Its Right to
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
try talking to
ing over the radio
denying that the
Court the right
to declare acts
of Congress un
The most com
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
“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
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
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
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
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
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
Behind the News
—■ ■ ■ — -.. .—
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
* * * *
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
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
* • * •
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
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
• • • •
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.
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
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
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.
! LET LANSBCRGH’S
| CLEAN, GLAZE AND
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,
! 8ECOND FLOOR.
Plea for Vandenberg
Possibly Could Stop
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*
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
Borah, It is
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.
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
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
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
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
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
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
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
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
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
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
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
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
The Perfect Tea for
France Curious to Learn
What New Chieftain
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
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«
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
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
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
> ’ A a , J A
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