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Court Affirms Its Right to Veto Laws Guffey Opinion Answers Critics Who Doubt Grant of Powers. BY DAVID LAWRENCE. ENTIRELY apart from the merits of the Guffey law, the Supreme Court of the United States, speaking through Justice Sutherland, has just given its an swer to those New Dealers, members Of Congress, college . professors and others who have been going up and down the coun David Lawrence. try talking to audiences, speak ing over the radio and elsewhere, denying that the Constitution gives the Supreme Court the right to declare acts of Congress un constitutional. The most com monly expressed comment has been that no where in the Con stitution is there fnr a Honlorfl Oil J nuuiv^vj — — tion by the Supreme Court about the constitutionality of an act of Con gress. But says Justice Sutherland In the Guffey opinion: "The Constitution speaks for it self in terms so plain that to mis understand their import is not ra tionally possible. ‘We the people of the United States.* it says, ‘do ordain and establish this Constitution . . .’ Ordain and establish. These are defi nite words of enactment and with out more would stamp what follows with the dignity and character of law. The framers of the Constitu tion, however, were not content to let the matter rest here, but provided explicitly: ‘This Constitution, and the laws of the United States which •hall be made in pursuance thereof . . . shall be the supreme law of the land.’ “The supremacy of the Constitu tion as law is thus declared without qualification. That supremacy is ab solute; the supremacy of a statute enacted by Congress is not absolute, a. .1 __J ..mam ltd Knmr» mO/ia UUv tuliUibluiivu —'-o -- in pursuance of the Constitution. And a judicial tribunal, clothed by that instrument with complete ju dicial power, and, therefore, by the very nature of the power, required to ascertain and apply the law to the facts in every case or proceeding properly brought for adjudication, must apply the supreme law and re ject the inferior statute whenever the two conflict.” Subject to Interpretation. The foregoing paragraphs probably will be quoted again and again as a reaffirmation of the principle laid down by Chief Justice John Marshall in 1803 and rarely questioned except when groups disliked the opinions of the court. Now, of course, the Constitution as the “supreme law” has to be inter preted, and the long line of rulings and precedents covered in the ma jority opinions of the Supreme Court afford a guide for what has become known as the American constitutional system. It may well be asked why it is that Congress doesn’t know the “supreme law” as well as the Supreme Court. For many generations Congress has known tne constitutional precedents and has accepted them. Out of up ward of 25,000 statutes passed by Congress since the beginning of the Republic, less than 75 have been de clared unconstitutional. But in the last three years the Con gress has chosen to disregard prece dents of the court in writing new leg islation. Certainly Congress cannot be blamed for exploring new ground, ; but this alone has not been the case with most of the statutes. The new ground has been so interwoven with plainly invalid actions covering old ground that the laws have fallen in their entirety before the judgment of the Supreme Court. Since under the American system advisory opinions‘are not rendered in advance by the Supreme Court, the 1 delay incident to getting a decision may bring economic loss. There is, for instance, no measure today of the loss, direct and indirect, occasioned by the Guffey law. On top of this the decision comes as Congress is about to adjourn and when a substitute Statute can hardly be drawn. If Congress, on the other hand, had endeavored to respect constitu tional precedents in the first place, a bill for the regulation of interstate gales in the coal Industry might have been declared valid so that the Indi rect benefits of such a forward step might have led to a stabilization of a natural-resource industry which has been for many years in distress. Good wages, as Justice Cardozo pointed out, come from a soundly organized or Biauiiizea mausiry. Written by Engine Group. The layman may ask why Congress doesn't pay attention to precedents The answer frankly given is that legislation like the Guffey act is not written by members of Congress at all, but by the lawyers for a group, in this case the United Mine Workeis. Like wise when President Roosevelt asks Congress to ignore constitutional doubts and go ahead, he exposes himself to the comment that the measure is a temporary sop to the demands of the coal miners and that the Supreme Court and not the Congress or the Executive is expected to rescue the country from unsound proposals. In this way the blame Is placed on the court while both Congress and the President in the electoral campaigns dan contend that they did what they could for the coal mining group, but the court Intervened against them. When legislation la written by mem ban of Congress without regard to the pressure of minority groups, repre senting either big hiiRirmns nr nmn. ixed labor, but in the public Interest with an eye to the consumer and the taxpayer, the chances are the legisla tion will come well within the Consti tution because the Supreme Court de cisions clearly point the way—if Con gress were only disposed to heed the directions and scope of constitutional power clearly granted to it and ap proved by the Supreme Court in many thousands of cases decided by it and by opinions of the lower courts which usually conform to Supreme Court rulings. (Coprrlsbt. 1936.) Dental Examiners Named. RICHMOND, Va., May 20 <JP).—Dr. W. N. Hodgkin of Warrenton and Dr. H. L. Smith of Charlottesville were reappointed by Gov. Peery for a three year term on the State Board of Den tal Examiners. 1 w * Behind the News I '• —■ ■ ■ — -.. .— Nine-Way Division of Opinion Held Cause for Delay in Guffey Decision. BY PAUL MALLON. 1 Legal aeers around the Supreme Court bet a few lightly used copies hf the Revised Statutes a month ago that the Guffey coal decision would hot come down until the Pennsylvania primaries were ovef. They were right about the time, but wholly wrong about any con ltarfinn hatwaan t.hs* rnal raaa and «... - r rty elections In the big coal State. What caused the court to spend 47 days considering the coal law was / the fact that the nine justices | Wanted to write about nine separate Opinions. It was a difficult taste to fet them to condense their view points into the three different opinions which were finally rendered. That is, they split sharply and Clearly on some major points, but rri /vi * I tne same justices aiu nut spin me same way on orner major points. At least that Is the studied opinion of those who know something of the inner workings of the court. * * * * Eavesdropping is not considered good taste around the court council room. It has never been attempted. Let if a dictaphone had been placed in chambers during the interesting discussions, it would have recorded the inside background of the coal decision as some thing like this: A majority of the coart easily made up its mind that the labor Jrevisions of the coal act are unconstitutional. In fact, there are reasons or suspecting the decision might have been unanimous if that were the pnly point involved. But when it came down to the price-fixing provision, the majority >ecame a minority. That is. six members of the court or more might have leld that provision constitutional if it were the only point at issue. A decision along those two lines would have made an extra fine legal : nix-up. It would have permitted the coal operators to get away with price Ixing while the union would have been denied its half of the code bargain —namely, more wages and shorter hours. No one wanted to do that. The wonder of it all is that only 67 days were required in the search for words which would enable five justices to sign the same majority opinion. * * * * The way it worked out, they say. is that Justice Sutherland was ntvlto r> ma mrito onininn Wo pnahlvH nrire-fi Yincr Justices to sign his opinion by disposing of that issue “without coming to the question of its constitutionality.” That is, he enabled all except one, Chief Justice Hughes. Mr. Hughes insisted on writing a separate opinion upholding the marketing agreements. Sutherland first went through the throes of writing and rewriting to fit the judgment of his five. Then Hughes and Cardoso began and I Cardozo had to revise to fit the views of his three. All that consumed I the unusually long time. Looking back on it, some of the best lawyers believe the lone hand Hughes opinion probably represents the soundest law, but they are glad the majority of the court did not accept it. • * • • There was more than legal respect behind Senator Guffey's voice When he accepted the court decision as that of an umpire in the ball game. The truth is the most astute politicians within the New Deal have pome to the private conclusion that the only practical thing to be done Jibout the Supreme Court is—nothing. The constitutional amendment escape is all right for Congressmen to talk about as a long-range ideal. However, it has come to be recognized as wholly impractical for New Deal purposes now. Far more inviting to them now is the idea of Congress enlarging the court, but even that is considered to be almost as impractical fcs trying to swing a constitutional amendment. its one of the wisest of them said after the decision: "There is Ho use agitating against the Supreme Court when three or four justices On it represent vour viewpoint. The _ _ gnly thing to do is to wait until some Of the opposing justices die." i : They all looked healthy last Mon day. * • * • This may be one reason why there was less ado than usual following this New Deal reversal. Another Is that nearly every one here expected the decision. Few lawyers or pollti qonstitutional. President Roosevelt himself intimated as much when he asked Congress to pass the act regardless of doubts about its consti tutionality. A third reason is that coal is not a burning national issue. • • • • « Those who know John L. Lewis' United Mine Workers' organisation from the inside say he will probably be able to get along satisfactorily without the Gufley act. He has just signed up a new contract for another year. • • • • A story is current in Congress that the postal inspectors would like to claim some of the reward which G-Man Hoover is now going to pay fbr the capture of Alvin Karpis. The postal outfit is tight-lipped, but the yarn comes authoritatively that G-men unsuccessfully questioned a certain man whoae name is known (not Karpis) and released him. Later postal inspectors took him in and got information which is supposed to have led to the capture of Karpis. (Copyright. 1936.) I MRS. BELLE CLARKE, 97, DIES AT WINCHESTER _ Funeral Rites at Oak Hill Tomor row for Widow of Gen. H. F. Clarke. Mrs. Belle Taylor Clarke, widow of Sen. Henry Francis Clarke, U. S. A., >nd a former resident of this city, lied yesterday at Winchester, Va., where she had lived about 35 years. 3he would have been 98 years old on Vlay 31. Mrs. Clarke was the daughter of ;he late Gen. Joseph Pannell Taylor. Her husband died in 1887. Among her survivors are two grand daughters. Mrs. Llewellyn W. Oliver, wife of Col. Oliver. U. S. A., and Miss Rose Loughborough Clarke, both of 2715 Thirty-first place, and two nephews, Col. John R. M. Taylor and Admiral Montgomery Meigs Taylor, both of this city. Mrs. Clarke's son, the late Col. Joseph Taylor Clarke, died in 1921. Funeral and burial services will be held at 4 p.m. tomorrow in Oak Hill Cemetery. Double Trouble for Teacher. GOOD LAND, Kans. (/P).—Twins are almost the rule at Redwood Rural School. Miss Mildred Reed, the teach er, is a twin. Six of her pupils are twins, four of them from the same family. Emory Hall, member of the school board, also is a twin. ! i| ! LET LANSBCRGH’S | CLEAN, GLAZE AND | "AQUA-SEC" VOIR FUR COAT ALL FOR . . . ! Aqua Sec coats each tiny hair with an invisible sheath. It helps to prevent fur mat ting, and keeps the pelt from | getting stiff. If you get rained on, just shake your coat—Aqua Sec makes it water repellent as a duck’s ! back! CALL NATIONAL 8800, LAN8BURGH’S SCIENTIFIC FUR STORAGE. . I i i LANSBURGH'S— ! 8ECOND FLOOR. 1 ; I i } « Borah Speech May Turn Tide Plea for Vandenberg Possibly Could Stop Landon Boom. BY MARK SULLIVAN. OP EVENTS remaining that may Influence the nomina tion of the Republican presi dential candidate, one Is the radio speech which 8enator Borah will make May 28. With no impor tant primaries remaining to be held, with the certainty that no candidate has anywhere near enough delegates to secure the nomination, and that a large majority of the delegates will not be instructed for any candidate—In this condition, the largest factor deter mining the outcome of the conven tion will consist of actions that influ pnps fhs mind* Mark 8ulllTan. ran a ir nr trait nnf of the delegates and public opin ion as a whole. Among such ac tions. any formal d e c 1 a ration or plea by Borah must have much importance. Borah, It is quite certain, will say much about what he thinks the Re publican p 1 a t form fhould be. In addition, he ion anmaihina Ho. signed to Influence the choice of the presidential candidate. Washington surmises that whether or not Borah undertakes to influence the selection of the presidential nominee will de pend on whether he thinks it feasible to nominate Senator Arthur Vanden berg of Michigan. From the beginning well-informed Washington has thought that Borah is better satisfied with Vandenberg than with any of the other candi dates. If, as the cards lie today, nomination of Vandenberg seems fea sible, Borah may undertake to bring it about. Such an undertaking by Borah would have formidable conse quences in the convention. Many Supporters. There are many besides Borah who think Vandenberg would be an excel lent nominee. Those Republican lead ers who especially prize the quality of fighting aggressiveness in the com ing campaign feel that this quality would be found strikingly in Vanden berg. Newspaper accounts, whether accu rate or not, have frequently said that Borah feels no enthusiasm for the nomination of Gov. Landon of Kan sas. Some newspaper accounts have given purported reason* for this atti tude. The presumed objections to Landon have had leas to do with the Governor himself than with some who support him. It is said that Landon Is impaired as a candidate because he is favored by the so-called "old guard" Repub lican leaders in the EaAt. There is little in that. In the first place, there are hardly any Republican leader*, old guard or otherwise, who control measurable groups of delegates. It Is most doubtful If in the entire East or West there is one Rennhliran lead. er who can deliver hla entire State delegation. So far as Republican leader* In the East have been for Landon, It Is merely because they Judge him, so far, to be the strongest candidate w'ho comes from the Middle West. From the beginning, the Eastern leaders have accepted it as a condition that the Republican presidential nominee this year cannot come from Eastern territory and cannot represent mark edly conservative sentiment. They have assumed the nominee must come from the West or Middle West. They have merely waited to see what candi date mo6t fully represents the West, and which would be likely to get the largest vote in the West. May Turn to Vandenberg. As time has passed the Eastern Re publican leaders have come to be lieve Landon to be the one whom the West, especially the Middle West, most wants. If they could be con vinced today that Van den berg is equally strong In the West, they would as willingly support him for the nomi nation. Again, newspaper stories say Borah Is reluctant about Landon because large business Interests support him. There Is little in that either. The large business Interests, like the East ern Republican leaders, know that the Republican presidential nominee must reflect progressive Republican sentiment, must reflect the Midwest, and must be that candidate who is likely to get the largest number of votes In the Midwest and West. Clear ly, Landon meets this specifica tion. He got more votes than even Borah In the one Western State, South Dakota, In which the two ran against each other. The largest reason why business Interests are especially at tracted to Landon Is the same reason that has commended him to all classes, the chief reason for his leadership in the race, namely, the record for economy and administra tive efficiency that he has mads as governor of Kansas. Oil Smudges Camouflage. Yet again It Is said there U objec tion to Landon on the ground that he is supported by oil interests. About this, detailed stories have been circulated. The stories are without foundation. True, Landon, before he became governor of Kansas, while In private life, was in the oil business. His career has been that of an in dependent operator. That his neigh bors and associates in the oil business should be enthusiastic for him is natural. Persons close to Landon are fuUy aware of the political dynamite in oil. They are sure Landon has no asso cm llUIl UUU WUU1U UUtAC iuui me a pedlent u a candidate. Indeed, these so-called “oil stories’’ are discussed not at all as valid objections to Lan don as candidate or as President. The only weight conceded to them lies in the possibility that artful and misleading use of them might be made by the New Deal campaign managers and publicity men. It may be that, for one reason or another, Borah may not concern him self with the selection of the presi dential nominee. He may confine himself to the platform. In this he will find comparatively little difficulty. As respects four-fifths of the Ideas with which Borah is Identified, there Is agreement on the part of the forces within the convention. There Is agreement about the Constitution, about the authority and sanctity of the courts, about the rescue of the individual from oppression from Gov ernment bureaucracy, about the pro tection of small business from the New Deal conception of society that U'Q c ovnroccoH in XT D 4 4. agreement with Borah about monop oly—it is quite certain the Repub lican platform will strongly condemn both private monopoly and monopoly fosteren and controlled by govern ment. These ideas of Borah will be in the platform, whoever is the nom inee. If the nominee should be Lan don, the platform will go strikingly far in the direction of that Western progressivism of which Borah is the leading exponent. FRANCIS TUBINS DIES AFTER LONG ILLNESS Francis Tubins, 74, formerly en gaged in the wholesale sea food and game business, died yesterday at his home, 1322 Holly street, after a long illness. Mr. Tubins. a native of England, came to this country at an early age and for the last 45 years had been a resident of this city. He retired from business about 30 years ago. He is survived by his widow, Mrs. Estelle Tubins, and a daughter, Mrs Ethel E. O'Brien of this city. Funeral services will be held at 2 p.m. tomorrow at Hines' funeral home 2901 Fourteenth street. Burial will be in Glenwood Cemetery. This Changing World Nye and His Probers Give War Debtors Big Talking Point in Attempt to Have U. S. Reduce Amounts. :_ BT CONSTANTINE BROWN. DESPITE the official statements from London that there U no money in the British treasury to take care of the debt to the United State*, conversations for the settlement of the war debts are In the offing. This does not mean that the debtor nations will pay right* away; the discussions are likely to be protracted, but they will begin in the course of this year—probably before next Pall. The French government is likely to offer the insignia of the Legion of Honor to Senator Oerald Nye and the British government might be induced to offer him the O. B. E. (Order of the British Empire) for “services rendered” to the allied cause. Senator Nye does not know him* he has given the two debtor gov ernments for a drastic reduction of the war debts when he exposed the enormous profits made by the arms manufacturers during the war. 8ay the British and the French governments: “If the ammunition makers have made illicit gains out of the United States Government, do you realize what preposterous prices they have charged us? We have paid twice and three timer the price paid by the United States for every shell and every cannon we have purchased In your country.” It la true that they used to say that before, but now they have the official record of the Senate's Investigating committee to base their claim that they had been gypped during the World War. * • • • A belated explanation of why the Ethiopian brigands have attacked so fiercely the American Legation at Addis Ababa is offered by diplomats. The Ethiopian people, they say, are news-minded. They have been reading stories in Ethiopian papers about the United States refusing to put an embargo on the export of oil to Italy. This, the Ethiopians believed, enabled Mussolini’s forces to Av their planes and defeat Selassie| armies. Hence the hatred against the United States expressed in repeated attempts to enter and sack the legation. ^ Of course the diplomats who expound this theory overlook the fact that 98 per cent of the Ethiopians can't read or write, and that the vast majority of Selassie’s warriors believe that airplanes are flown by angels or devils, and have no Idea that gasoline Is necessary. • • • • The new King of Egypt, young Faruk, is considered one of the nicest rulers in the world. He has the smoothness of a well-born Frenchman. As a matter of fact, he Is part French. HU mother was the direct de descendant oi uoi. oeve, one oi napoieon a omcers, wno went to Egypt alter the battle of Waterloo. Col. 8eve organized the Egyptian Army, became of Moslem, married four Egyptian princesaes and was raised to the rank of Pasha. Faruk as a young boy was suppoaed to have strong leanings toward the French. For this reason the British government Insisted that he should be sent to school in England. The British have learned their lesson. The late King Fuad had been educated in Italy and for a while was an Italian cavalry officer—hence his secret devotion to Mussolini’s country. Faruk is an accomplished sportsman and has not had time to learn anything about politics—especially Egyptian politics. For two years he will be a tool in the hands of the regency. whUe the British high commissioner In Cairo will endeavor to inoculate him with admiration for the British Empire. HU short stay at Kingston Hill on the Thames has not been sufficient to make him what the BrltUh government wanted him to be—a devoted admirer of-.. . ____ the British institutions. je • • • • — A well-known Paris music hall boasts of a famous dusky star—Miss Woeaero Manen, Selassie's personal arch spy. Woeaero Manen's talents for the secret service were discovered by the late Col. Lawrence of Arabia, when ^ the British government decided to V depose young King Lidj Yassou. who ^ wanted to join the central powers. one netpea oetasste 10 occupy ine oimopian inrone. w nen the hostilities between Italy and Ethiopia broke out, Manen, disguised as a beggar, went to Lybia and obtained important information for the Ethiopian general staff and especially for the British intelligence service. Drgssed in perfect Parisian clothe*. *he went to Geneva to ‘‘help” the Ethiopian delegate at the League. Now she is out of a job and pretty well broke. She still has her fashionable French clothes. They have helped her to get a well-paid Job at the Follies Bergeree. Cardinal Lepicier Near Death. VATICAN CITY, May 20 (*).— Alexis Cardinal Lepicier, 73, only French member of the Curia, received extreme unction today. He has been 111 a month oX a complication of diseases. Nurse* to Be Graduated. RALEIGH, N. C., May 20 (JP).— Seven senior nurses will receive diplo mas here tonight at annual com mencement exercises of the State Hospital School for Nurses. Dr. J. K. Hall, psychiatrist, of Richmond, Va. will address the class. 6 x 9, each .... 2.00 3.00 8x10, sack.... 3.50 4.00 f xl2, sack .... 4.00 8.50 ..l 0.50 8.50 I The Perfect Tea for !€££> tlA _ *17 Speculation Over Blum Runs High France Curious to Learn What New Chieftain Plans. BY EDGAB ANSEL MOWBEB. (Copyright. ISIS by th* Chicago Dally New*. Ine ) PARIS, Prance, May 30.—Prance and Europe are waiting Impatiently to gee who will participate in the coming French “new deal cabinet’1 and what that cabinet intends tc do. Meanwhile curiosity concern ing Premier-Designate Leon Blum has reached a pitch rarely seen in Prance Before Blum’s flat In an old build ing on the Qual de Bourbon of th< Be Saint Louis in Paris there Is a constant group of 40 or SO people more or less mothered by several po licemen—waiting for a chance to see the new premier—who is not yet pre mier—as he enters or leaves his home Some of them are faithful Socialist! otuiyky urouuuo tu buuw lucir lauu to "Comrade Leon," a* Blum 1* com monly called by Paris workmen. Some of them are members of other hostile classes who wish to size up their ad versary. Scores Wanted to Attend. This curiosity reached a high point at the American Club luncheon Iasi Friday, where Blum spoke. The Amer ican Club organizers were simplj swamped by requests to be allowed to attend, and these requests cams primarily from two aorts of people— French financiers and bankers, who wanted to hear something about the coming new deal policies, and French aristocrats and the "great burgeois." who seemed to be hopeful of what might be called “MacDonaldixlng' Blum—In other words, being nice to the leader of the proletarians In ordet to take him into the camp of th« privileged. This procedure Is said to have been sometimes successfully accomplished by members of the British ruling class, and one hears numerous stories as tc successes in cases of former labor leaders, who joined this or that British cabinet with "their betters" and whc were gradually undone. .One suspects, however, that such s plan, which is easiest with self-made leaders, will be difficult with Blum who, as a literary man, administrator and politician, has been an important figure in French life for years. Rose Expected to Fall. Somehow, the idea that this tall Socialist of 63 k likely to loee his bearings at the siren call of finance, or what is called high society, is not convincing. The other aim of the beaten eon ■ aenatiiu i. -_S_ _ new administration before It can start The most extraordinary stories are started, such as that the front popu late Intends to actuate bolshevism. After the election a panic started on the French exchange with enor mous gold withdrawals. Then Blum was persuaded to make a mildly reassuring statement. The panic stopped like magic. Word went around that Blum nad been taken Into camp by Jean Tannery, director of the Banque de France, and finan cial circles. This correspondent suspect* th;1 what really happened was that finan cial leaders saw that the panic wa> working too fast, and must be stopped or It would break the franc before Blum came into office, enabling the popular front to benefit at th? beginning by a devaluation boom hr all / see of Bill!" 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