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Published online by Cambridge University Press: 08 March 2018
At the behest of the Roosevelt administration in 1935, the U.S. Senate established a special committee to investigate lobbying activities by opponents of the “death sentence” of the Public Utility Holding Company Bill. Chaired by Hugo L. Black (D-Ala.), the “Black Committee” expanded its mission into a more general probe of anti–New Deal organizations and individuals. The committee used highly intrusive methods, notably catch-all dragnet subpoenas, to secure evidence. It worked closely with the IRS for access to tax returns and with the FCC to obtain copies of millions of telegrams. When the telegram search became public information, there was a major backlash from the press, Congress, and the courts. Court rulings in 1936, resulting from suits by William Randolph Hearst and others, not only limited the committee’s powers but provided important checks for future investigators, including Senator Joseph McCarthy.
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12. Markoe, “The Black Committee,” 105–6; Euken, “Evil, Greed, Treachery, Deception, and Fraud,” 74; and “Executive Defends His Utility,” New York Times, 13 August 1935, Book 8, 10.
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17. Euken, “Evil, Greed, Treachery, Deception, and Fraud,” 74–75; U.S. Senate, 74th Cong., 2nd sess., Alleged Seizures of Telegrams and Records and Telephone Communications, Document No. 188 (Washington, D.C., 1936, 3–5; Hearst v. Black et al., 87 F. 2d 68 (1936); Francis R. Stark to Black, 16 March 1936, Box 181, Folder 2, Senatorial File (Lobbying) Correspondence, Black Papers.
18. Copies of some of the telegrams are at Special Senate Committee to Investigate Lobbying Activities, Records, U.S. Senate, 75th Cong., Telegram Files, 1935–38, National Archives. Czaplicki, “The Corruption of Hope,” 98; Harry Y. Saint to Black, 13 March 1936, Folder 6, Box 181 Senatorial File (Lobbying) Correspondence, Black Papers; and Congressional Record, Senate, 26 March 1936, 4495–96.
19. Congressional Record, House, 4 March 1936, 3265; and Felix Bruner, “Lobby Group Seeks to Find Wire Seizure Justification,” Washington Post, 5 March 1936, 1.
20. William Doherty, “Court’s Power Challenged by Black Group,” New York American, 27 March 1936, 4; Paul C. Yates to Black, 25 September 1935, Box 181, Folder 2, Senatorial File (Lobbying), Correspondence, Black Papers; and Saint to Black.
21. Czaplicki, “The Corruption of Hope,” 98–99.
22. William Randolph Hearst v. Hugo L. Black et al., In the Supreme Court of the District of Columbia, “Brief of Plaintiff in Support of Motion for Injunction Pendente Lite and in Opposition to Motion to Dismiss for Want of Jurisdiction” [c. April 1936], 52, Folder: District of Columbia, Hearst vs United States Senate Special Committee, 1935, Box B-48, Western Union Telegraph Company Records, Archives Center, National Museum of American History, Washington, D.C.
23. Holli, The Wizard of Washington, 67–68; Burton Folsom Jr., New Deal or Raw Deal? How FDR’s Economic Legacy Has Damaged America (New York, 2008), 178–79; and William E. Leuchtenburg, The FDR Years: On Roosevelt and His Legacy (New York, 1995), 101–2.
24. “Lobby Probes Aims of Liberty League,” Baltimore Sun, 29 January 1936, 2; Newman, Hugo Black, 185; “New Lobby Hunt Begun,” Los Angeles Times, 29 January 1936, 2; “Senators Open Fresh Quiz on New Deal Foes,” Chicago Daily Tribune, 28 January 1936, 1; Arthur Sears Henning, “Terror Spread Among Enemies by New Dealers,” Chicago Daily Tribune, 9 February 1936, 1; J. Fred Essary, “Senate Lobby Investigators Defied by Liberty League,” Baltimore Sun, 15 February 1936, 9; and “Scores Lobbying Inquiry,” New York Times, 11 February 1936, 10. Black’s interest in the Crusaders, however, had started long before January 1936. On 4 September 1935, the committee had sent the group a “full and exhaustive questionnaire regarding the Crusaders, their structure, purposes and methods.” F. W. Blaisdell to Hugo L. Black, 15 October 1935, Folder: NRA, Black, Hugo, Committee, 1936, Series I-60, Box 57, Robert R. McCormick Papers, Colonel Robert R. McCormick Research Center, First Division Museum at Cantigny Park, Wheaton, Illinois.
25. Henning, “Terror Spread Among Enemies by New Dealers,” 8.
26. “Liberty Leaguers Flay Senate Lobby Probe,” Atlanta Constitution, 15 February 1936, 2; and Hugo L. Black, “Inside a Senate Investigation,” Harper’s Magazine 172 (February 1936), 275–76.
27. Mark Sullivan, “Stories Clash on Seizure of Telegrams,” Hartford Courant, 9 March 1936, 18; Hearst v. Black et al., “Brief for Plaintiff,” 52; “Crusaders Tell Tactics in Black Inquisition Here,” Chicago Daily Tribune, 8 March 1936, 17; “Utility Inquirers Seize Files Here,” New York Times, 3 March 1936, 7; and N. J. Neamy to Robert R. McCormick, 12 March 1936, Byron Price to McCormick, 13 April 1936, Special Committee to Investigate Lobbying Activities to McCormick, 21 January 1936, Folder: NRA, Black, Hugo, Committee, 1936, Series I-60, Box 57, McCormick Papers.
28. “Utility Inquirers Seize Files Here,” 1.
29. Silas H. Strawn v. The Western Union Telegraph Company, In the Supreme Court of the District of Columbia “Brief for Plaintiffs,” [March 1936], 1–3, Folder: District of Columbia, Strawn v. Western Union, Western Union Telegraph Company Records, 1936, Archives Center, National Museum of American History, Washington, D.C.; “Silas Hardy Strawn, 1866–1946,” American Bar Association Journal 32, no. 3 (March 1946): 164; Jeff Shesol, Supreme Power: Franklin Roosevelt v. the Supreme Court (New York, 2010), 10; and Henning, “Strawn Asks Court to Halt Lobby Snooping,” Chicago Daily Tribune, 3 March 1936, 4.
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32. “Black Group Gets Wires by the Millions,” Chicago Daily Tribune, 5 March 1936, 1, 8; and Congressional Record, House, 4 March 1936, 3266; and Kenneth W. Vickers, “John Rankin: Democrat and Demagogue” (M.A. thesis, Mississippi State University, 1993), 50–55. Ira Katznelson documents how Southern Democrats (including racists such as Bilbo and Rankin) were instrumental to the creation and implementation of the New Deal. Katznelson, Fear Itself: The New Deal and the Origns of Our Time (New York, 2013), 84–91, 163.
33. Congressional Record, Senate, 5 March 1936, 3228, 3330–31.
34. Walter Lippmann, “Today and Tomorrow: Legislative Inquisition,” Los Angeles Times, 7 March 1936, A4; and Ronald Steel, Walter Lippmann and the American Century (Boston, 1980), 167, 216–19, 227–33.
35. Felix Bruner, “Borah Request Adopted,” Washington Post, 10 March 1936, 1.
36. Newman, Hugo Black, 187–88; “Report of the Standing Committee on Communications to the American Bar Association,” Annual Report of the American Bar Association 61 (1936): 644; “Senate Accepts Curb on Activity of Lobby Inquiry,” Christian Science Monitor, 12 March 1936, 2; Black to Western Union Telegram Company and T. B. Kingsbury, 18 March 1936, Folder 7, Box 181, Senatorial File (Lobbying), Correspondence, Hugo L. Black Papers; and Henning, “Halt Senate Wire Seizures,” Chicago Daily Tribune, 12 March 1936, 8.
37. Ben Procter, William Randolph Hearst: The Later Years, 1911–1951 (New York, 2007), 170–71, 190–91, 206; “Increased Fund Asked to Push Lobby,” Washington Post, 13 March 1936, 2; Congressional Record, House, 18 March 1936, 3950; and Henning, “Black ‘Terror’ Fought in New Court Actions,” Chicago Daily Tribune, 13 March 1936, 1.
38. Henning, “New Suit Filed to Halt Black Wire Seizures,” Chicago Daily Tribune, 14 March 1936, 1, 8; and “Hearst Files Suit on Lobby Inquiry,” New York Times, 13 March 1936, 6.
39. Black to Western Union Telegraph Company and Kingsbury; and “Hearst Telegram Given Out in House,” New York Times, 19 March 1936, 1.
40. Congressional Record, House, 18 March 1936, 3950; and Black to Western Union Telegraph Company and Kingsbury.
41. Congressional Record, Senate, 26 March 1936, 4384, 30 March 1936, 4579, 1 April 1936, 4708; and “Interest Is Taken in Schwellenbach Reply to Hearst,” Christian Science Monitor, 31 March 1936, 2.
42. Congressional Record, Senate, 31 March 1936, 4650.
43. Saint to Black; Henning, “New Suit Filed to Halt Black Wire Seizures,” 1–2; and “Hearst Assailed as Real ‘Dictator,’” Baltimore Sun, 31 March 1936, 1.
44. “Validity of Subpoena Issued by Senate Committee for All Telegraphic Correspondence over Named Period,” Columbia Law Review 36, no. 5 (May 1936): 843; “An Obvious Red Herring,” Washington Post, 21 March 1936, 8; “Raw Censorship” (reprinted from Editor and Publisher), New York American, 22 March 1936, 8; and Arthur Krock, “In Washington: Black Committee Accused of Invading Court Functions,” New York Times, 27 March 1936, 20.
45. Congressional Record, House, 15 April 1936, 5530–36; and “House Delays Black Group’s Defense Fund,” New York American, 3 April 1936, 1.
46. Markoe, “The Black Committee,” 173.
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49. “Foe of A.A.A. Defies Quiz,” Los Angeles Times, 17 April 1936, 2; “Farm Leader Won’t Answer Lobby Probers,” New York American, 17 April 1936, 1; and “Lobby Group Witness Balks at Questions,” Washington Post, 17 April 1936, 1.
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51. “Court’s Power Challenged by Black Group,” New York American, 27 March 1936, 4; “Partial Retreat from Moscow,” Washington Post, 1 April 1936, 8; and Czaplicki, “The Corruption of Hope,” 95. Even after the FCC ceased cooperation, however, Stanley Morse, executive president of the Farmers’ Independence Council alleged that a telegram sent on 10 April to E. V. Wilcox, the council’s secretary who also testified that day, “apparently was in the hands of the Committee a few hours later.” Stanley Morse to Member, 20 April 1936, Folder: I-60 NRA-Black, Hugo, Committee, 1936, McCormick Papers.
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54. Berton Braley, “Go As Far As You Like,” New York American, 2 May 1936, 14.
55. Arthur “Bugs” Baer, “Giving the Committee a Black Name,” New York American, 2 April 1936, 4.
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58. “Black Names Ex-Partner as Probe Counsel,” New York American, 23 March 1936, 8; Congressional Record, House, 15 April 1936, 5540–41; and “House, 153 to 137, Rebukes Senate Lobby Committee,” New York Times, 16 April 1936, 2.
59. Congressional Record, House, 15 April 1936, 5543, 5545.
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62. Henning, “Terror Spread Among Enemies by New Dealers,” 8; “The Senate Black Shirts,” Chicago Daily Tribune, 7 May 1936, 10; and “The Night Riders: An Old Southern Custom,” Chicago Daily Tribune, 7 May 1936, 1.
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67. Folsom, New Deal or Raw Deal? 180; and Holli, The Wizard of Washington, 74–75.
68. Choate, Disputed Ground, 87; and Burk, The Corporate State and Broker State, 243.
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76. Arthur M. Schlesinger Jr., The Politics of Upheaval, 1935–1936 (Age of Roosevelt, Vol. 3) (Boston, 1960), 323; and Gregory and Strickland, “Hugo Black’s Congressional Investigation of Lobbying and the Public Utility Holding Company Act,” 560.
77. Leuchtenburg, “A Klansman Joins the Court,” 6; Newman, Hugo Black, 190, 193; and Czaplicki, “The Corruption of Hope,” 104.
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