to the length of
Black's opinion.
"The advantage of a long
opinion such as the one Jus
tice Black has filed," he said
tartly, "la that it is very dif
ficult to see how it failed to
reach the right result, be
cause one gets lost in words."
The nine justices have a
happy practice of shaking
hands all around each time
they go into conference on
cases. This time it was hard
to see how the Black-Douglas
handshake .could be so cor
dial as, it had. been before
if, Indeed, the cordiality had
not been cooling for- some
time.
Where Individual liberties
are concerned, the two have
stood together for more than
24 years as Interpreters of the
constitution. They see the
court as an active force In se
curing for every one free
speech and other guarantees
in the Bill of Rights.
Personality Diffarancts
But personality differences
can mean Just as much in the
Supreme Court as they do
elsewhere. In fact, Black,
over the years, developed a
much closer relationship with
Justice Felix Frankfurter
College of Cardinals Has Varied in
Size During Years; Now Chooses Pope
By LOUIS CA88EL8
United Press International I
Included In the worldwide I
membership ot the Roman I
Catholic church are some 860
million laymen, 425,000
priests and 2,300 bishops.
But there ar only 82 cardl
nals.
The cardinals are known
as "the princes of the
church." They outrank every
one except a reigning pope,
Their pivotal position In the
hierarchy is signified by the
very name cardinal, which
comes from the Latin word
"enrdo," meaning a hinge.
Next Wednesday all the
cardinals who are physically
able will gather at the Vati
can to choose one of their
number as the new pope,
' Electing pope has become
the most Important function
of the Sacred College ot Car
dinals. But cardinals also
have three other duties. They
assist the pope at major lit
urgical servient, counsel him
in consistories and aid him
in administration ot the
church.
Origin Noltd
The term cardinal has been
used In the Cutholic church
for about 1,800 years. It was
originally applied to about
28 priests in the Diocese ot
Rome who were outstanding
for their wisdom, seniority or
the Importance of their par
ish churches. They served in.
formally as advisers and as
iistants to the pope. But they
were not regarded as "princes
ot the church" nor did they
have a special role in elect
ing a new pope. Until late In
in the 12th Century, all
the clergy of Rome, and
number of laymen, including
emperors and noblemen, par
ticipated in the election ot
popes.
In 1170. Pope Alexander
III issued a decree vesting In
the cardinals the sole right
to elect a new pope,
During the next three ten
turlcs, cardinals gradually
came to be regarded as being
on a par with secular royal
ty. Their status as "princes'
of tha church was formally
defined by Pope Leo X tn
1314.
81ia Varlad
During this era. the site of
the college of cardinals varied
widely. Under Pope Alexan,
der IV (1254 61) there were
only seven cardinals. Pope
Gregory XIII (1872-1988) en
larged the number to 78. Pope
Sixtus V In 1SS6 fixed tha
number of cardinals at 70 -a
total which was never ex
ceed until Pope John XXIII
raised it to 88. (Three of the
cardinals have died since
then, reducing the total to
BZ.)
The cardinals choose t h e
pope, and the pope chooses
the cardinals. New cardinals
are named first at a secret
consistory (the term consisto
ry is applied to any formal
meeting of the cardinals with
the pope). Then they are in'
ducted at a colorful public
consistory at which they re
ceive rea nils.
The red hats which have
become synonymous with the
rank ot cardinal have low
crowns and very broad brims.
from which hang IS tassels.
They are bright red.
Working Cloth
A cardinal after his Indue
Hon wears a scarlet blrctta
(three peaked clerical cap)
or a scarlet zuchctto (skull
cap) Many people have the
erroneous impression that
these familiar headpieces are
"red hats" but to ,the cardi
nals who wear them they are
"working clothes" rather.
than crowns.
Forty live of the 82 pres
ent cardinals were created by
Pope John XXIII. In addition
to expanding the college, he
ended the traditional Italian
dominance. Only 28 ot the
present cardinals are Italians,
The other 94 come from 30
different countries, with
France supplying eight, Spain
seven, the United States five,
Germany three, Brazil three,
Portugal two, Canada two,
Argentina two, and 22 ether
countries one each.
They range In age from 49
(Cardinal Rlcketts of Peru)
to 01 (Cardinal Morano ot
Italy). The median age Is 74.
There Is no canon law
which says the cardinals must
elevate one ot their own num
ber to the papacy. Theoret
ically, any male Catholic who
has reached the age of reason,
even a layman, might be elec
ted pope. In actual practice,
however, the pope has come
from the college of cardinals
in every election since 1378.
who was at the opposite pole
in legal philosophy. Black has
said this term how much he
misses the peppery little jus
tice from Massachusetts, who
was compelled to step down
last year because ot . his
health.
These three are the last of
President Franklin D. Roose
velt's appointees. Black came
to the Court in 1937; Doug
las and Frankfurter in 1939.
Black an Alabaman, is
war m-heartcd, soft-spoken.
His job as an associate justice
is his life. He devotes him
self to it almost exclusively.
Douglas, on the other hand,
has wide-ranging interests
which are brought to public
attention. He delivers count
less speeches, goes prowling
In remote corners of the
earth, and has written some
17 books since becoming a
justice.
Some of these works are
expressions of his views on
censorship, religious free
dom and the like. Others are
travel books. Still others are
about hiking, mountain
climbing, fishing and life in
the outdoors.
Continuing Concern
Douglas also has a continu
ing concern with internation
al affairs, particularly in the
Arab countries where he has
traveled. He has spoken out
forcefully when he felt the
United States was pursuing a
mistaken policy with under
developed nations. He has
also advocated admitting Red
China to the United Nations.
Douglas was in the news
recently when it was dis
close that his wife, Mercedes,
plans to divorce him this
summer. They have no chil
dren. He has two grown chil
dren by an earlier marriage,
which also ended in divorce,
Douglas has denied rumors
that he plans to leave the
court next October when he
could retire at full salary of
$39,000 a year.
He will no doubt always be
remembered for granting a
stay of execution to Atom
Spies Julius and Ethel Rosen
berg, who were finally put to
death in 1983.
Hight now, most persons
probably associate Black with
the historic opinion he au
thored last term striking
down New York's state-com
posed school prayer.
Nettled Warren
It was an opinion of Black's
that triggered a clash in open
court two years ago between
Frankfurter and Warren.
Frankfurter started things by
the manner of his dissent. He
had the habit of making a
little speech about his opin
ions, rather than reading
them.
This practice had nettled
Warren a time or two before.
On .'this particular day,'
Frankfurter pitched Into
Black and the others who
joined his opinion reversing
a murder conviction. Frank
furter accused them of
"plucking out" an isolated
episode from the record. He
suggested that "judges are
apt to find what the mind is
looking lor."
Warren, who had agreed
with Black, leaned forward
when Frankfurter finished.
He informed the courtroom
audience that Frankfurter's
statement was more like a
lecture on a prosecutor's clos
ing argument than a Supreme
Court opinion.
"At I understand it," the
Chief Justice said icily, '"the
purpose of reporting an
opinion in the courtroom is to
inform the public and is not
lor the purpose ot degrading
this court. I assure you that
if any written opinion had
said those things, I would
have had much to say myself."
Frankfurter muttered some
thing about leaving' the mat
ter "to the record."
Later the same day the two
were observed in seemingly
amicable conversation. Frank
furter used to sit at Warren's
left.
POST-WAR FEUD
The most savage court
"feud" in post-war years was
between Black and the late
Justice Robert H. Jackson
who was detached from his
judicial post in 1946 to serve
as Chief United States Prose
cutor at- the War Crimes Trials
in Neurnberg, Germany.
That war broke into the
open on the Issue whether
Black should have disquali
fied himself in case argued
by his former law partner.
There are no rules for dis
qualification. Each justice de
cides when he must withdraw
and for what reasons.
The law partner won a S
to 4 decision, which allowed
soft coal miners "portal-to-portal"
pay. Black did not
write the opinion but joined
in it. Jackson's dissent ended
in words remarkably similar
to those of Douglas.
"We doubt," he said, "iX
one can find in the long lir.a
of criticized cases one in
which the court has made a
more extreme exertion ot
power or one so little support
ed or explained by either the
statute or the record in tha
case."
The ruckus died down and
in later years so did the feud.
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