Salt Lake Telegram | 1935-05-03 | Page 1 | Lawyer Assails Commerce Control in N R A Test Case

Lawyer Assails Commerce Control N R RA A Test Case WASHINGTON May 3 JP- JP Challenging the constitutionality of the national recovery act Frederick Frederick Frederick Freder Freder- ick H H. Wood New York attorney today told the supreme court that federal attempts to control business were destructive of f our dual form of government and subversive of our political economic and social institutions Representing the AIL L Poultry Corporation of New York Wood spoke a after ter Stanley Reed United States solicitor general had finished his defense of ot N R A in the case casc brought to test the thc validity of ol the recovery laws law's salient features Wood who was on the govern govern- in the recent gold cases told the co court rt that it has held repeatedly re reo re- re that while an emergency may constitute the occasion for the exercise of ot a delegated power Itcan it itcan itcan can never be its source Since emergency may not nol create create cre ere ate power he added it follows that if the federal government under under un der the commerce clause may natIOnalIze nationalize nationalize na na- na- na industry and assume control control con con- in multitudinous ways over the activities of the people to be regulated and controlled b by a central cen government in Sn Washington it may adopt the same measures at any other time that the prevalent majority in c congress believes to be bevise wise vise and expedient Wood vigorously assailed the governments government's theor theory that the power pow pow- er to regulate interstate commerce commerce com corn merce meree Rives gives ives the right to regulate anything affecting such com corn merce