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Constitutional Issue Raised in Spending Mirth Voiced in House Over $5,000,000 Fair Fund Veto. BY DAVID LAWRENCE. SOMETIMES there's a ripple of laughter in the House of Repre sentatives and it doesn’t get mentioned in the official pro ceedings. And often the laughter is not at all justified. Thus there were members who laughed when they heard the clerk read a veto message from President Roose velt's refusing to sign a bill appro priating $5,000, 000 for Federal participation i n the New York World's Fair on the ground that It was unconsti tutional Instead of be ing a subject for banter, the fact David Lawrence. that Mr. Roosevelt sends a message to Congress upholding the constitutional precedents is a cause for approbation. It is a sign that the campaign which has been waged for the last two years against the executive branch of the Government because it has held too lightly the basic precedents of con stitutional law is at last having some effect. Not long ago, it was said by sup porters of the President on Capitol Hill that the attack on the Supreme Court was having a salutary effect on the justices’ opinions, but not until the message on the New York World's Fair was disclosed could it also be contended that the eontroveersy over constitutionalism had made a deep impression at the White House, too. Acted on Cumming's Advice. The legal points involved were not disclosed in any detail, though the President said the members could have s copy of the Attorney General's opin ion for the asking. There was enough in the message, however, to reveal that Mr. Roosevelt was by no means con eerned so much about the wording of this particular measure as he is about the powers of Congress In general. The President signed a bill almost Identical with that of the New York fair when he approved the Texas Cen tennial bill. In that case, however, the delegation of power to administer the affairs of the Federal commission which takes care of Government's official representation in a fair was to an individual known as a commissioner general and he was appointed by the President. The commission itself was composed Jn the Texas case of cabinet officers end it had practically unlimited au thority to spend the public funds as it pleased. The Texas folks are reported to have really needed only about $1,500,000 and they got $3,000,000. The New York delegation in Congress asked for $5,000,000 and they will get about $3,000,000. Aside, however, from the sums ap propriated, the interesting thing is that in the Texas case the Congress merely delegated its powers to a com mission to be appointed by the Presi dent and only cabinet officers were to serve on the commission. In the Ne5w York case, on the other hand, Con press decided to delegate the spending to a commission composed of seven members, only three of whom were cabinet officers and four of whom were members of Congress. Spending Discretion With Executive. According to the New Deal concept of constitutionalism, the members of Congress are not to be trusted to sit on commissions which have plenary power to spend money. Indeed, under the rules nowadays even the Congress Isn’t permitted, so to speak, to pre scribe how its funds shall be expended, end the bulk of appropriations in the last four years have been discretionary with the executive branch of the Gov ernment. The Attorney General’s opinion quoted by the President states that the method of spending the funds stipulated in the bill ‘ amount to an unconstitutional invasion of the prov ince of the Executive.” This is not altogether new. It will be recalled that, President Wilson vetoed the first budget bill early in 1921 because it contained a clause Whereby Congress delegated certain powers to the controller general, who was to be in effect appointed by Con press. Later on. with some slight changes, the measure became law under the Harding administration, but the point always has been discussed as of doubt ful constitutionality. May Be Arming for Battle. It may be that Mr. Roosevelt is getting ready to have a battle on this very principle when he proposes to do away with the office of controller general in the legislation whereby a reorganization of the executive de partments of the Government is to be effected. Anyway, there was no reason for levity in the House when it turns out that Mr. Roosevelt is endeavoring to obey the Constitution as he understands it. So far as Con gress is concerned, it may well won der why it can delegate to an official the right to spend $3,000,000 as he pleases and it cannot delegate the spending to anybody appointed by an executive commission of seven, of •whom members of Congress happen to be in the majority. As a matter of fact, Mr. Roosevelt might even at this late day have raised the whole question of why members of Congress should ever sit on execu tive commissions of any kind. For there is a clause in the Constitution Which says: "No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created * * * during such time.” Literal obedience to this might have cut off members of Congress from various travel junkets in the past and this probably would be going too far m a precedent in view of the ap proaching Summer months. CCopyrlgtit, 193? J 40 SHOT IN BATTLE Xorean Police Clash With Bandits Raiding Border Town. SEOUL, Korea, May 22 (/P).—More than 4C persons were killed or wounded late last night in a battle between police and bandits, armed with ma chine guns, who raided the border town of Hotaili and kidnaped 20 vil lager*. The bandits fled into the in t/»rir*r News Behind the News Administration Renounces the New Farm Program as Its Baby—O’Neal Willing to Claim It, However. BY PAUL MALLON. THE administration seems to be positively bored with the new agricul tural program. President Roosevelt says it is not administration legislation and he does not know whether he is for it Agriculture Secretary Wallace yawned the other day that it was not his baby and, in fact, he did not like its tariff reduction proposal. House Farm Chairman Jones is being quoted as murmuring drowsily that the hearings may last a long, long time because it is not an administration bill and must be looked into carefully. Farm politicos are telling newsmen to point out rtearly in their stories that it is not an administration bill. ^2SSi5S>t\ S\ These four negatives may not make an affirmative, but they cer tainly make a very interesting situ ation. The most noticeable result has been to make every one in Congress and elsewhere a little sleepy. Some say it is just Spring fever, but there is other evidence that it may be just plain old-fashioned political fever. In fact, all observers able to keep their eyes open in the face of these soporific \nfuences agree the bill contains everything the administration wants, from the soil conservation benefit payments to Pharaoh Wallace's ever-normal granary. In other words, it isn't an administration bill, but it Is. * * * * Pare, tage of the child is being claimed by capable Edward A. O'Neal, president of the American Farm Bureau Federation. As a proud father, he will say the Agriculture Department knew nothing about it. If pressed, however, Mr. O'Neal will also add that, of course, his two legal drafters did not have all the necessary statistics and information at hand for their work. They naturally wanted the best dope, and wondered where they could get it. After deep thought, they happened to think of—you guessed it—the Department of Agriculture. Now Mr. Wallace is not the kind of man who would deny help to his best friend, Mr. O'Neal, especially in distress. In his big-hearted way, he agreed not only to send Mr. O’Neal statistics and information, but his own general legal counsel, not to draft the bill—oh, no—but merely to hand Mr. O'Neal a statistic now and then. Of course, some inaccurate newsman here will probably be so inaccurate as to speculate that Mr O’Neal could get a better statistic from one of Mr. Wallace's statisticians than from his lawyer, but every one knows how patient Mr. Wallace has always been with newspaper inaccuracies. There appear to be many reasons why this is not an administration bill, even though Mr. Wallace's lawyer helped to write it. In the first, place, the anti-administration sentiment sweeping Congress will not be directed against the bill, if the farmers espouse it as their own. Congressmen gen erally are ready to give the farmers what they want, even when it happens to be what Mr. Wallace has been saying in speeches throughout the land that they should have. Furthermore, the hill is very drastic in scope, possibly leaning to the unconstitutional side of the A. A. A. decision by the Supreme Court. For one thing, it repeats the Supreme Court phrase about, "the flow of commerce” in the Wagner decision so frequently as to indicate the author himself had his doubts. He might well have, because the bill is obviously designed to control production strongly and effectively in spite of the A. A. A. decision. It carries no State set-up such as the court suggested was necessary to constitutionalize production control. As a matter of fact, certain astounded committeemen were unable to ascertain for several days what the complicated omnibus really does contain, and they are not sure yet. Now. if Congress will just temain drowsy, the bill may be worked around into a position where it can be shoved through the last minute of the session, when every one is anxious to gel, home. Consequently, you must not let your mind become so inaccurate as to believe this is an administration bill or that it will be passed this session. Catch? Another sim-’ar inaccuracy which has been going around is that Air. Roosevelt would send a power message to Congress. The White House announced the other day that the President had no such idea in mind. It was said he in tended to send a national resources conservation message to Congress, another on hours and wages, etc. This was broadcast generally. However, just as a tip, if you will look into the national resources conservation message, you will find me lost power message. Aside from containing some minor points about soil conservation, it was written to conlain major points about a survey looking toward establishment of eight other T. V. A.’s around the country. In the end. therefore, it may develop that this inaccuracy is on the White House for railing a power message a national resource message Mr. Roosevelt's unofficial Attorney General. Tom Corcoran, appeared behind the Senate scenes the other day to take charge of compromise negotiations. (Copyright, 1037.) FARE DIFFERENCE S1IRS PR01ES1 Takoma Park Citizens Also Complain of Sunday Bus Service. Complaints of bus service serving the Takoma Park area on Sundays and holidays and transportation rates will be called to the attention of the District Public Utilities Commission I by the Takoma Park Citizens’ Asso 1 ciation as the result of action taken : last night at a meeting in the Takoma Park Public Library. Dr. Chester C. Waters, chairman of the group's Public Utilities Commit tee, stated that patrons of the Ta koma ’'express’’ bus line are charged a 10-cent fare for a scheduled run of : 33 minutes from Laurel and Carroll i avenues to Thirteenth and E streets, whereas the charge is 7% cents on \ the street car line via Georgia avenue j from Fourth and Cedar streets to Sev enth street and Pennsylvania avenue. A resolution introduced and adopted set forth that “the 2‘4-cent differen tial in fare, with no advantage in running time, appears to constitute unreasonable discrimination against those who have purchased homes in ! the easterly section of Takoma Park." The resolution also “directed the com mission to ascertain the grounds, if any. on which the Public Utilities Commission permits the Capital Tran i sit Co. to charge 2 cents more for j inferior service along one of two par allel routes three or four blocks apart.” The lack of Sunday and holiday I service was brought to the attention of the meeting by Mrs. Samuel Han i delsman. who stated that the only j bus service was via the “shuttle" bus on Kennedy street. ADDITIONAL LIQUOR sums PROTESTED Glover Park Citizens to Op pose Another Permit in Neighborhood. Opposition to more liquor stores in the Glover Park district was voiced by the Glover Park Citizens’ Associa tion, meeting in the Industrial Home School last night. Aroused by an application for a license at Wisconsin avenue and Hall street, members of the organization signed a petition opposing it, ap pointed a committee to appear before the Alocoholic Beverage Control Board and passed a resolution against any more liquor stores in the vicinity. A traffic light at the corner of Wisconsin avenue and Calvert street was advocated. The meeting was the last until next September. DISPLAY CLUB MEETS Support Given to Get 1938 Con vention Here. The National Capital Display Club has won the assistance of New York manufacturers of display materials in its efforts to secure the 1938 conven tion of the International Association of Display Men for Washington. Stephen Vorhees. chairman of the board of design for the 1939 New York World’s Fair, and president of the board, American Institute of Architects, will address the local club at its next meeting Wednesday, it was announced. CTHE opinions of the writers on this page are their own, not x 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. Companion Issue on Court * " 7 ' Roosevelt May Be Able to Control Future Situations That Arose in Humphrey Case. BY MARK SULLIVAN. PRESIDENT ROOSEVELT wants to change the subject. He is going to send a wage-and hour bill to Congress. He is going to make another speech about public utilities—take the “economic royalists" for another ride. He asks Congress to act on his plan to reorganize the executive depart ment. Anything but his court plan. About that he is silent. Nor will he talk about whom he will appoint to the vacancy on the court. The word “court" he does not like to hear. Very well, let us talk about the Mark Sullivan. plan to reorganize the executive department. It has been overlooked in the greater public interest in Mr. Roosevelt's other plan, his plan to reorganize the courts. The two plans are related. If both should be enacted, Mr. Roosevelt would have—I quote a calm-minded person, Walter Lippmann—"personal power greater than was ever conceived possible in the chief official of a con stitutional state.” The relation between the two plans can be made clear by recalling an action of Mr. Roosevelt which is little known, but which, in the light of other actions of his, seems to have significance. Humphrey •‘Fired.’* Soon after Mr. Roosevelt took office. In the busy, exultant early days of the New Deal, Mr. Roceevelt dashed off a letter to a member of the Fed eral Trade Commission, William E. Humphrey. Mr. Roosevelt wrote: "Without any reflection at all upon you personally or upon the service you have rendered * * • I find it neces sary to ask for your resignation. I feel that the aims and purposes of the administration with respect to the work of the commission can be carried out most effectively with per sonnel of my own selection." Commissioner Humphrey did not resign. Mr. Roosevelt wrote again: “You will, I know, realize that I do not feel that your mind and my mind go along together on either the poli cies or the administering of the Fed eral Trade Commission act, *nd frankly I think it is better for the people of this country that I should have full confidence.” Again Commissioner Humphrey did not resign. Thereupon, October 7, 1933. Mr. Roosevelt wrote once more, and finally: "Effective as of this date, you are hereby removed from the offire of commissioner of the Federal Trade Commission.” Court Upholds Humphrey. Commissioner Humphrey protested the legality of his removal. He died soon after. The executor of his estate sued the Government for salary between the time of Commissioner Humphrey's removal and his death. In due course the case came up to the Supreme Court. The court de cided unanimously that Mr. Roose velt's removal of Humphrey had been illegal and that Humphrey's heirs were entitled to $3,043.06. The court was careful to say that its prohibition of summary removal by the President did not apply to ordinary officeholders. It did not apply to postmasters, for example. These Mr. Roosevelt can remove. He ran remove any officeholder who is, as Justice Sutherland put it. "merely one of the units of the executive de partment.” The prohibition applied only to what have come to be called the quasi-judicial commissions, of which the principal ones are the Federal Trade Commission and the Interstate Commerce Commission. These com missions have been given by Congress special functions, which are partly judicial. To protect these functions. Congress gave the bodies a special standing. They were set up to be, in the words of Justice Sutherland, "independent of executive authority * * * and free to exercise its judg ment without leave or hindrance of any other official or any department [ of the Government.” Given^Special Immunity. To make "this protection effective, Congress, on setting up the commis sions, gave them a special immunity. Congress gave them precisely the pro tection they needed against precisely the thing Mr. Roosevelt tried to do. Congress provided that. Members of the commissions can only be removed by the President “for inefficiency, neglect of duty or malfeasance in office.” They cannot be removed for the reason Mr. Roosevelt gave for removing Mr. Humphrey, merely be cause Mr. Roosevelt wanted “personnel of my own selection.” The court's decision against Mr. Roosevelt in the Humphrey ewe came down on the same day as its decision against him in the N. R. A. case, May 27, 1935. (Both decisions were unanimous.) Pour days later, Mr. Roosevelt made his sensational hour and-a-quarter criticism of the Supreme Court to his newspaper conference. Mr. Roosevelt dwelt only ijr. William A. Hooker, chairman of the Memorial and Historical Com mittee, announced that wreaths would be placed on the graves of Benjamin F. Gilbert, founder of Takoma Park; Wilmer G. Platt, former president of the association, and Mr. and Mrs. Angus Lamond, pioneer resideints and organizers of the same body, on May 31. The association went on record opposing daylight saving time and also voted against the erection of a slaughter house at Benning, D. C. Mrs. Chester C. Waters was ap pointed to represent the association at a meeting to be held at the Ta koma, Md., Public Library tomorrow night, when the question of a welfare and relief center for Takoma Park will be discussed. A vote of thanks will be extended to Henry M. Gllligan, retiring mem ber of the Board of Education, for his long and faithful service to the citizens of the National Capital. Announcement was made that the annual election of officers will take place at the June meeting. Wed at 15, Divorced at 17. Married at 15, a 17-year-old wife has received a separation decree at Tottenham, England. Adam A. Weschler & Son, Auctioneers. FINE OIL PAINTINGS the Collection of J. VINCENT GOULD By Public Auction AT WESCHLER'S—915 E ST. N.W. Monday, May 24, 1937 2 PM. and 8 PM. Among the artists represented are: Corot, Inness, Daubigny, Harpignies, Keith. Perrault, Blakelot, A. H. Wyant, Carlton, Wiggins, Van Wyck, Bounglorno, William Hart and others of note. SPECIAL EXHIBITION SUNDAY, May 23rd, 9 AM. to 5 P.M. MONDAY, May 24th, 9 AM. to 12 Noon TERMS: CASH. CATALOGUE UPON REQUEST on the N. R. A decision. He did not mention the Humphrey decision. But it would be human—and Mr. Roosevelt is a very human person—if he felt the court’s rebuff in the Hum phrey case, so personal to himself, even more than he felt its decision against N. R. A. And if he determined to do something about it, such deter mination would reflect both his in jured pride as a man and his belief as head of state, that the quasi judicial commissions ought to be subordinate to the President. This object would not be attained by Mr. Roosevelt’s plan about the Supreme Court, certainly not im mediately. For he only asks power to appoint six new justices, and these would not be enough to reverse the Humphrey decision—that decision was concurred in by all nine of the justices. , Two-Barrelled Gun. j But apparently Mr. Roosevelt would get the quasi-judicial commissions with his other barrel. He would make the commissions subordinate to the President, at least partially, by his plan for reorganization of the execu tive departments. I say “apparently” because the language of the plan Is peculiar. The plan for reorganization of the executive department, as written by the President's committee, speaks harshly of the whole set-up of quasi judicial commissions as they now exist. The plan speaks of them as ' irresponsible agencies” and aa hav ing ‘‘unco-ordinated powers." The plan proposes that each of these com missions, Instead of being independent as now, shall be placed under a cabinet Secretary. The plan goes on with a suggestion so novel as to in vite careful scrutiny. The plam pro poses that each commission be “di vided into an administrative section and a Judicial section," that the ad ministrative section be “directly re sponsible to the Secretary and through him to the President," and that the judicial section be "wholly independ ent," with the members “removable only for cause." But could the judicial sections be “wholly independent” under such a set-up? And who Is to draw the careful line between the “administra tive section" and the “judicial sec tion?” •Copyrittu. EXECUTED AS SPY Czech Put to Death as Hungarian Agent. PRAHA. Czechoslovakia. May 2T (/P). —Sergt. Maj. Joseph Krejza, a Czech, was executed by a firing squad at dawn today as a Hungarian spy. The execution, carrying out a death sentence decreed February 22 by the army division court, was the first for betrayal of military secrets in the na tion's history. Krejza's wife was sentenced to four months in prison for failure to report her husband's offense We, the People Van Devanter Resignation Is First Blood for New Dealers in Court Fight. BY JAY FRANKLIN. THE New Dealers have drawn first blood In the fight for the Roosevelt reform bill. Mr. Justice Willis Van Devanter, one of the six over age members of the Supreme Court, was slipped the black spot and jumped overboard, announcing his retirement would be effective on June 2, at the end of the present term of judicial gymnastics. The men who are managing the battle for reform regard this as “second down, 5 yards to go,” rather than a touchdown, to use Mr. Roose velt’s favorite foot ball Illustration. More political New Dealers liken it to the old Russian trick of throwing first the robe and then the babies to the pursuing wolves, or to the frantic efforts to lighten ship in the old days of piracy on the Span ish Main. The New Deal "planned It that way." They relied on the pressure for reform to accomplish two things en route: First, to squeeze favorable five-to-four de cisions out of the court, and out they come like a ribbon of tooth paste, and, second, to force a flock of resignations. This second stage has now arrived. It adds fresh fun to the New Deal game and encourages the administration to press ahead for complete victor]/. Both sides are now dug In so flrmly that nothing but victory will do. The friends of judicial oligarchy are using the old “social game” commonly known as the whisky-to-the-Indlans racket to win converts. In the meantime, New Dealers are watching with interest the organized banking effort to name the successor to Jim Landis as chairman of the Securities and Exchange Commission. They are moving in on Mr. Roosevelt from every direction, armed with bland smiles and great strings of wampum, to convince him that Prof. William O. Douglas should not be promoted to the chairmanship. Prof. Douglas is Yale’s expert on corporation law and knows what he is talking about. The bankers and brokers who want to capture the New Deal’s attempt to protect the public from hot finance, claim that Prof. Douglas is too hostile to Wall Street, that he doesn’t lcn& the operators. Wall Street’s candidate for the Landis job is none other than Mr. fioya odium, head of Atlas, which js one of the most Intricate and interesting of what are called ‘investment trusts." Mr. Odium contributed to the Democratic campaign fund and to the Good Neighbor League, via Dr. Stanley High, during the late unpleasant ness involving ex-Govemor Landon of Karsas. The obvious purpose of such t an appointment would be to con vert the Securities and Exchange Commission into another I. C. C. set-up. In which the interests of the stock, market operators would be paramount to the interests of the public. So they are working on Mr. Roosevelt and working hard. If Mr. Odium wins out over Prof. Douglas and takes over the S. E. C. for Wall Street, the public will know that the administration has sold the pass and that the stock Drokers will have the green light for another boom and another crash. It is faintly possible that the price for such a sell-out would be the early passage of the Roosevelt reform bill, but it is doubtful that Wall Street can deliver its own Senators these days, so the friends of the President are warning him not to sit in on any "friendly little game ’ unless he is sure that the cards are not marked and that the money is not counterfeit. (Copyrignt. 19.37.> MRS. LESINSKI, WIFE OF LEGISLATOR, DIES Detroit Representative's Wife, 39, Became 111 Here in January. By the Associated Press. DETROIT, May 22.—Mrs. Barbara Lesinski. 39, wife of John Lesinski, Democratic Representative in Con gress from the sixteenth Michigan district, died Thursday. She had been ill for a year. Three children survive. Mrs. Lesinski became ill in Janu ary, when she entered Georgetown Hospital here. After a six-week stay there she went to Detroit. Funeral , services will be held Monday. AL CAPONE’S BROTHER IS SERIOUSLY INJURED Near Death From Skull Fracture Suffered in Automobile Accident. By the Associated Press. CHICAGO. May 22 —Matthew Ca pone, 29, younger brother of Al. Amer ica's first "Public Enemy No. 1,” was near death in a hospital yesterday from a skull fracture suffered in an automo bile accident in suburban Cicero. Police said Capone lost control of his car last night when a rear tire blew. Al Capone is serving a 10-year sen tence in Alcatraz Island Penitentiary for violation of the income tax laws. An American You Should Know Mary Anderson Rose From Immigrant to Labor Official. BY DELIA PYNCHOX. ABOUT 40 years ago a young Swedish immigrant landed at Ellis Island. This was Mary Anderson, who now directs the Women's Bureau, Department of Labor, and has done so for 17 years Mary Anderson. during the ad ministrations of five Presidents. Mary Anderson knows whereof she speaks, for she has always worked, and worked mights' hard. Starting at domestic service in Ludington, Mich., she worked by da”, studied by night. Con tinuing hc‘r career at Weft Pullman, 111,, she was a shoe factory operator for 18 years daytimes, attending labor, welfare, educational meetings nights. She became president of “Local 94." a shoe union; director of the National Boot and. Shoe Workers’ Union, an organizer of the National Tradfe Union League, Chicago She traveled. She talked fluently and well in her adopted tongue. She had vision, understanding, simplicity, courage. Labor needed her. She has not failed them. Won War Committee Place. In 1918 Samuel Gompers organized a Women's Labor Committee to help boost the war program. Ladies of pulchritude, but little labor experi ence, were put on the committee. Lillian Russell was one of them. Mary Anderson and others protested. They were elected 10 serve. This brought Miss Anderson to Washington first as assistant director of the tem porary Women in Industry Service, which Congress in 1920 made the j Women's Bureau, a permanent part I of the Labor Department. Mary Anderson, gray-haired. blue-eyed, calm, understanding, is pointing a less arduous way of life and work than she has enjoyed. Many governmental agencies are small cities. With around 60 loyal co workers, Miss Anderson makes r. hes I in labor achievement. Her inc. ,,al ! inheritance is about 11.000.000 women, whose welfare, wages, opportunities, working conditions, are near and dear to her. Understands Woman Workers. She has been through the mill. She understands woman workers' prob lems. "All women should train for some kind of a job." Miss Anderson says. "They may need it some day." Most of the 11.000.000 women in industry wnrk because they must. Four million are both wage earners and homemakers. Uniformly they receive from 25 to 50 per cent less for similar jobs than men. "Women originally appeared in industry be | cause they were willing to take less than men." Corrective work lies in new minimum State wage laws, Miss Anderson says. KM LITE ROCKME’S RECORD HOLDS ITS HEAD HIGH —made its “forward pass” to favor and scored its touchdown in demand by having the famous “Rockne co-ordination” back of the teamwork done by its ingredients. Malt (the choicest sprouted barley) is coached to cook its essence into the bubbly juices of the hardy hops. Then Senate puts its teasy-taste right between the goal posts with a master-play of aging. CHR. HEURICH BREWING CO. WASHINGTON, D.C. BEER ^McC* 46* Wu>J** *^*y Ccmtpamf