OCR Text |
Show UTAH LABOR NEWS, SALT LAKE CITY, UTAH, JUNE Utaf) M)or OF THE A MEMBER Established 1929 This paper receives Union News Service, a C. 1. 0, affiliate. 04 s matter March 28, 1930, at the post office Entered as at Salt Lake City, Utah, under the Act of March 3, 1879. second-clas- $1.50 per annum .... Subscription Advertising rates by request. Address all communications and remittances to Utah Labor News, 24 South 4th East Street, Salt Lake City, Utah. Published weekly at 24 South 4th East Street, Salt Lake City, Utah. Telephone Was. 2981. .Publisher Office Manager M. I. THOMPSON., L. M. THOMPSON.. SUPREME COURT (Continued from Page 1) shall be tion now or any other time, fof jurisdiction until all usurped. that matter requires cooperation The charge that the supreme from each of those branches with court ha set itself as a supreme the other two. Without that co- arbiter of the wisdom, soundness, and reasonableness of economic operation nothing can be done. Under the Constitution congress and social policy decided upon by g is a body, charged congress has most often come from of with the duty deciding where the judges themselves. and how our government shall go. Usurped Bower To the President is delegated the Along with many charges by go members of the court that the duty of seeing to it that we diwhere and how congress shall court is usurping power that never rect. The purpose of the supreme rightfully belonged to it, have come court is to make sure that con- like charges from eminent men. gress does not go beyond the prePresident Lincoln, in his inaugscribed boundaries set by the Con- ural address said, The candid citstitution. It is not a function of izen must confess that if the polithe supreme court to set itself up cy of the government, upon vital g also as a body by questions affecting the whole passing upon the wisdom of legis- people, is to be irrevocably fixed by lation which is within the prescrib- decisions of the supreme court the ed boundaries of congressional ac- instant they are made, the people tion. will have ceased to be their own Despite the fact that the courts rulers, having to that extent pracdo not have, and have never had, tically resigned their government the power to pass upon the wisdom into the hands of that eminent triof specific pieces of legislation, the bunal. Theodore Roosevelt in 1912 desupreme court, since the decision of John Marshall in the case of clared: The American people, and Marbury v. Madison, has gradual- not the courts, are to determine ly, case by case, undertaken to their own fundamental policies. Our prime concern is that in pass both the wisdom and reasonableness of legislation. Thomas dealing with the fundamental law Jefferson saw the possibility of of the lahd, in assuming finally to this judicial usurpation of power interpret it, and therefore finally and said, It has long been my to make it, the acts of the courts opinion, and I have never shrunk should be subject to and not above from its expression, that the germ the final control of the people as of dissolution of our Federal gov- a whole. I deny that the American ernment is the judiciary the irre- people have surrendered to any set sponsible body working like gravity of men, no matter what their posiby day and by night gaining a little tion or their character, the final today and gaining a little tomor- right to determine those fundarow, and advancing its noiseless mental questions upon. which free destep like a thief over the field of ultimately pends. policy-formin- policy-formin- self-governm- Super-Legislatu- re This growing tendency of the supreme court to set itself up as a superlegislature has reached an acute stage in the last 4 years. For 4 years now, the President and congress have worked in close harm ony for the gradual correction of our present social and economic maladjustments. During that same period, 12-o- the z. 32-o- FINER BEER Handier Bottles however, su- preme court has worked overtime undoing what the other two branches had done. Though it was no new or novel declaration, it was this continuaus undoing by the court that led Roosevelt to declare The judicial branch of Now available In recently: the government is also asked to do Steinies its part in making democracy sucthe more con- cessful. We do not ask the courts venient bottle, to call nonexistent powers into be Jumand to expect ing, but we have a bos the eco- that conceded powersright or those leginomical family-siz- e timately implied shall be made efbottle (pas- fective instruments for the common teurized). good. The processes of our democ NEW z. WELCOME, LABOR Horn. StMtOH State and Peery Hotel and Second South Streets West Temple Streets $1.50 to $3.50 $1.50 to $3.00 New Hotel Semloli Special Weekly Rates racy must not be imperiled by the denial of essential powers of free government." Whether you agree with everything that has been done in the New Deal legisway of lation is not now an issue. If, after observing the disturbing social and economic conditions of the day, you agree that something, whether it be a New Deal something or not, must be done, you are then faced with the question of what can be legally done. so-call- ed What Can Be Done? Here is what Robert M. La senator from Wisconsin, says, I say. as one whose business it is to find out what can be done, that as the supreme court now inter- Fol-lett- e, prets the Constitution, it is utterly for either congress or the states to take action which is anything more than a legal gamble on minimum wages, unfair competition, collective bargaining, social security, crop insurance, soil erosion, unemployment relief, housing, the protection of our river valleys from floods, or our natural resources from a waste that spells ultimate national disaster. Even the supreme court itself, as the division among its Justices shows, no longer knows what the Constitution means. If you were to, read the recent opinions of the court, we are confident that not only would you admit that you did not know what could be done, that you would have to confess that none of these opinions sounded anything like what you thought the Constitution said. Several remedies for the condition of our court have been advanced since Roosevelt made his pro posal. All of these proposals, except that of President Roosevelt, involve a constitutional amend ment. And there are almost as many forms of amendments as there are individuals who oppose President Roosevelts plan. Because they do require constitutional amendments they represent departures from tradition. Some of those amendments call for a more radical departure than others. Best Proposition Out of all these dozens of sug gestions for dealing with the supreme courts admitted usurpation of legislative power. President Roosevelt has adopted the mildest. His proposition does not tinker with the Constitution. It does not curb the supreme courts powers in any respect. There is no suggestion for requiring unanimous decisions or majorities or anything except the present simple He suggests no remajority. striction upon existing appellate powrer. The supreme court can continue to decide what constitutes interstate commerce and due process. Its judicial veto of clearly unconstitutional legislation remains unimpaired. In other words, his is the simplest, most conservative means of saving the Constitution from the court and the court from itself. , Boiled down. President Roosevelt proposes simply this: When ever 'a judge or justice of any Federal court has reached the age of 70 and does not avail himself of the opportunity to retire on a pension, of $20,000 per year, a new member shall be appointed by the President then in office, with the approval, as required by the Constitution, of the Senate of the United States. The number of judges to be appointed would depend wholly on the decision of present judges now over 70, or those who would subsequently reach the age of 70. So if those judges on the court now over 70 choose to retire under the plan, no new places would be created. Therefore, although there can never be more than 15, there may be only 14 or 12, and there mav be only 9. Every man who has the ability to see and the power to think will agree that, as a general rule, men 70 and over have lost their physical and mental .vigor. True, there are But those exceptions exceptions. do not alter the rule. So generally impossible two-thir- ds 1, 1 1937. LABOR ON ITS FORWARD MARCH (Continued from Page 1) Charles P. Howard, president of the I. T. U., and others, for treachery. Howard was present during Greens speech. I. T. U. has not formally! been suspended from the A. F. of as the federations executive ruled that Howard was C. I. 0. in an individual the serving ( capacity, although the 1930 con-vention of the Typographical Union almost unanimously endorsed Howards position in the C. I. 0. While some A. F. of L. leaders called for a fight to the finish) against the C. I. 0., others expressed little interest when questioned on their views. F. II. Fljozdal, of the Brotherhood of Maintenance of The main-- , Way Employes, said: tenance men are attending as a courtesy, since railroad unions dont really need the A. F. of L. William C. Birthright of the Journeymen Barbers International Union, said: There are barber members also in the auto workers, but the C. I. 0. doesnt interfere with our work. Howard said he did not expect to attend all the sessions. L.i council ( Salt Lake City Printing Tracies not alone in Salt Lake City, but in other Utah cities. Applicants for membership and others desiring information are calling daily at the Typographical union headquarters in Atlas building or telephoning Wasatch 77C2. Not alone is information desired about Typographical union, but all of the Allied Printing trades unions. Mr. Rhodes and Mr. ,, Melvin are serving all of the printing trades organizations in this campaign to unionize all those engaged in the vocation of the art preservative. Just a visit to union headquarters and a glance at the applications for membership in the Typographical, Pressmen, Book Binders, Stereotype, and other printing trades unions, would convince anyone that printing industry employes in Utah have found themselves and become union conscious. Organization Year The recent issue of the Typographical Journal said: .Members of the International Typographical union were told earOrly in 1937 that this was to be is it has Year. It been, ganization and it will be! Because of the swing of the C. I. 0. and the effect of the Wagner Labor Relations act organization work has been carried forward successfully by many crafts and industrial unions. The good work accomplished to date by Typoand for the International detera union through graphical mined and tion drive is epochal well-plann- The organization drive in the printing trades of Salt Lake City is gathering momentum. President J. F. Rhodes and Secretary J. M. Melvin are kept busy on the firing line interviewing those workers employed in the printing industry, ed organiza- and record-breakin- g. As a fairly good illustration of what is going on in the organization activities of the International Typographical union a list is here shown of the better known publishing concerns producing periodicals is the rule recognized that the age and magazines of national circulaof retirement for civil service, the tion which have recently changed Army, the Navy, many universi- from nonunion to union status. It ties, and practically all great pri- is a record of which every member vate business enterprises is 70 (Continued on page 3) years. President Roosevelts plan offers four benefits over and above all other proposals, each one of which proposals admits there is need for something to be done. First. .His plan is the mildest and most conservative of all. Second. His plan can be put into THE BEST BUY IN operation now not 10 or 20 years CALIFORNIA WINE from now when it may be too late. Third. It will permit the continuous infusion of new and younger blood in the court. Those men SSoi: now on the court represent a past w Their day in this generation. world is almost gone. The present justices have not, are not, and will not be confronted with the solution of our problems. wsmvsa GIFTS FOR DAD Fathers Day, June 20 LINDSAY CANDY CO. 780 South 5th East Hyland 8445 0AS finini L rtrrrrry-- f:lj j VYTTH ill) CENTURY Utahs oldest and largest UNION Printing Plant INCORPORATED Commercial Printers Catering to local and firms ana Union-madwho e desire organizations Paper and 100 Union Printing. out-of-to- Broadway Free Garage , 231-23- 5 The Master Salesman Edison Street Phone Wasatch 1801 Salt Lake City, Utah |