Evening star. [volume], January 30, 1940, Page A-11, Image 11

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

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State Tariffs
Win Judicial
Sanction
'Reconstructed' Court
Plunges Into Realm
Of Policy Making
By DAVID LAWRENCE.
The ‘'reconstructed" United States
Supreme Court certainly has thrown
a monkey wrench again into the
long line of decisions differentiating
between the
powers of local
government and
the Federal Gov
ernment.
Although for
one set of pur
poses, the court
decides, in ef
fect, that a fail
ure of an em
ployer to sit
around the table
with a half doz
en employes in
a small clothing
_ _ i. _ u. +
, . David Lawrence,
impairs ana re
strains or affects interstate com
merce, the same court now decides
that big shipments of coal from
Pennsylvania to New York are not
at all burdened in interstate com
merce when the coal is delivered
and anv city in New York taxes the
shipment anv amount it pleases.
On the one hand, the commerce
clause of the Federal Constitution
is interpreted broadly for a socio
logical objective and. on the other
hand, the same commerce clause
is rendered inoperative to prevent a
State or city from imposing a tariff
against the incoming shipments.
The original purpose of the com
merce clause was to give Congress
alone the right to control shipments
between the States and to prevent
tariffs and barriers inside the United
States. Now. according to Justice
Stone and the four justices ap
pointed bv President Roosevelt, it’s
all right for the States or cities to
erect such barriers, but according
to a minority—Chief Justice Hughes
and two of the older members of the
court—it is a reversal of a long line
of precedents on the commerce
clause.
Both Claim Precedent.
As is customary with technical
decisions, both sides claim they are
conforming to precedent, but the
best evidence on the subject is the
fact that the Court of Appeals of
the State of New York held invalid
the sales tax imposed on coal ship
ments by the city of New York
Thus, the highest court in the Em
pire State construed the Federal
Constitution as preventing the city
of New York from imposing such a
sales tax. The Court of Appeals
read the precedents carefully as
requiring the city tax to be declared
in violation of the Federal Consti
tution. but a new majority in the
Supreme Court has now upset that
decision.
Justice Stone in the majority
1 opinion goes farther than mere
precedent into the realm of policj
making which has so often beer
condemned as unwise on the pari
of the Federal judiciary. He says:
“As we have seen, the ruling oi
these decisions does not rest on
precedent alone. It has the sup
• port of reason and of a due regard
for the just balance between na
tional and State power.”
But Chief Justice Hughes ques
tions the wisdom of allowing the
court to set up what might be
termed legislative policies. He says
on behalf of the minority of the
court:
“Doubtless much can be said as tc
the desirability of a comprehensive
system of taxation through the co
operation of the Union and the
States so as to avoid the differen
tiations which beset the applica
tion of the commerce clause anc
thus to protect both State and Na
tional Government by a just anc
general scheme for raising revenue
However important such a policj
may be. it is not a matter for this
court. We have the duty of main
taining the immunity of interstate
commerce as contemplated by the
Constitution. That immunity stil
remains an essential buttress of the
Union, and a free national market
so far as it can be preserved with
out violence to State power over the
subjects within State jurisdiction,
is not less now than heretofore a
vital concern of the national econ
omy'.
Sees Old Principles Abandoned.
“The tax as here applied is open
to the same objection as a tariff
upon the entrance of the coal into
the State of New York, or a State
tax upon the privilege of doing an
interstate business, and in my view
cannot be sustained without aban
doning principles long established
and a host of precedents soundly
based.”
The far-reaching nature of the
majority opinion can scarcely be
understated. From now on, any
city in the United States can for
revenue purposes tax any article of i
any kind that enters the city limits
and go scot free as being held to
accountability as obstructing or
interfering with or burdening inter
state commerce.
It w'ould appear that the Supreme
Court is ready and anxious to up
hold any Federal law that curbs
the activities of business and, at
the same time, to sanction any local
government ordinance which taxes
business to death. This evident hos
tility to the American economic sys
tem by the use of the Judicial power
is one of the striking consequences
of a “reconstructed" court which is
more interested in policy than in
uniformity of legal interpretation.
The remedy may lie either in con
stitutional amendment prohibiting
the States or the cities from burden
ing interstate commerce with their
taxes, or it may lie in the inaugura
tion of a series of reciprocal trade
agreements between cities or be
tween States so that these taxes,
which are truly tariffs, may be levied
more equitably.
(Reproduction Right# Reserved.)
Ex-Premier Bennett Honored
By the Associated Press.
LONDON, Jan. 30— Richard B.
Bennett, who retired in 1935 as
prime minister of Canada, has been
appointed a Justice of the peace at
Dorking, Surrey. It was understood
the title would be purely honorary.
Mr. Bennett moved to England from
Canada last January.
★ ★★★★★*****
Of course they’re both right!
"The bank calls it my Savings Account,
but Charley says it’s my Spending Account.
They’re both right, I guess, for my idea is to
save for the things 1 want It’s a plan that’s
gotten me no end of useful things. Charley
keeps his savings in the bank from one
year’s end to another, but I use mine from
time to time. We both save at the Morris
Plan Bank, and so do most of our friends.”
Morris 'Platt 'Bank of Washington^
THE BANK FOR THE INDIVIDUAL
— 14th A G STREETS, IV. W. —■■■ —
ii lanuaai i
Now Serving 40,000
Accounts of Individual?
Member Federal Deposit '
Insurance Corporation
I I 4 CHECKING 4 SAVINGS 4 LOANS 4 SAFE DEPOSIT BOXES 4 11II
The Capital Parade
Dewey May Get Steady Support
Of New York Delegation
By JOSEPH ALSOP and ROBERT KINTNER.
Reports from New York Indicate that Thomas E. Dewey’* position In
his own bailiwick has improved significantly. Until lately Dewey was a
prophet without honor among the home folks, or at least among the much
more important home politicians, most of whom detested him with a fine,
grim fury. Now the memory of the young racket-buster’s early arro
gancies is fading, while the thought is growing stronger that he may be
the Republicans’ best available presidential candidate.
Nevertheless, Dewey cannot count on the vital New York delegation
to stick by him through a long convention fight. Upstate, as the Deweyltes
nave always iearea, FUDiisner prana
Gannett has announced his candi
dacy. He will probably take the
handful of delegates controlled by
! the Rochester and Syracuse or
ganizations. In New York City,
meanwhile, able County Leader
Kenneth Simpson has Just affirmed
his control over the city delegation
1 of 21. equivalent to the delegation of
an average State.
yujLianj, urwey us bimpsons
candidate, but Simpson’s private feelings toward Dewey are decidedly
lukewarm. If Dewey Is not nominated on an early ballot, Simpson may
well have the power to put over another man by giving him the votes of
Dewey's own New Yorkers.
Tom and Ken
The relations between Simpson and Dewey, as they may become
pivotal, deserve some review. Politically, Dewey began as Simpson’s
protege, being nominated for district attorney by Simpson’s direct inter
vention, and subsequently elected by Simpson’s much-denounced deal
; with the American Labor party. It may be that Simpson presumed too
much on this relationship At any rate, when he seemed about to involve
Dewey in his quarrel with former President Herbert Hoover, Dewey pub
licly turned on him. Dewey also privately attempted to undermine him
in the county leadership.
For a time the war between the two men was pretty open. Then both
realized that nothing was to be gained by it. and a sort of peace confer
ence was held at Dewey's house. After dinner together, Simpson and
Dewey talked until the milkmen were rattling their cans in the streets.
The result was an agreement by which Dewey became New York's candi
date, but promised to support Simpson as county leader and not to try
to dominate the choice of New York County delegates. The delegates
were to be Simpson organization men for Dewey, rather than 100 per
cent Deweyites.
Some time ago. however, there were signs that the Dewey camp did
not propose to abide by the Dewey-Simpson agreement. George Z.
Medalie. although strangely omitted from the announced membership
of the Dewey brain trust., was Dewey's original adviser and is still extremely
close to him. As the Hoover Federal district attorney, Medalie has
some standing among New York Republicans. A movement started to
make him a delegate, over Simpson's opposition. In other districts besides
Medalie's, similar movements for other 100 per cent Dewevites seemed to
be afoot.
Simpson called Dewey, who denied any connection with these phe
nomena. Possibly Simpson was not entirely convinced. At any rate, he
called in his district leaders and has now virtually completed the task
of picking his slate of delegates. Medalie will be excluded: such Simpson
allies as Charles Hilles, Walter S. Mack and Bruce Barton will have
prominent places, and among the 21 delegates about the only ones owing
their allegiance to Dewey first and Simpson second will be Allen Dulles,
brother of another Dewey brain truster, John Foster Dulles: Robert P.
• Levis, and Sam Koenig, the old county leader deposed by Simpson.
Ohio's Fifty-Two
The contrast is striking between Dewey’s position and that of his
most active competitor. Senator Robert A. Taft. Taft also has had to
contend with opposition from some home State politicians, notably the
mnuenuai ana somewnat aevious
chairman of the Ohio State com
mittee, Ed Schorr. Furthermore,
Gov. John Bricker has been a far
more serious rival for Taft than
Publisher Gannett has been for
Dewey. Bricker is said to be newly
active as a candidate, although he
has formally withdrawn in Taft's
favor. But Taft has so arranged
" matters that of the 52 Ohio dele
gates, only 8 or 10 will not be
really loyal Taft men. Even In Schorrs own city of Columbus, Taft's
wishes have been consulted.
Thus Dewey has one headache while the less colorful Taft does not.
Meanwhile Senator Arthur H. Vandenberg, the third man in the
triumvirate of Republican rivals, is still counting on Taft and Dewey
to kill each other off, leaving the field open for him.
(Released by the North American Newspaper Alliance. Inc.)
CTHE opinions of the writers on this page are their own, not
• 1 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.
The Political Mill
Midwest Republicans Get a View
Of Dark-Horse Martin
By G. GOULD LINCOLN.
Midwest Republicans had a chance
last night to satisfy their curiosity re
garding the man who has ridden herd
over the Republican membership of
me Mouse dur
ing the Seventy
sixth Congress—
and done a
good job. That
there has been
a great amount
of curiosity
about Repre
sentative Joseph
W. Martin, Jr.,
of Massachu
setts is readily
attested by
members of the
h e a d q u a rters
rinff ftf fVia Pa.
publican N a - ° Gould Lincoln,
tional Committee in Washington.
State and county chairmen, and
other Republican leaders visiting
the Capital, have invariably ex
pressed a desire to see the party
leader in the House.
Mr. Martin was the principal
speaker at the Kansas Day dinner
in Topeka—in celebration of the
anniversary of the admission of
Kansas to statehood. It has been
for years an important political oc
casion for the G. O. P. and Republi
cans attend from many of the
Middle Western States. Four years
ago the spotlight was focused on
the Kansas Governor, Alf M. Lan
don, who later became the party
nominee for President.
While Mr. Martin has been men
tioned here and there as a dark
horse candidate for the presidential
nomination this year—it has not
upset his equilibrium. He has gone
about his business, w'hich is leading
the House Republicans. And the
bets are good that he will continue
along that path during the re
mainder of the present session of
Congress.' He is not the kind of
person to be carried away by praise.
He has his feet squarely on the
ground. He is both sound and sane,
with a wide knowledge of politics
acquired over a long period, first
in the Massachusetts Legislature
and for the last 15 years in the
House of Representatives. He took
time off once to be executive secre
tary of the Massachusetts State Re
publican Committee.
Republican to the Core.
Mr. Martin’s speech to the Mid
west Republicans was Republican
to the core. He scoffed at the New
Dealers' assertion the Republicans
have no program, outlining again
the 12-point program which the Re
publicans of the House adopted un
der his leadership in April, 1939.
The attempt of the New Deal propa
ganda machine, he said, is to con
vince the voters that the Republi
cans have no ideas. Without going
into complete detail, this program
calls for keeping America out of
war, to curb reckless spending and
waste, revise the tax structure, re
vise the National Labor Relations
Act. stop Government competition
with private business, get rid of all
experimental legislation not clearly
helpful in promoting recovery, pre
serve for American farmers the
American market.
In Mr. Martin's opinion this is a
constructive program. There was
nothing startlingly new in his ad
dress. He is not the kind of man to
advance a panacea for all the ills
of the country. He wants the coun
try to stick to its own problems
and not be led into still newer and
stranger paths because of the situa
tion in warring Europe. He does
not want to "substitute political
management for Individual initia
tive and enterprise” — which he
charges against the New Dealers.
It does not seem at all likely that
Mr. Martin will throw his hat into
the ring for the presidential nomi
nation or entei; any of the presi
dential preferential primaries in any
of the States which hold them
However, it is by no means certain
that he will not be put forward by
some of the Republicans for the
nomination. He has a band of loya!
supporters in the House from mosl
of the States in the Union.
Hope Is in Deadlock.
His chance, if he has one, prob
ably will come in the event the Re
publican National Convention ii
deadlocked with the present leadinj
contenders, Dewey, Taft and Van
denberg, unable to obtain a majority
of the delegate votes.
If there is a Republican victory
at the polls next November Mr
Martin is quite sure of election a:
Speaker of the House—a position o
very great importance. As Speake:
he would play ball with a Republi
can President and be of great as
sistance in putting through a pro
gram of legislation.
Massachusetts has two other dark
horse presidential possibilities ii
Senator Henry Cabot Lodge, jr., ant
Gov. Saltonstall. At present, aloni
with Mr. Martin, they remain in thi
dark-horse class. Twenty years agi
a book entitled "Have Faith in Mas
sachusetts” was published—abou
the late President Calvin Coolidgi
and his sayings. Mr. Coolidge wa
then Governor of the Bay State ant
had sprung into national promi
nence because of his handling o
the Boston police strike. In the 192
Republican National Conventior
after the delegates had taken War
ren G. Harding of Ohio as a com
promise candidate for President
they took the matter of selecting i
vice presidential candidate into thei
own hands. Coolidge was nominatei
in a rush.
“Joe” Martin, as he is familiar!
known to his colleagues in Congresi
is a newspaper publisher in hi
home city—North Attleboro—an
! has been for many years. He ha
been a hard-working member o
Congress for a long time. Hi
chance came when former Repre
sentative Snell of New York, the Re
publican leader of the House, de
dined to be a candidate for re-elec
tion in 1938. Martin had been hi
assistant. Judging by results in th
present Congress, the Republican
made no mistake when they electe
him their leader.*
Reports of Attempt
To Sink Ship Denied
Bj the Associated Press.
PHILADELPHIA, Jan. 30. -
i United States Maritime Commis
j sion officials and spokesmen for th
Sun Shipbuilding Co. today denie
reports published here that an at
tempt had been made to sink th
freighter Mormacmail when th
vessel was launched at Chester Jan
uary 11.
The statements contradicted th
reports that saboteurs had opene
the sea cocks of the 11,735-ton shi
a short time before it was to slid
down the ways, only to have the at
tempt discovered at the last minuti
“It's not true," declared John C
Pew, president of the shipbuildin
company, which built the Mormac
! mail for the Moore-McCormac
j Line. “I heard the story severs
; days after we launched the shij
and paid no attention to it.”
This Changing World
Washington Watches Japanese Army's Effort
To Convince Nation to Remain Adamant
By CONSTANTINE BROWN.
The developments In Tokio and in that section of China which is
occupied by the Japanese Army are watched with a keen interest by
Washington and London.
The question is: Will the military be able to convince the country
it should adopt an adamant attitude toward the United States and Great
Britain or will the abrogation of the treaty of commerce result in the
loss of face for the military clique in Tokio?
For the time being, it seems that the soldiers are having the upper
hand. They are talking loudly about being forced into a further ex
pansion toward the south, where they will be able to obtain the raw
materials Japan is compelled to buy at the present time from the United
States.
What the Japanese mean by expansion toward the south is going
to the Netherlands Indies, which the> believe they could conquer without
much trouble.
It is true that the Dutch government has made its Far Eastern
possessions, as far as their defense goes, totally independent of the
mother country. There are more submarines based at this time on the
naval bases in Java and Sumatra than most people believe. The shore
defenses of those islands also have been perfected and the aviation has
been considerably increased by substantial purchases in this country.
If the Japanese decide to make the grand coup in Netherlands Far
Eastern possessions, they will find themselves in all probability in the
same position the Russians find themselves in regard to the Finns.
That is to say, the Dutch will be able to resist a Japanese onslaught for
; a while—several months, in all probability. But unless they are supported
in the end by a major power, they will have to give up.
Navy Takes Cautious Course
This is, of course, known to the Japanese Navy. The Tokio admirals
seem still reluctant to encourage their’military colleagues to go ahead i
and are doing their utmost to pour cold water on their exuberant en
tnusiasm. J.nis lor two reasons:
One is that they know that the
navy will not have as easy a game
with the Netherlanders as the army
has had with the Chinese. They
know that there is going to be
some tough fighting in which the
t imperial navy will not necessarily
, come out on top. They know that
I a landing operation, which is abso
i lutely necessary for the conquest
* of the Netherlands Indies, is a diffi
>' cult and complicated problem when tne potential enemy nas airplanes anu
■ 1 submarines at his disposal.
: The other reason why the Japanese Navy is less willing to go into
! a high adventure is that it fears America s intervention. For some rea
> son or other there are few naval officers in Japan who can visualize a
1 Japanese attack on the Netherlands Indies without coming to grips with
• the United States.
The reports from Washington and from other sections of the United
5 States that this country is eminently pacifistic are discounted by the
’ 1 Japanese admiralty. They go back to history and say that every time
‘ America appeared most pacifistic. this country went to war. And
despite the European war. the Japanese admirals don't believe that they
• can tackle the United States Fleet yet.
J German Submarines Out Again
The German submarines are out again. The crews have had a
, holiday since Christmas and the ships have been thoroughly overhauled.
They will find their task more difficult than in the past few months,
s The British and the French have developed a new technique to spot
1 submarines from airplanes. The allied flying machines have become
s the most deadly enemy of the subs Furthermore, a new barrage of mines
f and nets has been established around England and the German sub
s mersible ships will find it difficult to operate in those regions.
1 The British and the French governments seem confident that they
- can cope with the submarine danger in a more efficient manner than
- heretofore. In the same way as the
- blockade of Germany is less effi
s cient than it was during the last
e war, the operations of the German
s underwater naval forces are less
1 damaging, too.
In responsible naval quarters,
stories circulated every once in a |
while that the Reich is building j
submarines at the rate of about 1
two a day are being discounted as
gross exaggerations. No navy yet
nas discovered me means 01 mass inuuutuua ivi ouwmajmco ui uu*u
naval vessels. Even If the hull of the ship could be produced with the
same speed American automobile factories produce cars, the commission
' ing of ships is a complicated matter. This is particularly true about
® submarines, where the slightest defect or careless installation of the
_ complicated machinery can produce disaster.
» It is also true that submarine crew's need much longer training than
, the crews of surface vessels, or even aviation. The loss of a sub with
I its personnel is a serious matter, not because of the cost, but because it
is so difficult to replace the ship and the trained men.
; Today the Germans have a maximum of 75 submarines. They have
j to be careful about them because whenever one of these ships is destroyed.
, it takes more than 18 months to replace it. And according to the British
*: and the French navy departments, the means of destroying submersed
1! vessels are such that out of 20 subs which are putting out to sea for a
, j six-w-eek or two-month campaign, at least 30 per cent of them never
return.
?
■ Blazing Auto Sounds Alarm
1 DUMONT, Iowa, Jan. 30 VD.
i, Members of the Albert Lothlng fam
ily lay claim to an automatic fin
alarm. Shortly after midnight, they
heard a car honking. Investigation
■ | showed their auto was on fire. A
j short circuit, caused by the flames,
: had turned on the horn.
I Pardon IkitWe
I Laugh at Winter!
The model illustrated is the Buick Super model 51 four-door touring sedan
$1109 delivered at Flint, Mich. White sidevsall tires additional.*
SOMEWHERE, probably, numb
fingered drivers are bucking vainly
at piled-up snow heaps, jolting miser
ably over frozen roads, snow-packed
and rutted until every turn of the wheel
means a jar.
But you, lucky devil—what does winter
mean to you in that sleek-lined honey
of a 1940 Buick?
It means simply the sweet purr of a
hundred-plus horsepower Dynaflash
straight-eight with the pull to master
any going. It means micropoise-balanced
smoothness to keep you forever free of
vibration’s annoyance.
It means taking the choppiest, worst
rutted roads in stride, while soft coil
springs on all four wheels soak up the
jars before they ever reach you.
It means driving a car in which even
skid-risks have been reduced, and it
means traveling in snug, weather-tight
Body-by-Fisher comfort no matter
what’s on the weatherman’s bill of fare. I
It means, when you drive a Super, front I
seats that are next thing to five feet wide — /J
other new features and conveniences so t
numerous they’re counted by the dozen. /I
So pardon us if we laugh at winter—and H
especially at the old idea that no one V
buys cars until the spring buds show. ^
Fact is, in Buick
you’ve got an all-sea*
son car — the kind
of car you ought to be
handling right now!
When are you going
to do something
about getting one?
_
Headline Folk
And What
They Do
Walter Johnson
Promises New Deal
Shutout if Elected
By LEMUEL F. PARTOV.
It was on February 22, 1936. that
Walter Johnson, the “Big Train" of
baseball, threw a dollar across the
Rarmahannnrk tn hpln relehrate
George Wash
ington's 2 0 4th
birthday anni
versary. Perhaps
i that gave him
1 the idea of going
I to Congress—
l just to keep in
■i practice. There
* are plenty of
members of
Congress to set
him a fast pace
in long-distance
doiiar-tnrowmg
But, as he an
Walter Johnson. didacy for the
House of Representatives from his
Rockville 'Md.i district, Mr. John
son says he's all for saving and
against spending. He is a red-hot
Republican, and in his box score
the New Deal is just so many goose
eggs. He is out to beat the incum
bent William D. Byron, a Democrat,
Mr. Johnson, now 52, is the hand
somest of the old-time stars, and
ought to do well in politics. His
record of 3,487 strikeouts, leading
his league eight years in succession,
is a precise story of achievement,
which any opponent would find hard
to match, if he can manage to work
it into his campaign. He has one
serious shortcoming for a politician.
He doesn't like to get mad. Old
timers will perhaps counsel practice
in this, as it is easier to stir voters
to get mad with you than to move
them to share saintly endeavors.
This is not Mr. Johnson's first trip
to the hustings. Last November he
was elected county commissioner
against a Democratic opponent.
Thus, his average stands at 1.000.
He has had a tarn on the radio,
with Frankie Frisch, starting his
windup for Congress. He preaches
old-fashioned Republican doctrine
and promises a New Deal shutout
if he gets elected.
He played semi-pro baseball in his
native Idaho, but. like Elijah, was
translated in a chariot of fire
skipping the minors. He has won
more ball games than any other
man.
(Released by Consolidated News Features )
Actress Lynn Fontanne
In New York Hospital
By the Associated Press.
NEW YORK. Jan. 30.—Lynn Fon
tanne, the actress, entered Doctors’
Hospital yesterday for treatment
for laryngitis and a bronchial in
fection.
Hospital authorities said Miss
Fontanne, who had completed an
1 engagement in Baltimore with her
husband, Alfred Lunt, in "The
Taming of the Shrew,” should rest
at least a week.
i. ■ ■
EISEMAN’S
F STREET AT 7th
• • •
January
REDUCTIONS
Savings of
33H%'°40%‘
SUITS
TOPCOATS
*15
Bargains on fine all-wool
clothing. All this season's
styles and patterns.
Charge It! 4 Month•
to Pay
$25 and $30
SUITS
TOPCOATS
*19”
Charge It! 4 Monthe
to Pay
$30 and $35
SUITS
O’COATS
*24”
Charge It! 4 Month*
to Pay
EISEMAN’S
F STREET AT 7th
/S