Show fi Railroad Act Pension Ruled Invalid lOVER OVER MILLION J Per j WORKERS HIT j BY DECISION DECISIONs c s 1 Congress e ceded e d e d do o Powers to 5 at r 1 V Verdict er d. d IC t S Says ays l 1 Br BY Associated Press Preas l WASHINGTON ASHINGTON May G In G-In In anes another an- an an nn- es I t other of its famo famous s five to four decisions do- do de de- 4 the supreme court tad today a t 1 declared unconstitutional the railway railway rail rail- way retirement law affecting more l. l than a n million U e 1 1 The act was be beyond ond the powers ii L of congress said Justice Roberts N who vho delivered dell the high courts court's f opinion He lie assailed sections of the thc lawa law a pensioning Who have volI voluntarily vol vol- ol I left the carriers' carriers service those who have been discharged for il lA dishonesty and for gross negligence r ri and those who have been automatically auto auto- r retired on JlII Hughes hel In Minority 1 01 Chief Chiel Justice Hughes who delivered ky trod ered the opinion upholding the government gov gov- ow wj erm ent in the famous gold clause o cases was in in the minority this 3 time times He wrote the dissenting er r jr opinion and was joined d' d by Justices OJ Brandeis Stone and Cardozo 1 Aligned w with th Justice Roberts tr f were Justices Van Devanter Mc- Mc v t Reynolds Sutherland and Butler 1 1 Justice Roberts' Roberts words that the i act was Invalid as violation of due i Cs process s of law and was not In purpose or in effect a regulation of commerce were immediately interpreted interpreted inter inter- by some observers as laying down clown principles which may affect 4 rt m materially the courts court's judgment of 1 N R a A and its code rule of industry II I Roosevelt Commented 1 I President Roosevelt In signing the railway law last spring had J 1 commented it ft Q a was crudely drawn f Justice Roberts said the act 1 would benefit persons who 1 had within one year year- before t. t Us its enactment This is In the last degree arbitrary arbitrary arbi- arbi I he said Ruling that invalid sections of the Continued on Pate Pare Two J I j i RAIL RAIL PENSION r jS ACT HELD VOID Continued d from Pa Pace e One law Jaw made the entire act j Justice Roberts Roberta said those thos II who were scheduled to retire when the act was to become effective I would have received a pension a although nIl nI- nI l though they never had contributed Ho added the cost the first year would bo be I That is not a permissible subject subject sub sub- of oC legislation he said exI ox ox- I it set up new contract obligations r I Pay for Others Some Soine railroads he said would have had to pay money for tor the em em- of other carriers This pooling provision of th the ac acIs act actIs actIs Is unreasonable and arbitrary Roberts held I In a n. vigorous dissenting opinion Chief Justice Hughes said the thc majority majority ma ma- majority decision was wag as a departure from sound principles and places place an unwarranted limitation imitation upon the commerce commerce clauso clause of bf the constitution const He Ha said laid the conclusion that congress con con- con gross gress could not e enact a t pension legislation legislation legislation legis legis- lation is of such serious and far reaching importance as to overshadow over over- overshadow over over- shadow all aU other provisions p of the act The power committed commUted to congress congress con con- gress to govern interstate commerce commerce commerce com com- merce does not require that I its government government goVernment gov goV- should be wise mu much h less that It should b be perfect the chief justice held Different Views View The rho power Implies a broad discretion discretion discretion dis dis- and thus permits a wide range even of ot mistakes Expert discussion of pension plans reveals different views of the manner in which they should be set let up and a a close study of advisable e methods is isla in la progress It is not our province to enter that field and I am not persuaded that congress in entering it for for forthe the purpose of regulating interstate carriers had transcended the limits of the thc authority which the constitution constitution constitution tion confers confer The majority had ruled that the primary purpose of C the legislation is social security and held that the contentment of mind for the em em- which was intended was no not nota a permissible subject ct of ot r regulation as affecting interstate commerce The court r Adjourned until next Monday without ut passing on the constitutionality of the tho Frazier- Frazier Lemke farm mortgage moratorium act |