Evening star. [volume], April 15, 1937, Page A-13, Image 13

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

Image provided by: Library of Congress, Washington, DC

                
I Broader Power
President’s
Aim
Wants Justices to Write
Decision Amending
Constitution.
BY DAVID LAWRENCE.
PRESIDENT ROOSEVELT has
been good-naturedly taunting
some ol his opponents who
were so cocksure a year or so
ago that the Wagner national labor
relations act would be declared un
constitutional by the Supreme Court.
He has Deen won
dering, moreover,
why one New
York newspaper,
critical of his pol
icies, hailed the
court’s pro
nouncement last
Monday as “a
great decision.”
What Mr.
Roosevelt doesn’t
take into consid
eration is that
many of his crit
ics have been ed
ucated into reali
ties which did
David Lawrence.
not exist last year, and the implica
tion of which even Mr. Roosevelt
himself has thus far declined to rec
ognize.
Up to a few weeks ago hardly any
lawyer of consequence who had fol
lowed Supreme Court decisions would
have hesitated a moment to predict
that the court would invalidate the
Wagner act on the ground that “pro
duction is not commerce,” and that
employer-employe relations are not
subject to Federal regulation.
But this was before John L. Lewis
gave a sensational demonstration of
his power. This w7as before any na
tional labor organization had suc
ceeded in paralyzing interstate com
merce in a major industry, and before
that same national organization had
begun to issue threats to tie up other
major Industries as well.
Openly Boastful Xow.
Prior to the time the “sit-dow7n”
strike technique was developed, labor
leaders never ventured to stop inter
state commerce and boast about it
openly. They avoided any such ac
knowledgment of purpose. But to
day Mr. Lewis, with his dictatorship
over government, and particularly
with the influence of his organization
over White House policies, has ac
tually proved how Interstate com
merce can be stopped and how his
political power can keep the head of
the Federal Government from daring
to speak out against his tactics.
So skillful is Mr. Lewis and so suc
cessfully has he maneuvered White
House policy into passive acquiescence
that when Congress, pressed by public
opinion to denounce "sit-down”
strikes, drafts a resolution it is so \
handled by the President’s agents I
in Congress as to spare Mr. Boose- '
velt the necessity of approving or
disapproving it. A "concurrent” reso
lution was the method chosen, be
cause, unlike a joint resolution, it
doesn't require presidential signature.
Saw Ominous Realities.
In the face of such power and in
fluence exercised by a national labor
organization to tie up interstate com
merce the Supreme Court saw the
ominous realities. Whatever theoreti
cal limitations It might have dis
cussed In the past in ruling that pro
duction Is not commerce were of
academic value compared to the
plain evidence that commerce itself
was actually being interrupted by
physical violence or threats of vio
lence and that restraining orders of
a State court were proving futile. It
was a lesson in "obstruction” to in
terstate commerce more realistic than J
any precedent of words or theory.
The White House, incidentally,
would prefer to discuss other phases
of the latest decisions of the Supreme
Court. It is logically asserted by the
President's spokesmen that the Su
preme Court has done nothing which
affirms the power of Congress to
enact a minimum wage law or a law
to fix maximum hours. Indeed, the
President is represented as somewhat
doubtful as to whether or not the
decision invalidating the Guffey act
last year has been overruled.
No Overriding of Guffey Case.
A careful study of the latest de
cision will reveal that there has been
no overriding of the Guffey case.
In that instance a scheme for regu
lation of wages and hours was pro
mulgated by Federal statute, and
this was by a virtually unanimous
court brushed aside as invalid. The
minority in that case did not defend
the labor provisions. Today the Su
preme Court has limited itself in the
Wagner act cases to the simple ques
tion of compulsory negotiation and
collective bargaining. Nothing else
has been touched by the cases just
decided. There is no Federal power
to regulate wages and hours. The
Federal power, according to the
court, extends to the right of Con
gress to set up a machinery to adjust
labor disputes.
For these reasons it is natural that
Mr. Roosevelt, considering his point
of view on the need for reorganiza
tion of the Supreme Court, will con
tend that he has not yet obtained
what he wants. What he desires is
not simply five justices who will de
cide things even partially in his di
rection, but nine justices who will go
the whole way—giving to Congress
which nowadays means the President,
the power to regulate hours and fix
wages in all industries engaged in
or affected by interstate commerce.
Prefers Short Cut.
The President wants the justices
to write decisions which will amend
the Constitution. He prefers this as
• short cut to the supposedly round
about process by which amendments
have hitherto been written into the
Constitution, namely, by letting the
people vote on specific issues. He
has chosen to place his entire reliance
on judicial Interpretation as a means
of changing the fundamental rules
of constitutional law in America.
And since he alone is to pick the new
Justices, and since he controls a ma
jority of the Senate, which has to
confirm his appointments, it may be
assumed that he will pick justices
whose attitude and views correspond
to his own, namely, that the Con
stitution should be amended here
after by judicial interpretation.
In other words, the oft-twisted
words of Charles Evans Hughes, ut
tered 30 years ago, before he be
came a Supreme Court justice, name
ly, that “the Constitution is what
the judges say it is,” will have as a
eequel now a new slogan or motto:
“The Constitution is what the Presi
dent tells the justice* to say it is."
fCoprrltht, 1037.)
A
News Behind the News
Education Subsidy Bill Opposed By Roosevelt—New
Tax Provisions Reported Drafted.
BY PAUL MALLON.
SPECTATORS nearly fell out of the Senate gallery when Floor Leader
Robinson fought against Finance Leader Harrison’s bill for a $300,
000,000 annual Federal education, subsidy. It was as if Damon had
struck Pythias.
Administration Senators could not ascertain which leader to follow,
as both are supposed to represent whatever President Roosevelt wants.
The answer is Mr. Roosevelt will veto the Harrison bill if it ever gets
to him in its original form. Senator Harrison had so^e private advice
from the White House to that effect.
The President’s strongest objection to the bill is that it allocates
the money to States automatically on the basis of their relative popu
lation, giving Mr. Roosevelt no say-so whatever in the distribution
of the funds. He may not mention it in his veto message, but if
any spending is to be done, Mr. Roosevelt wants to do it.
After all, the people might just as well elect a Republican President
if they are going to get their share
of the Federal loot automatically
and not from the presidential
hand.
Note—An amusing angle of
the Harrison perpetual subsidy bill
is that Senator Harrison is a lead
ing advocate of economy, balancing
the budget and an ardent opponent
of increased taxes. So much in
consistency has developed here
lately, however, no one takes the
J /'.PONT''
RJ j BRING HIM
i\l* VtWL.'y
pl/T.HEb HAkMIL5> |
/t I
trouble to mention suen tnings any more.
* * * *
Mr. Morgenthau’s facile tax-maker, Herman Oliphant, counsel to the
Treasury, is supposed to have drafts of several new tax law provisions hidden
somewhere about his person, probably in the sole of his shoe.
The ideas were taken out and discussed at a secret meeting of certain
congressional leaders and Treasury authorities, but they failed to arouse
any enthusiasm whatsoever. The Congressmen were almost violently
opposed to any tax legislation of a general character. One leader is
supposed to have informed the Treasury that, if it wanted a tax bill, it
would have to get another congressional leader to handle it.
That threat will not be carried out, but it reflects the deep
bitterness of all congressional leaders to the thought of additional
taxation. They ivant to pass a resolution continuing excise taxes
which expire soon, and let it go at that.
The warmth of their opposition and other considerations have delayed
a decision as to whether there is to be a tax bill. The decision will be
made around May 15.
* * * *
The only one who had an unkind word to say immediately about the
Wagner decisions was John Lewis, who made his workers sit down and the
Nation sit up.
No one in the know considered it strange that the leader of labor
thus denounced labor's great victory in the courts.
If the decision is fairly enforced by the Labor Relations Board.
Mr. Lewis will become a mere agent of labor. He will lose his power
to call sit-down strikes, his power to dictate hours and wages. His
political prestige will wane.
The board will become the dictator, not Mr. Lewis.
* * * *
Many a politico on Capitol Hill is surmising that the mam reason
for continuance of the President’s court fight is to pack it for future
White House generations.
They know of only one other legitimate reason for pursuing the
issue. If the court is packed, the A. A. A. crowd might be able to revive
a stronger production control program. The truth is A. A. A.-ers probably
have enough power now. to effect their purposes, although they would
■ juSta
k minute
Jnio/
coy*T
sooner die than admit it while
the President is using that as an
argument justifying his court
program.
Nothing is now pending in the
court to make packing advisable
from a White House standpoint.
The only case yet to be decided is
the processing tax case, which
might cost the Treasury a billion
dollars if decided against it. An
other is the Alabama unemploy
ment insurance tax, but indications are the court will certainly uphold
that by a 5-to-4 opinion. The court was divided, 4-to-4, on the same question
in the New York case when Justice Stone was absent. Mr. Stone clearly
hinted, in his questioning of counsel during recent arguments, that he
believes the tax should be upheld.
Pev; accept seriously the suggestion that the court might change
its mind again, or that wage and hour legislation might be declared uncon
stitutional, if carefully drawn.
* * * *
Justice Roberts has been working in his office at night frequently.
The watchman noticed him plodding out rather late and suggested to the
justice that things were coming to a pretty pass when a Supreme Court
had no maximum hours law.
"Yes,” ruled Mr. Roberts, “no sit-downs for us.”
A leading Government attorney beamed at the Wagner victory.
Particularly he liked the dissenting opinion of Justice McReynolds be
cause it appeared to give some substance to the President's contention
that the court was illiberal. Said the Government attorney:
“Justice Hughes saved the court and McReynolds saved the President.”
(Copyright, 1937.)
NURSE HELD SUICIDE
AFTER LONG ILLNESS
Miss Agnes Campbell Found
Hanged in Home of Mrs.
John C. Letts.
A suicide certificate was issued to
day by Coroner A. Magruder Mac
Donald following an investigation into
the death of Miss Agnes Campbell,
47, companion and nurse to Mrs.
John C. Letts, widow of the founder
of the Sanitary Grocery Co. Miss
Campbell hanged herself with a dog !
leash in the Letts' home, 3200 Ellicott
street, late yesterday.
Dr. MacDonald said he was unable
to establish any motive for the act.
Miss Campbell had been employed by
Mi's. Letts 11 years. Her body was
found by a housekeeper.
F. S. Milberg, official reporter of
debate in the House, a brother-in
law of Miss Campbell, said she had
been in ill health suffering from
heart trouble six months.
Unemployment In Germany has
dropped 667,119 to 1,853,000 in the
last year.
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CJ^HE opinions of the writers on this page are their own, not
necessarily The Star’s. Such opinions are presented in
The Star’s effort to give all sides of questions of interest to its
readers, although such opinions may be contradictory among
themselves and directly opposed to The Star’s.
Only the Beginning
Supreme Court Decisions Momentous, But Roosevelt
Wants More Than Power to Regulate Labor.
BV MARK SULLIVAN.
BECAUSE the Supreme Court
last Monday gave Mr. Roose
velt a decision he desired, it
was supposed that he might
abandon his fight to change the court.
That supposition misjudged the factor
of human psychology and Mr. Roose
velt’s variety of
human nature is
exceptionally hu
man. Also the
supposition un
derestimated what
Mr R o o s e v elt
wants from the
court and why he
wants a court
that will reflect
his wishes.
What the court
did on Monday is
momentous. But
compared to what
Mr. Roosevelt
wants, it is only
Mark Sullivan.
a beginning. Mr. Roosevelt s program,
If he can carry it out, will take Amer
ica on a long path. The revealed
part of it is long enough. The part
that is unrevealed is longer yet. Not
all the later steps are known yet even
to Mr. Roosevelt himself. The longest
part of the path is the more distant
part—the steps which Mr. Roosevelt
does not yet realize he will take but
which will be forced upon him as
inevitable consequences of his first
steps. Even for the immediate steps
he already has in mind, last Monday’s
decision is only a faint franchise of
power. Mr. Roosevelt wants more,
much more, than right of the Federal
Government to regulate labor every
where.
Pressing on With Vigor.
And so, far from abandoning the
fight to change the court, the admin
istration is pressing it with the vigor
of an army which has won a prelim
inary skirmish and now drives forward
with heightened mora'e to the major
battle. Not from the administration1
side comes any talk of relaxing the
fight. So far as any such sentiment'
has emerged, it comes from the op
ponents of the President’s proposal.
With a manner of expectations out
raged they say, in effect: “Now that
the President has got so much that he
wanted, why does he press for more?"
Yet it is true that in the Senate the
opposition to the President’s court
proposal is a little stronger than it was
before last Mondays’ decision. There
are in the Senate men who hate to!
take a position. These are the un
knowns whose going one way or the
other will decide the outcome. Their
hearts are strongly opposed to chang
ing the Supreme Court, but their sense
of political expediency makes them
hesitate to oppose a popular President.
Some of these now have an alibi
which will permit them to follow their
hearts. To the headlong partisans of
the President in their constituencies,
they can say that the President has
now got much that he wanted. With
this Justification they can now join
the opponents of the President’s court
proposal. Perhaps the opposition, as a
result of the court's recent decision,
will acquire two or three recruits.
Chance for Compromise.
Also, last Monday’s yielding of the
court has created an atmosphere in
which some uncomfortable senatorial
followers of the President have the
opportunity for compromise. Com
promise would at once salve their
consciences, partially placate both
groups of partisans among their con
stituencies and save face all around.
A compromise that is beginning to
emerge in quiet conversations would
give the President power to appoint
two Justices instead of six. The figure
two is arrived at in an ingenious way.
There are in the country 10 so-called
‘‘circuits.’’ Historically, there 1s sup
posed to be one Supreme Court justice
for each circuit. Historically each
Supreme Court justice had a direct
relation to his circuit. In the ancient
days, he used to "ride circuit” on
horseback. Practically all this relation
between a Justice and his circuit has
disappeared: but enough remains to
form the basis of a compromise now.
The compromise would add one new
Justice to the court's present nine,
in order to have one Justice for each
circuit. This would cure the situation
in which, at present, one justice, Mr.
Van Devan ter, has two circuits. Then
the compromise would say that the
Chief Justice ought to be freed from
responsibility for a circuit—he should
be supervisor over all the circuits.
Thus the compromise would add yet
one more justice. It would result in
two new justices in all, and a Supreme
Court of 11 justices instead of 9.
Pass "Buck” to Congress.
One consequence of last Monday's
Supreme Court decision will take time
to sink into the minds of those most
affected. The Supreme Court, in a
sense, has passed back to Congress a
"buck’’ which Congress has long been
passing to the court. In effect, we
can imagine the court saying to Con
gress something like this:
For years you have been writing
laws which were unconstiftitionai and
which you knew to be unconstitutional.
You have been voting for these meas
ures because they seemed to be popu
lar, or because a popular President
demanded them. In one recent case,
the original Guffey coal bill, you voted
for It because the President told you
that he hoped you would vote for it
in spite of any doubt you might have
about its constitutionality. That was
an improper thing for a President to
ask and an improper thing for you to
do. Both the President and Congress
are supposed to have just as much
responsibility and regard for the Con
stitution as we on the Supreme Court.
You have been passing laws which you
knew to be unconstitutional, and other
laws which you knew to be badly
written and in other respects undesir
able. You have voted for these
measures, saying to yourselves, Oh,
well, anyhow the Supreme Court won’t
let it stand.’ You have said to your
selves that the justices of the court
didn't have to go before constituencies
for re-election and therefore the
court could afford to be the goat.
Well, for the time being, the court is
not going to be the goat. You mem
bers of Congress have got to live up
to your responsibility.”
Congress Is Going to Wake Up.
When Congress realizes that the
court, in part at least, takes this posi
tion, much of Congress is going to
wake up. It is going to wake up
about the Wagner law. The court
only held the Wagner law to be within
the Constitution. The court didn’t say
whether it Is a good law or a bad one.
Much of Congress, and many out of
Congress, know it to be badly inspired,
badly written, and generally unwork
able. It was Mr. Walter Lippmann,
I think, who called it, at the time it
was enacted two years ago, "a legis
lative monstrosity.’’ It is now up to
Congress to perform several surgical
operations on the act.
The awakening in Congress will be
explosive when the Southern Demo
crats, who now compose the New Deal
leadership in Congress, realize how far
the Wagner act, which the court has
upheld, involves State rights. Since
last Monday, there is doubt whether
enough is left of States' rights to pro
tect the South in its cherished pre
rogative of conducting its own
elections without interference lrom
Washington.
(Copyright. 19X7.1
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the last year.
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We, the People
Vote in Congress on Sit-Down Strike Seen Tip-Off
As to Support for Court Bill.
BY JAY FRANKUN.
THE vote* In the Senate and the Home of Representatives on the sit
down strike situation provide a pretty reliable tip-off as to the
support the President’s judiciary reform bill will get when it is
reported to Congress.
On the whole, the same group with the same backers who are fight
ing the reform bill are also anxious to have the Government “do some
thing" about the sit-down situation. Party lines are broken on both
questions and neither problem was directly involved in the commitments
“£5*1
of the 1936 campaign. The Senate
voted down the Byrnes amendment
to the Gulley coal bill, condemning
slt-downlng, by 48 to 36, with 12
Senators absent or paired. This
result flts in with the New Deal
estimate of a Senate victory on the
court-packing plan by at least 10
votes.
In the House, the question
came up in the form of a proposal
for an Inquiry to Investigate the
Mi-aown prooiem. « was introduced by Representative Martin Die* dle
w d ? member 01 powerful Rule* Committee,
which still is headed by Mr. John J. O'Connor, Tammany die-hard from
New York.
The Dies proposal was eagerly supplied by the Republicans—
and was interpreted as a plan to embarrass and weaken the Presi
dent. The vote against the resolution was 21) to tally which
recalls Maury Maverick’s estimate that the Rootes;eit plan would
pass the House with about 100 votes to spare
For all practical purposes and barring a mira/ > the court fight ha*
been pretty well won by the administration, thank* to the support of the
people whose sovereign power has been challenged by trie Federal courts
* * * *
By a happy accident, a biography of the late arch-Republican Elihu
Rooj,' hps, Just been written by pb>lip C. Jessup and fa;, been running
ii°n the, day the H0U8e gav* Martln DlP» thp well-known
works, the following letter from Root to a friend, at the time i- was
reported that Theodore Roosevelt had offered him the chief Justiceship
of the Supreme Court, appeared: ,p
"The President offered me,” wrote Root, who was then aged 63 "the
, “Sr" jUStiC€ 10 1111 1116 vacancy to which Moodv was
appointed and I told him I was too old and would not take it. I am
inclined to think that I should say the same thing about the chief Justice
ship. I shall never have occasion to, however, because Fuller will gtav
indefinitely, and, as Vest said about old Senator Morrill, they will have
to shoot him on the day of judgment. He will cling to the bench with
his last expiring ray of intelligence, and when that is gone he will be
incompetent to resign or retire.”
"Incompetent to resign or retire” expresses the feelings of the
New Dealers toward some of the overage members of the present
Supreme Court.
* * * *
And here's something which the strike news crowded out of many
papers. Two Lutheran ministers recently appeared before the Senate
Judiciary Committee in opposition to the Judiciary reform bill which *hev
assailed as "dangerous to religious freedom.”
„ v‘ j: .Y' Behnken of Oak Park. 111., president of the Missouri Svnod
a Nation-wide organization representing over 1.000,000 members of the
Lutheran Church, one-fourth of all American Lutherans, then issued a
statement which is regarded as a masterly rebuke to clergymen whn
meddle in politics. It is also an assurance'that the two SKLvS
Pf- Theodor* Graebner of Missouri and Dr. Gould Wicky of
New York, the latter being general secretary of the Council of Church
Boards of Education—do not speak for the Lutheran Church For Dr
Behnken said:
^ appearance of two Lutheran ministers before the
Judiciary Committee in opposition to President Roosevelt’s court
proposal, the impression has been created that the Lutheran Church
is engaged in political activities, I would like to state emphatically
that such is by no means the case.
the Tntharm0t A^aV0r 811 Lutheran bodies, but the Missouri Synod of
the Lutheran Church, a national body numbering more than 1,000,000
members, does not meddle in poll- . _
ucs, nor does it attempt to influ
ence or dictate in the political opin
ions or affiliations of its members.
"The church's work is spir
itual, not political. It is concerned
about converting men, changing the
hearts of men, making Christians
of men by gospel preaching.
“Such work, as history shows,
thrives under all forms of govern
ment. Such work also trains law
jf Ujthepa v
3 Church does
? NOT EHOA0e l
,N POimcAL l
ACr/v'T/fs ^
abiding citirens who are loyal to their country.
"As for the court proposal, this is a political matter which
must be settled conscientiously and to the best interest of our
citizenry. As church people, we pray that God may grant proper
wisdom to those who are intrusted with these responsibilities, that
they may truly seek the welfare of the Nation."
In this connection it is interesting to note that the anti-Roosevelt
group seems to have dropped the plan to have a prominent Catholic priest
testify against Mr. Roosevelt’s reform bill. The New Dealers had so many
Catholic prelates of far greater influence than the priest under considera
tion who were aching for the chance to support the court plan if their
church were dragged into the question, that the whole scheme was put
in moth balls.
* * * *
The most eloquent proof that the administration is winning its fight
is the loud silence of Senator Bennett Clark of Missouri, who led the first
headlong attack against the reform bill but who now is letting others do
the talking.
(Copyright, 1937.)
An American
You Should
Know
Alexander Dye Strong
Asset to Bureau of
Commerce.
BY DELIA PYNCHON.
THE Bureau of Foreign and Do
mestic Commerce reaches
great tentacles around the
world like a giant octopus, it
sucks in commercial information that
enables the American importer and
exporter to function.
Alexander Dye, director since 1936,
Alexander D»e.
brings to the bu
reau ft contribu
tion of world un
derstanding and
experience that
should add
greatly to world
commerce devel
opment.
The bureau is
25 years old this
year. Imports
show an Increase
due to drought
and prosperiti.
Exports show a
52 per cent in
crease over 1932.
aignincantly due partly to prosperity
and partly to rearmament in Europe.
Twenty divisions, with a total per
sonnel of 1,100, keep commerce wheels
running. Thirty-four foreign and
25 domestic offices keep wires hum
ming. One hundred and fifty reports
are received daily on world trade con
ditions.. Here you will find basic
statistics that are used by all gov
ernmental departments that deal m
commercial matters.
Varied in Activities.
Mr. Dye is a personable and friendly
man, with an appreciative smile and
a steely glint in his blue eyes that
mean •'business.” His life runs a
gamut of philosopher, professor, busi
ness man, cowboy, traveler. They have
brought him many posts of responsi
bility in Government service and have
kept him abroad most of his life.
A native of Flora. Illinois, Dye
started his education at William Jewel
College, Liberty, Mo., graduating in
1901. He continued his academic
career at the' University of Leipzig,
Germany, where he was made a doc
tor of philosophy in 1904. Returning
to his alma mater, he taught lan
guages five years.
Suddenly Dye said, "I revolted
against the academic life. I wanted
action, and I sure got it.”
In 1909, as American Consul at No
gales, Mexico, for four years, he saw
plenty of action. The revolution
against Diaz was under way. Pancho
Villa was on the rampage. Obregon
and Calles were then revolutionary
generals, with whom Dye often dined.
Mining Work in Arizona.
In Arizona he saw action in a four
year association with the Phelps
Dodge Oorp., a mining venture "It
was a troublous period of many
strikes,” Dye says.
In 1917 he went to Norway as rep
resentative of the War Trade Board.
For his services he was decorated with
the Order of St. Olaf.
He associated himself with the In
ternational Associational Corp., which
led him all over Europe. In 1921 he
entered the Commerce Department,
became trade commissioner in Lon
don, commercial attache at Mexico
City and Buenos Aires. He did much
to further American foreign trade.
Once Dye’s train was derailed in an
Argentine swamp, pinning the fire
man under the boiler. Dye rescued
the man. Current newspapers called
it “a typical bit of Yankee heroism.”
Russia’s Exhibits.
Russia's exhibits at the Paris Ex
position will include mechanical mod
els of the port of Leningrad, the loco
motive works in Voroshilovgrade, the
new- Socialist agricultural city in
Kabardino-Balkaria and the Moscow
Volga Canal.
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Boik on exciasiye golf
lasts, of finest leathers,
" with "Keep-Dri** soils,
and patentedremovable
steel calks.
HAHN TRU-MOCS
Golf or sports shoes with spiked leather or crepe soles. Genuine moccasin
construction in which you walk on a smooth piece of soft upper
leather that extends completely around your foot. A truly "7 IT
American outdoor shoe giving utmost comfort_ ^