Gadfly's Inning

Albert L&233;vitt is a Unitarian, a Republican, a World War veteran (wounded and gassed). He holds degrees from Meadville Theological School, Columbia (cum magnis honoribus), Harvard and Yale Universities. A hardy perennial in Connecticut politics, he regularly runs for the House of Representatives, the Senate or the Governorship, thus far without success. He used to conduct a permanent but unavailing crusade to oust the late J. Henry Roraback, Old Guard boss of Connecticut Republicanism. In between times Mr. L&233;vitt sought unsuccessfully to oust the Connecticut Public Utilities Commission. He is also a chronic letter-writer to the New York Times.

Until this week the sharpest turning point in the career of the Rev. Dr. Prof. L&233;vitt occurred in 1932 when his Independent Republican Party, with a Prohibition platform, drew enough votes from Boss J. Henry Roraback's candidates to insure some New Deal successes, although Gubernatorial Candidate L&233;vitt himself got only about 10,000 votes. For his services the New Deal, in a hasty move, took Mr. L&233;vitt to Washington as a special assistant to Attorney General Homer Cummings, himself a onetime Connecticut politician. Before long, zealous Dr. L&233;vitt was circularizing Connecticut voters with an appeal to form a new party, inviting replies to be addressed to him at the Department of Justice. The Democratic Administration eyed this move with disfavor. Prof. Levitt resigned to run unsuccessfully for Congress in 1934.

But Albert L&233;vitt was again a public official by the next year, when President Roosevelt sent him to the remote Virgin Islands as a judge. When he mounted the bench Mr. L&233;vitt told native judges who led lonely lives, not to mind if he appeared snobbish. Judge L&233;vitt was soon trying to subpoena Acting Governor Robert Herrick. After that he angrily charged Provisional Governor Lawrence W. Cramer with interference in the court, wrote out his resignation. Frustrated but undaunted, Mr. L&233;vitt returned to the U. S. and his old job in the Department of Justice.

But Homer Cummings had by no means been stung for the last time by Gadfly L&233;vitt. Last January, restless as ever, Mr. Cummings' special assistant slipped into a Senate Committee hearing to oppose unsuccessfully the permanent appointment of Governor Cramer, ask an investigation in the Virgin Islands. Said Mr. Cummings: "I can sum up my attitude in three words: I am disgusted."

Albert L&233;vitt resigned from the Department of Justice in August, perhaps for the last time. But he had yet another sting for Homer Cummings and the New Deal. Eight days after his resignation took effect, Lawyer L&233;vitt had popped up with a petition demanding that Nominee Hugo Black prove his eligibility to sit on the Supreme Court. Mr. L&233;vitt contended that Senator Black, by voting for the Supreme Court Retirement Act, had helped increase the emoluments of that office contrary to Article I, Section 6 of the Constitution.

As the U. S. Supreme Court filed into its $11,000,000 marble palace this week to begin the 1937-38 term under the eyes of a jampacked crowd of the curious, Albert L&233;vitt, his cup running over, had become a gadfly on a national scale. Second only to Hugo Black as a cynosure, Mr. L&233;vitt arrived at the Supreme Court Building two hours before noon.

Solemn Chief Justice Charles Evans Hughes, without appearing to realize that the Supreme Court was at its alltime, 148-year peak in public interest, solemnly intoned that Hugo L. Black, a former U. S. Senator, had been nominated an Associate Justice of the Supreme Court, had been confirmed by the Senate, had presented his commission which had been filed in the form prescribed by law. Hugo Black, slightly fidgety in his seat farthest to the Chief Justice's left (the place formerly occupied by Justice Cardozo), glanced about the magnificent room, spied his pretty, prematurely grey wife, smiled slightly. First order of business was the admission of candidates wishing to practice before the Court. But another Black objector, a nervous Boston lawyer, jumped up: "Mr. Chief Justice, I want to introduce myself to the Court. I am Patrick Henry Kelly of Boston--."

"Are you moving an admission to the bar?"

"No. I want to ask the Court a question."

"You are out of order," ruled the stern Chief Justice and Objector Kelly had to wait.

Secure in a full knowledge of Court procedure, Albert L&233;vitt was in order when he arose, after candidates had been admitted.

"May it please the Court, I have a motion in reference to the seating of Justice Black."

"Is it in writing?"

"Yes, it has been duly printed." beamed Lawyer L&233;vitt.

"You may submit it to the Court and it will be taken under advisement," said Chief Justice Hughes. Lawyer Kelly finally got his written objection filed also. Twenty-three minutes after it convened at noon the Supreme Court adjourned for a week.

Outside the Court Gadfly L&233;vitt pontificated: "Everything went just as I expected."

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