Show Blow to fo New Deal DealA i iA r A A the railroad pension act declared ALTHOUGH f A I unconstitutional in a 5 4 decision by the theS ther r S Supreme Court Monday londay is not generally classed as a part of the new deal legislative tive program the high court has cast a shadow over essentially essentially essentially essen essen- all emergency laws based upon the interstate interstate inter inter- state commerce clause of the constitution Too ft Jt t poses poses the question How many any other acts may maybe maybe maybe be of the due process of law proS pro- pro S 1 vision of the constitution S Of o far more concern however to millions Cf of individuals is the probability that the principles prin prin- iles remarked remarked remarked-by y the court as invalidating the railroad pension act may bar the congress from enacting the admin administration social security program pro pro- gram old gram ram old old age pensions unemployment insurance insurance insurance ance and those other projects st still n nebulous but definitely hinted as possibilities i. i e. e state medicine medicine medi medi- cine dna hospitalization and federal participation in lri the burden of maintaining the physically and mentally infirm The shadow even may be cast caston caston caston on the Wagner Vagner labor bill In many wa ways s 's it is the most devastating blow that has been delivered to the new deals deal's law structure S In the division of opinion among the members members members mem mem- S bers of the Supreme Court perhaps especially I because Chief Justice Hughes stood as the leader of the minority congressional supporters support support- ers of the president may find their only hope But even the chief justice regards the decision as asro asso so ro 0 sweeping that it denies to congress the power to pass any compulsory act for fori i railway Some senat senators rs and representatives professed to believe the effect could I S not be so broad but they spoke almost on the spur of the moment while the chief justice had weighed all the implications deliberately after hearing the arguments While the decision hits approximately 1000 railway workers in interstate commerce and more than not engaged in interstate r commerce and relieves carriers of pe pension sion imposts imposts im im- posts estimated at for the first year and returns to workers deducted from payrolls since the law became effective last August imperiling the social legislation program caus causes s by far more widespread concern The high hopes of millions who expected to benefit benefit ben ben- from the various bounties crash The railroad railroad railroad rail rail- road retirement act affected only one class classification ica- ica S. S ti tion of the countr country's workers One very plain lesson l of this circumstance is that taking everything for granted counting chickens before they are hatched and neglecting to put ut the grain of salt on demagogues' demagogues promises pretty generally lead to disappointment It is not short of tragic and cruel that so many aged people have been deluded by Dr Townsend and andall andall I all others who have built up impossible hope in their hearts There is a tremendous sentiment for old age pensions in the United States There is js also opposition on principle Too there are economic facts which must govern such a pro pro- gram While it seems reasonably likely that S some form of pensions system may not be far faraway away it will be a great kindness to those who anticipate benefit to counsel them to wait with such auch patience as they may summon until the theS S time comes h To lawyers and laymen these words in the majority opinion will appeal as sound Even ClEven should we consider the act unwise and prejudicial prejudicial 5 to both public and private interest if it be within fairly delegated power our obligation is to sustain n it On the other hand han though we should think that measure embodies a valuable valuable valuable val val- social plan and be in s sympathy with its purpose and intended resl results s if the provisions go beyond the boundaries o of constitutional constitutional power we must so declare The rhe court assumes responsibility for the validity of the law congress must be responsible for intent and effect as they touch public policy and public interest The court might have separated the valid and the invalid which would be virtual rewriting of the law tantamount almost to as assumption as- as of the function of the congress The supreme court cannot become legal adviser to S lawmakers but it can as in this case sternly warn them to enact sound and valid legisla legislation Hon This is the point to be kept in mind if when S and as any bill to continue extend or modify N R A is reported out of committee for a vote on passage In the house and the senate both packed jam-packed with lawyers there ought to be talent which can keep laws within constitutional constitutional S limits Enactment of laws shot through with flaws brings about needless and costly litigation demoralizes public and private af affairs affairs af- af fairs falls and destroys confidence in government I |