The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-06-03
EMASCULATING THE
TRADE COMMISSION

by Judson King, Executive Sec
rotary of the National Popular
Government League).
Your servant, President Harding,
asked your servant, the Federal
Trade Commission, to tell him why
prices to the consumers don't come
down. An able letter recently made
public by the commission told the
president why. And those of you
not content with guesses, gossip,
and barbershop craftsmanship should
write for a copy.
1t reveals combinations of gen
tlemen stronger than the Federal
Government, their latest methods of
circumventing law, and the COM
mercial devices by which you pay
say $500 for an article which should
cost S1.OO. The commission prop
erly makes no comment on our
methods of government. That is not
its business. 1t tells the president,
however, that it has been halted
for over a year in performing the
most valuable service for which it
was created. 1t says, There is
no complete information available
to anyone with reference to the
proper adjustment of manufactur-
ers', and also wholesalers and re-
tailers' prices in any industry"
But to get such information is
exactly the purpose for which the
commission was set up in 1914 by
congress, composed of 531 mem
bers, so per cent of them lawyers
sworn to uphold the constitution.
On a referendum to 100000 vot-
ers it would have been enacted five
to one. 1t expressed the national
will. 1t was signed by the presi-
dent.
What is the matter? Answer;
AN INJUNCTION.
Early in 1920 Congress asked the
commission to investigate and re-
port to it the exact cost of mining
coal, and appropriated $50, 900 for
the job. The National Coal Asso-
citation asked, and a SINGLE JUDGE
granted an injunction stopping the
investigation, on the ground that
mining coal was not interstate
commerce." That is, one man, a
judge, pits his opinion and power
against the opinion and power of
531 men, law makers, mostly law
yers, the president and the whole
nation, with the result that Con-
gress and the people for a year
have been in total ignorance on this
question, at time when coal was
outrageously high and such knowl-
edge Of vital value.
1t would be interesting to know
the CASH VALUE of that injunc-
ton to the coal companies until the
Supreme Court finally decides -
that is in effect, legislates. We get
a hint from the fact that some
fourteen months ago, when the pres
ident's coal commission granted the
miners a 25 per cent wage increase,
the coal men promptly announced an
advance of 200 per ton The Fed
eral Trade Commission, however,
showed the increased amounted to
only 45 cents per ton average, and
the advance on account Of wages"
promptly collapsed.
Note that this injunction affects
not only coal, but everything else,
and if sustained shears the COM
mission Of its most important pow
ers.
It is not for us, however, to rail
at the judges. They are exercising
powers conferred by legal prece-
dent, for which no law exists but
which has been acquiesced in by
the people of this nation for a
century.
The real question raised is this:
Who is to exercise the supreme
law making power in this republic,
elected law makers responsible to
the people, or judges appointed for
life?