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Show THE PAGE TWO News Review of Current Events the World Over President's Way of Emling Virgin Islands Row Arouses Criticism Senator IJIack Probes for Truth About Utilities Cigar Box. W. PICKARD By EDWARD C Wetra Newipaptr Union. CHESTER C. DAVIS, and hi AAA fellow uitl-cl- were grievously Knocked when they were itliown this clalrted real estate advertisement lu the Globe of Joplln, Mo.: , "Dandy way to make money. Buy this 13 acre for hog raiHlng. Hlgn up with the government to dot raise, say, &JO hoys. It will (fay you fl.OOO. That will pay for the acres and have some left." "It's prepotderoiis !" exploded Mr. Davis. "ltd at Ifaht preliminary to fraud. It's deliberate misrepre-sentatlo- n and Dot lo any way possible. I ahull begin an Investigation at once." Huddleston protested, their contin- PERMANENT federal control of Is provided ued presence was Insisted upon. Whereupon the fiery Alabama con- for In a bill which was paied by gressman and his fellows from the the bouse and vent to the senate of early adoption house walked out and broke up the with prospect self. So he removed from ofllce the two meeting. Cohen Is generally given by that body. The measure, which chief but tiers. Gov. credit for writing the moasure and creates within the treasury a new Paul M. Pearson Wheeler has said be knows all agency to be known as the federal alcohol administration, was asked and Judge T. Web-b- about It the President to replace the Wilson, had After leaving the committee room, by Huddleston said flatly that the KACA killed by the Supreme court's other Jobs found bouse conferees would not recede NRA decision. Mr. Roosevelt wantfor thorn, and Dominated as Pearson's from the position that the "death ed the new agency to be an Independent ofllce, but the bouse d lsuccessor Lawrence sentence" must be eliminated. idded otherwise. V. Cramer, who 1 was serving as OPPONENTS of the AAA S" lieutenant the Nails to strengthen governor DETERMINATION of W. U Cramer of to "political ,Blan(J the powers of Secretary of Agriculgt Confirmation of the latter appoint- ture Wallace decided to let the basic Catholicism" In Germany and their ment was not Immedlute. The sen- act go up to the Supreme court, so consequent drive against Catholic ate committee Investigating the Is- the administration bill was passed rrr'" al youth organizations land affairs was slow in making up by the senate with only 13 adverse -TV suits more serious Its mind about Cramer, and from votes. Both Republican and conservSt Thomas came the news that the Nazi foes of the reunion administration ative Democratic foes of the AAA General Goerlng, there, together with a delegation are confident that the Supreme from St. Croix, were protesting vig- court will hold the basic act unhead of the secret orously against the President's se- constitutional and an early test Is police, gave out a lection of a new governor. assured by a senate amendment warning to CathThe Emancipator, opposition pa- permitting suits to recover procolic priests to be per, sal J editorially: careful In their essing taxes that have not been "The Islanders would about as passed on to producers or consum- tr I 4 ... comments from the ,HHiT soon have Peurson, for under Craers. One of the major purposes of pulpit, and Franz Franz mer no change of policy can be ex- the amendments was to close the minister Guertner, Guertner of Justice, Issued a pected. Poor and unknown as the courts, but the senute rejected this bumble people of the Virgin Inlands scheme by a vote of 41 to 23. As decree threatening prosecution for may be, they are entitled to an exa result, the Uoosack Mills case. In any priest violating Goerlng's Inample of honor and courage from which the l'.oston Circuit Courts of junction. Throughout the country tfce President of the American Regenerally fie Catholic clergy was Appeals held the AAA unconstitupublic." tional, will not be thrown out and cautious, but In Frleburg. Baden, The disposal of Pearson and Wil- the highest tribunal will have a where the Goerlng order had not son also aroused criticism In Wash- chance to pass upon It been published before Sunday, the Amid so much adverse criticism, priests read in their pulpits a letington. The former has been attacked steadily by Pat Harrison of the action of the Midwest farm ter from the episcopate calling the Mississippi and other Democratic leaders gathered In Chicago must Nazi action a violation of the consenators, but Secretary of the In- have been soothing to Mr. Wallace. cordat with the Vatican. To this terior Ickes had defended him Resolutions were passed praising charge the Nazis reply that the warmly, so he was given a Job the secretary and congressional Catholics were the first to violate under Ickes, being made assistant leaders for their efforts In behalf the concordat by making attacks on the Hitler youth movement in director of housing in the PWA at of "agricultural equality." $8,000 a year, a place not preThe farm leaders urged senate their parish papers. This new "purge" by the Nazis viously filled. approval for the commodity exIn order to provide a Job for change bill, passed by the house, Includes a renewed crusade against of the the Jews and dissolution of the Judge Wilson, a former congressand asked man from Mississippi and a protege Pacific Northwest Wheat Export Steel Helmets, veterans' organizaof Senator Harrison, a woman was corporation under the AAA to pre- tion. In various provinces. The forced off the federal parole board. vent wheat surpluses In that area Jews are helpless and, If Julius Attorney General Oummlngs re- from competing with Midwest Strelcher has his way, will be all driven out of Berlin or segregated quested and obtained the resignawheat and other grains. tion of Dr. Amy T. Stannard, a The meeting voiced opposition to In ghettos. But the Steel Helmets, whose chief Is Minister of Labor psychiatrist who has been In the the plans for transportation government service 12 years with a suggesting farmers would Franz Seldte, are likely to cause civil service status and had been profit more by competition among the Hitler government a lot of troua member of the parole board since carriers. ble. The organization's weekly pa1930. Wilson was sworn In as her per Is using language that Is not successor. Since Wilson's qualificonvocation of the often heard In Germany these days, cations for the place appeared to IMMEDIATE council to deal and Seldte Is demanding the reaNations son for suppression of the local be chiefly political, observers In with the Washington noted sadly that the was demanded by Halle question Selassie, divisions. parole board was getting back Into of Ethiemperor political bands. opia. On his beTHAT wholly the general strike, was half the demand D AKTIAL Investigation of the was telegraphed to tried out by organized labor In Inmilk Industry by the federal trade 1 the league secre- diana and the 67,000 Inhabitants of ITS commission was said to have retariat at Geneva Terre Haute were deprived of all vealed deplorable conditions and by Tacla Hawari-at- , food supplies. The local authorities the administration asked for $200,-00- 0 Ethiopian min- of Vigo county called on the goverto continue the Inquiry. The ister to France and nor for help and Mr. McNutt senate committee In considering the to the promptly ordered 14 companies of delegate bill cut the National Guard to the scene. Heflelency appropriation league. He Insistout that Item altogether, but when ed that the counBrig. Gen. Wray De Prez, In comthe measure came before the senate cil nroreed to the mand, promised the merchants who of Wisconsin moved an Emperor Haile examination of the had been bullied Into shutting their Duffy Selassie amendment adding the sum asked. situation under ar- shops would be given protection, After a hot debate this was ap- ticle XV of the league covenant, and said his first endeavor would proved by a vote of 51 to 18 and Ethiopia Invoking this article be- be to restore the milk and Ice servthe bill was then passed. The nu- cause of the "threat to her Inde- ice. This had been cut off even merous senate amendments had pendence from Italy." from hospitals and homes with sick added a total of more than $S0,000,-00- 0 British dispatches said Prime children. to the house measure, so the Minister Stanley Baldwin and leadThe general strike was called by $306,000,000 bill was sent to coning members of his cabinet were 48 unions without warning, because ference. labor leaders had been unable to believed to favor full league action, If other nations agree, as a reach an agreement with the Cocigar box last resort to avert the threatened lumbian Enameling and Stamping WHAT was InIn athe newspaper? Some 000 of that conconflict Diplomatic quarters In Lon- company. That Is what Senator Hugo Black, don heard that the British govern- cern's employees went on strike In chairman of the senate lobby com ment probably would alter Its pol- March and the plant was closed mittee, wanted to icy and permit export- of arms to down, but the union leaders thought know. Before the Ethiopia. The emperor's new min- It was about to be reopened by ister there, W. C. Martin, had a con- strikebreakers. committee for Conciliators from the Department ference at the foreign office and questioning was of Labor arrived and within 48 John W. Carpencame out smiling happily, but sayter of Dallas, preshours the general strike collapsed ing nothing. ident of the Texas and was called off by the union offPreviously Mr. Martin had admitPower and Light ted that Ethiopia was short not icials In charge. The strike at ' i only of arms but also of money. the stamping company, however, company. He admitted freely that "At the moment we have very litcontinued In effect and several i he and other utiltle money," he said. "I am doing times' the troops were forced to use all that Is possible to raise loans tear gas bombs to disperse riotous ity men had hotel In London, but thus far I have not mobs. conferences, d I and Terre Haute merchants estimated trip Senator Black met with a great measure of sucdown Chesapeake bay with concess. that the two days strike cost them "Stories have been published that at least half a million dollars. The gressmen during the fight over the Wheeler-Rayburstate spent probably $"0,000 In bill, and that he there are large secret funds availhimself had centered his efforts on able and that Emperor Halle Se- maintaining order by use of the Texas congressmen. But of the lassie has a treasure hoard of gold troops. The state federation of lamysterious box he could or would and Jewels, but that Is wrong. I am bor asserted the sympathy walkout tell nothing. Black probed and over here to offer concessions for was unauthorized which didn't gold, copper, and oil In return for heip much. probed, and finally asked: , "Do you still say that In the loans, but the London bnnkerg with morning (of the day before the vote whom I have had discussions do LA GUARDIA of New on the utilities bill 'death sentence) not seem willing to part with their MAYOR has created an Internayou didn't give a congressman a money. The attitude of the City of tional Incident all by himself. He London men seems to be that If hacked box wrapped up In a newspaper 7" up License Commissioner "I Italy defeats Ethiopia It will not Paul Mobs In his refusal to license Carpenter replied quietly: don't think I did, unless It was a recognize concessions granted other one "Mr. K" to work In the metropcountries by Ethiopia." few cigars." olis as a massage operator because Senate and house conferees met he Is a German. The German dipto consider the utility control bill, nBFLIN of Alabama onre lomatic officials were preparing to but there were small signs that they more Is on the federal pay roll. complain to the State department could get together, and one session The big former senator and repthat the city was violating the ended abruptly In a renl row. Two resentative who was beaten In 1831 commercial treaty administration lobbyists, Benjamin by Bankhead has accepted an ap- of 1023. But Mr. LaOuardla deCohen and Dozier A. De Vane, were pointment as administrative assistclared the trrary W null and void brought Into the executive session ant for the Atlanta district of the "because Germany has discrimfederal housing administration. The inated against American citizens of by Senators Wheeler and Barkley nd though Representative George Job pay $4,800 a year. Jewish origin." THATofrow the over the Virgin Islands was so unpleasant that President Itooiw. velt felt Impelled to aettle It him i 3 er 1 5 i Italo-Ethlopl- n German-- American TIMES-NEW- Thursday, August NEPHI. UTAH S. TilTNew 1, 1933 Deal Law and the CourtT M(GIEIR Well all I BEVERLY HILLS. know Is Just what 1 read lu tha papers, or what I run Into prowling around. A couple of weeks ago out here la the city of Angels, we bad a dtstio quit fulfilled gather ln. They called themselves the American Bar Association, and they was quit an array. I went dowo one night Just aa tha thing was getting start ed and did some rough and tumble blathering (or em. Run onto more old friends down there that I hadent aeen for years. Tha gathering was about as much political as it was legal. If not mora so. It looked like a reunion of the Republican Old Guard. All tha speeches during the Convention had nothing whatever to do with law. Tbey were all preludes to the next presidential election. They were opening overtures In the 1936 Follies. And you cant blame em. Pretty near everybody that does something has got a reason, and lots of times Its a pretty good one. The bid Republicans had stood by pretty good for the first year or year and a half of the Administration. Of course It was when tbey thought the President was all aces, but now that they begin to see that this fellow has treys and deuces In his deck, why they are 01U after his scalp. You see tbey are on the fortunate side. There Is nothing as easy as denouncing. I write day in and day out, you talk day in and day out (about something thats wrong) but I doubt if either one of us had to really offer a constructive remedy that would really stand up If tried why we would be stuck right away. Of course this early In the game you dont have to offer any constructive remedy. Just to shout what Is wrong is enough, and its all In the game. DIdent the Democrats yowl like a coyote at Mr. Hoover T In fact the Democrats can call a man more things than .the Republicans. The Democrats are better denouncers than the Republicans, for there has been so much more of the time that they have had to practice at it. Denouncing is not only an art with the Democrats but Its a profession. You see they are out of the office so much that they get all the practice. But for what little practice the Republicans have had, why they are not doing bad at all. Tbey, for amateur denouncers, are doing fine. Course they got some splendid material to work on, for there had been many a queer thing done during this Administration. Some of em looked like they were magicians tricks, but done with another magicians hat, and they dident hardly know what was in there, and when it was pulled out, why they were as much surprised as the people. The Democrats have done a lot of things just to see just how tho audience would take It. But to get back to the lawyers and their convention. They Just have a thousand committees to fix everything. They got one too to drive the shyster lawyer out of their ranks, hut Its sorter like a skeleton In the closet, some of the more old conservative ones dont want it dragged out. But they are doing a lot to eliminate him. Not all they could do if they entered into it whole heartedly. (they could kick em right out of the Courts) but they are doing something. You see all these laws that they are having so much trouble wondering if they are constitutional, they were all drawn up by lawyers. For almost two thirds of the membership of the House and Senate are lawyers. The minute you read something and you cant understand it you can almost be sure that It was drawn up byalawyer. Then If you give it to another lawyer to read and he dont know just what It means, why then you can be sure It was drawn up by a lawyer. If its In a few words and Is plain and Mi "rHi only one way. it was SL written by a r. Every time a lawyer writes som& thing, he Is not writing for posterity, he Is writing so that endless others of his craft can make a living out of trying to figure out what he said. Course perhaps he hadent really said anything, thats what makes it hard to explain. , Anyhow they are like a lot more of the crafts that many of us live by, great but really useless. One level headed Bmart man could interpret every law there Is. If you commit a crime you either did or you dident, without Habus Corpus, Change of Venue, or any other legal shindig. But Lord If we go Into the things that are useless why two thirds of the World would have to turn to manual labor. Thats really the only esentlal thing there Is. Anyhow they was a good bunch and they had a good Convention and It was good to meet em, tOJi. UcNtt SrodHti. It. 0$ 4 (t: iZvv 'J id .. THE Into application, and claims against It have bad a chance to find their way to the tribunals. At one time approximately 400 cases Involving New Deal legislation were pending In the courts. Many of these have already been decided upon, some by the lower courts and a few finally by the Supreme court There are about 17 of them which the concensus of the press hfis Imbued with more Importance than all of the others. Of these cases 15 have been decided against the present administration and two for it Most Important of all such decisions was that which threw out virtually the entire structure of the NRA, knocking the props from under New Deal planning. This left the President with three courses of action open: To build a new and better NRA, to simply suspend action for a while and "let 'em see how they like it," or to campaign for an amendment to the Constitution which would further centralize legislative power to aid the administration in coping with changing social and economic conditions. For a while It looked as If the President's policy was to be a combination of all three, but of late weeks tb third has emerged more and more clearly. Test New Deal Legislation. The first judicial straw which Indicated he way the storm winds were blowing was the decision of the Supreme court on January 7 of this year, when It declared unconstitutional section 9c of the National Industrial Recovery act. The court ruled that the Execu tive had been given legislative pow ers which were uncalled for, that proper rules had not been laid down for his guidance. The sec tion bad conferred upon the Presl dent the power to prohibit the transportation over state lines of oil which had been produced In ex cess of state quotas ; the power was denied. Hailed as a victory for the New Deal was the decision (5 to 4) of the Supreme court In upholding the gold clause cases, rendered February 18. While the decision upheld New Deal action of denying the gold payment obligation, the opinions of the Justices were In several cases severe rebukes. In this Instance there were three Issues at stake. The first resulted from congressional action In setting aside the obligation In private contracts to pay Interest or principal in gold, or other specific coin or currency. The action was sustained by the majority of five, who confirmed decisions of lower courts that "congress had power to adopt the Joint resolution with respect to these obligations of railroad companies and hence that the gold clause could not be enforced and the bonds were payable In legal tender currency." From the Court of Claims came the second Issue, which Involved the holder of a federal gold certificate who claimed that he should be paid according to the terms of the gold obligation or Its equivalent In this case the court simply said that the plaintiff had not been able to show any actual damages, so the Court of Claims had no right to entertain the case In the first place. Much the same was the third Issue, also op from the Court of Claims, Involving the holder of a Liberty bond who wanted his payment In gold. And here the court made a peculiar decision. It rather hinted that New Deal legislation was unconstitutional, but refused to do anything about It The V) Q STATES CHART OF NEW DEAL'S COURSE IN COURTS For A'eto Deal. (Supreme Court decisions are shown in black type.) Government gold clause cases upheld. TVA declared constitutional, reversing decision of lower court. Against Tiew Deal. Sec. 9c of NRA (President's Interstate power to prohibit transport of oil in excess of state unconstitudeclared quotas) tional. Sec. 7a of NRA declared void when applied to companies not engaged in Interstate commerce. Government power to regulate wages In bituminous coal iudus-tr- y denied. Right of PWA to condemn land for slum clearance In Kentucky denied. Again denied by Cincinnati court. NIRA lumber code held Invalid. Right of states to form NRA divisions voided In some states. Steps for stabilizing milk Industry declared unconstitutional. Railroad retirement act held invalid. Whol ? XT COURT OF THE UNITED THE SUPREME By WILLIAM C. UTLEY New Deal has been about In stormy political during the past few mouths In Its struggle to gain the shore of economic security, and hag at lust run aground on the Constitution of the United States, from which not even the throwing over of billions of dollars In ballast seems likely to be able to lift It. Court decisions have been falling thick and fast, now that New Deal legislation has had a chance to get 'lr I NIRA ruled unconstitu- tional. Frazier-Lemk- e farm moratorium act voided. President stripped of power to remove federal officers. PWA power loans voided. h tobacco act voided. AAA processing tax ruled out Hog processing tax from packers voided. Composite Score. For New Deal: 2. Against: 15. Kerr-Smit- dictums of the court said : "We hold that the Joint resolution of June 5, 1033, so far as It attempted to override the obligation of the United States created by the bond In suit Is Invalid. It went beyond the constitutional authorltv of con gress. But we hold that the action Is for breach of contract and that the Dlalntiff has failed t ft stYinxjrr cause of action for actual damages. Hence the court of claims could not entertain the suit" About the..8ame time a Federal court In Louisville, Ky., denied that the PWA had the right to condemn land for slum clearance. A Cincinnati court did the same Anntho court held the lumber code of the NRA unconstitutional. In some states, state courts threw out state recovery acts which were designed 10 complement the national ona Labor Relations. Government power to regulate la bor relations anywhere In the conn try, based on the consrlrnHnnni statement that congress shall have power to "regulate commerce with foreign nations and among the several states and with the imiinn tribes," was discarded by Judge John Percy Nlelds in the Federal District court at Wilmington, Del., In wierton bteel company case. A other Jolt for NRA. Another blow to NRA labor relations W89 an Injunction granted by Federal District Judge Charles Irvln Dawson at Louisville to 85 sort ooal operators, relieving iuem irom me rigors of NRA min imum wage requirements. Federal District Judge W. Grubb In Birmingham took a pot shot at the TVA when he declared mat i,(MH,ooo,000 experiment no constitutional, claiming that the fed erai government had no right to compete with private business In any state. This was, of course, til reciea at tne TVA yardstick " n was a New Deal defeat which was turned into a victory when Judge Gmbb's decision was reversed by uie circuit uourt of Appeals In Ne Orleans. "'"ow or tne destruction that m me aaa "... i tax was cast when the processing Supreme court on March 4 voided the plans of the New Deal for stabilization of the milk Industry In New York. In May the Supreme court de livered three death blows to the New Deal One was the decision which voided the railroad retire ment act In another case the court put a further crimp In President Roose velt's power by denying him the right to remove a federal officer The President had from office. sought to remove William E. Hum phrey from the Federal Power commission. And Another Blow. The third blow, the one that left even Franklin D. Roosevelt speech- lens (for awhile) was the decision of the Schechter poultry case. The decision was all the more crushIn ing because It. was unanimous. delivering the court's opinion Chief Justice Hughes declared definitely g provthat all of the were an unconstitutional isions transfer of legislative powers from congress to the President and others who had no constitutional right to them. About the codes, Chief Justice Hughes said: . . Section 3 (NRA) of the Recovery act is without precedent. It supplies no standards for any trade, industry or activity. It does not undertake to prescribe rules of conduct to be applied to particular states of fact to be determined by appropriate administrative procedure. Instead of prescribing rules of conduct, It authorizes the making of codes to prescribe them. " We think that the code- making authority thus prescribed Is an unconstitutional delegation of legislative power." About the power of the federal government to regulate local wages and working hours the chief justice said : "We are of the opinion that the attempt through provisions of the code to fix the hours and wages of employees of defendants In their Intrastate business was not a valid exercise of federal power." Hits Processing Tax. On July 16 the Circuit Court of Appeals at Boston declared that the processing tax of AAA was an unwarranted use of the taxing power to regulate and restrict cotton production; that it was an unwarranted exercise of federal power to delegate unlimited power to the secretary of agriculture to administer the tax, and that the tax violates the requirement that taxes should be uniform throughout the United States. It is now believed that the administration will seek to push as many of these test cases through the Supreme court as possible, with the view that If they are there held to be unconstitutional, constitutional amendment to centralize the legislative power of the nation much more than It Is now will form the Important part of the Democratic platform for 1036. One historian, Charles A. Beard, points out that three times before has the Supreme court "thrown Itself resolutely across currents of powerful Interests and Ideas." Once was In the Dred 8cott case, with its aftermath of the Civil war, and later the Thirteenth, Fourteenth and Fifteenth amendments, effecting Important changes In the federal system. Another wirs the1 court's attempt during and after the Civil war to restrain the and congress In severafcJ clslons; Its result was a curtifff-men- t of the appellate jurisdiction of the court and an Increase In the number of Justices from seven to nine (the two new ones to be favorable to the reversal of a decision which the administration wanted reversed, and the court reversed It). On the third time the court In 1S95 declared Invalid the Income tax law of 1804. The decision was reversed by amendment Of course there Is some question as to whether a parallel can b drawn between these decisions and the recent ones against the New Heal. If such a parallel can drnwn : Will history repeat ItselfT code-makin- ... Prj-We- A Wmtern Newiptpw Uirimt |