Evening star. [volume], November 25, 1934, Page A-10, Image 10

About Evening star. [volume] (Washington, D.C.) 1854-1972

Image provided by: Library of Congress, Washington, DC

                
NEW COURT POWER
WOULD AIDN1 A.
"Declaratory Judgment" Act
Would Permit Rulings in
Controversies.
Proposed reorganization of the Na
tional Recovery Administration along
lines that would afford business a
greater degree oi self-government has
served to center attention on an
enactment of the last Congress, pro
viding for declaratory Judgments,
which, it is contended, could be a
valuable adjunct in the new set-up.
This act provides that in cases "of
actual controversy," courts of the
United States may, on application,
declare the rights and other legal re
lations of any interested party, this
finding to have the force of a. final
judgment or decree.
Provides Prejudgment.
It EfTordi. in some degree, the thing
for which the business interests of the
country have been arguing for several
years; that is, a tribunal to which
proposed compacts might be submitted
for a prejudgment as to their legality,
with the supposition, of course, that
the element of controversy could be
established.
Otherwise, it would not be available.
Presumably it was this to which
reference was made by Donald Rich
berg. executive director of the Na
tional Emergency Council, in his
speech before the Associated Grocery
Manufacturers in New York Wednes
day night, when he suggested creation
of a National Code Administration,
empowered to authorize or prohibit
concerted action, and then added:
"Its decisions should be made re
viewable—not by an ordinary lawsuit,
but by an appeal for a declaratory
judgment by a court of competent
jurisûiction."
Such a code administration, it is
pointed out by observers, would by the
act of denying some application set
up the necessary "controversy" to
make the declaratory judgment ap
plicable.
Meets Business Ideas.
The entire picture drawn by Rich
berg, incorporating both of these fea
tures, seems to meet the ideas that
have been advanced by business in
terests for the past three years. The
forerunner of these was the elaborate
"Swope report," prepared by Gerard
Swope. president of General Electric,
and followed a short time later by
the report on "Continuity of Business
and Employment," drawn by a com
mittee of the Chamber of Commerce
of the United States, headed by Henry
I. Harriman, now president of the
chamber.
This latter report received the in
dorsement of the chamber, and it was
recalled yesterday that one portion
of it put business on record as favor
ing—in return for obtaining stabiliz
ing legislation—establishment of un
employment insurance and other steps
to guarantee employment—points to
day on which the administration Is
hammering. Because of this, some
speculation has been aroused as to
■whether the proposed revamping of
the N. R. A. may not again be coupled
■with measures for aiding workers in
industry.
Chamber Being Polled.
Right now the chamber Is polling its
membership for an expression on
N. R. A. reorganization.
The Federal declaratory judgment
law follows the principle of that in
some 34 States, and has long been
urged by the American Bar Associa
tion. Senator King, Democrat, of
Utah, and Representative Montague
of Virginia, piloted it through Con
gress, where it had lain dormant for
six years.
When it was under discussion one
of those advocating it, described it in
this way:
"Under the present law, you take
a step in the dark and then turn on
the light to see if you have stepped
In a hole. Under the declaratory
judgment law, you turn on the light
and then take your step."
Discussed in Publication.
In an article carried in the Cer
tified Public Accountant. Nathan
Boone Williams, local attorney, recent
ly discussed this law at length and
declared business men would take full
advantage of it to determine questions
arising with the Government, partic
ularly in the New Deal agencies.
"With the Federal Government com
ing into direct relation with the citi
fen in an increasing multitude of
situations," he wrote, " 'cases of ac
tual controversy' are and must be of
frequent occurrence, and, as govern
ment always acts through agents,
these agents, up to and including the
Attorney General of the United States,
Will become appropriate parties re
spondent in actions to declare the
respective rights of the citizen in his
relation to his government under the
Federal law."
PRESS URGED TO MAKE
CRIME LESS GLAMOROUS
American Bar Association Head
Outlines "War"' Program
for Florida Group.
By the Associated Press.
OCALA, Fla.. November 24.—The
press was called on today by Scott M.
Loftin of Jacksonville, president of the
American Bar Association, to make
crime "less glamorous, less attractive,
less enticing."
"Play down criminals for what
they really are," Loftin said, in an ad
dress before the Florida Press Associa
tion. He outlined the program of the
bar association for a "new war" on
crime.
"Give more space to efforts of the
association to wipe out these condi
tions," Loftin said. "If these crim
inals cannot be worthy heroes, then
they must be unworthy heroes. It is
up to the people. It Is their duty as
citizens to efface this crime menace."
MAN'S THROAT IS CUT;
WIFE FACES CHARGES
Assault Case Is Filed by Police,
Who Find Woman in Gas
Filled Boom.
Claimed by police to have cut her
husband's throat with a knife and
then to have attempted suicide by
gas in the kitchen of her home, Mrs.
India Frances Powell. 821 Hamilton
street, was being held at the House of
Detention last night on a charge of
assault with a dangerous weapon.
Mrs. Powell's husband, Gary O.
Powell, 26. was treated at Freed
men's Hospital after sixth precinct
police answered a call to the house
and claim to have found the husband
bleeding from a laceration to the
throat and the woman in the kitchen
with several gas jets open.
Powell went to the home of his
mother after treatment
κ
i/
TOBACCO CARGO STOLEN
Truck Driver Tied With Wire and
Abandoned. .
ROANOKE. Va., November 24 (JF).—
A tobacco and cigarette laden van op
erated by the Dunbar Trucking Co. of
Huntington, W. Va., was held up and
robbed near Lick Run in Northern
Botetourt County about 5 a.m. today.
The truck driver, Arnold Bailey, was
left wired up.
Clifton Stafford, a driver for the
Greyhound Bus Line between here and
Clifton Forge, said the truck was dis
covered about 100 yards off the main
highway on a side road.
BALDWIN SAYS U. S.
TAKES PEACE LEAD
Other Nations Must Consider
Course of America, He
Holds.
By the Associated Press.
GLASGOW, November 24.—Any
collective effort by nations to insure
the peace of the world must include
the United States, 6ays Stanley
Baldwin.
"Never as an individual will I
sanction the British Navy being used
for the armed blockade of any coun
try in the world until I know what
the United States Is going to do,"
he asserted In a speech last night.
Baldwin, who as lord president of
the council, ranks second to the
prime minister, deplored the with
drawals of Japan and Germany from
the League of Nations. He said they
made more difficult action by powers
in any joint peace system.
Saying he did not know whether
the United States would ever abandon
its traditional policy of isolation, he
expressed certainty there never would
be α League of Nations with the power
and influence it ought to have "until
that great country Is a member."
"What we've got to do," Baldwin
said, "is to go on working—largely
by faith, I admit—to try to get back
Into the League those who have be
longed to it. and trust that the day
may come when the world circle Is
complete by the admission of the
United States."
Without referring specifically to
any nation, he made mention of "cer
tain disquieting effects" in places
where he said vast populations "are
being drilled in a culture and a belief
the very antipodes of everything you
and I stand for."
Soviet Goes for Classics.
Among the foreign classics to be
published by the Soviet state printing
trust are the works of Shakespeare,
Dickens and Fielding, translated into
Russian.
COL. RICHARD CUnS
DIES IN SAN DIEGO
Marine Corps Officer'» Body to Be ί
Shipped fo- Interment in
Arlington Cemetery.
Br the Associated Press.
SAN DIEGO, Calif., November 24
' —Col. Richard M Cutts. 56, U. S. M.
C„ died today at his home after a
i long Illness. He came here two
; months ago from Newport, R. I. The
body will be sent to Arlington Na
tional Cemetery for burial.
Col. Cutts served as an ensign in
the Navy during the Spanish-Amer
ican War and was appointed to the
Marine Corps in 1899.
During the World War he was on
the staff of the commander In chief.
Pacific Fleet. Prom 1922 to 1924 he
commanded the Policia Nacional of
Santo Domingo and later headed the
1st Brigade in Haiti.
Surviving are his widow, Mrs. Mar- ;
garet Pitts Cutts, San Diego; a \
daughter, Mrs. Alice Wainwright.
Washington, D. C„ and a son, Lieut.
R. M. Cutts, U. S. M. C.
HUNTERS PAY $182,000
ON "DUCK STAMP" TAX
Funds From Sale of Adhesive· to
Be Used to Supplement $8,500,
000 Appropriation.
By the Associated Press
Sportsmen of the Nation have con
tributed to date more than $182,000
under the "duck stamp" tax on hunt
ing licenses tor the Federal program
of restoring wild life.
J. Ν Darling, chief of the Bureau
of Biological Survey and cartoonist
on-leave, who made the sketch for
the stamp, reported that 182.407 have
been sold to date at $1 each.
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