Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-09


BARLEY. Star Staff Photo.
mentalities by which the article is trans
ported. Under this power Congress not
only regulates the rates charged for
passengers and freight upon the rail-
roads of the country, but it regulates
the issue of securities, the construction
of engines and cars, the adoption of
safety appliances, the wages of en-
ployes, the hours of service and almost
everything connected with the conduct
of interstate transportation facilities.
1t regulates the inspection of every
steamship that plies the waters Of the
United States. 1t regulates the trans
mission of messages from one State to
another, the flight Of airships and 1t
even attempts to divide the heavens
among those entitled to use them for
the employment Of this marvellous new
fundamentally which we call the radio.
In the exercise of this power Of re-
vision over acts Of Congress, the Su-
preme Court has not always been In
fallible and its decisions have been
subject many times to public criticism.
Especially Is this true where 1t has
invaded the field Of politics or eco
Monies. The Supreme Court has on
decisions. There Is a provision IN the
Constitution that prohibits any State
from enacting Q law interfering with
the validity Of a contract. It was In
consequence Of this decision that the
famous Dartmouth College case was
decided, holding that State could
not revoke a charter which it has pre-
viously issued because it was con-
tract between the State and the In
stitution. However, the rigidity OF this
decision was later modified, and 1t
might be said the case was in all in
tents and purposes reversed. which &C
cords to States more lberality in deal
ing with private institutions In the
interests of the public. One Of the
most interesting controversies involv-
ing the power of the Supreme Court
was with reference to the famous In
come tax law. For nearly q hundred
years the Supreme Court had held
income tax laws passed by Congress as
valid and constitutional. So uniform
had been its attitude upon this sub
ject that 1t became almost a traditional
and accepted policy. Without going
into the details, may only say that
in no case during all that period, ac-
cording to my present memory, had
such q tax been held to be illegal, ex-
come from real estate, but when Con-
gress nearly 10 years ago passed an
income tax law, 1t was held TO be I'M
constitutional by the change Of sin
gle member Of the court so as to result
in a majority Of to 4 against the
constitutionality Of the law. This de-
cision resulted In 40 years delay In Sc
curing q constitutional amendment and
the adoption Of the income tax as a
national policy. During that 20 years,
possibly three billion dollars In taxes
were escaped by those best able to pay,
increasing the burden upon those least
able to pay. If this decision had been
in effect and no income tax amend
nnent to the Constitution had been
adopted, 1t Is difficult to see how the
World War could have been financed.
Decisions Affect People.
Many of the decisions Of the Su-
preme Court affecting the welfare and
daily lives of the people have been
rendered under the fourteenth amend
ment to the Constitution, which pro-
vides that no State shall deprive any
person of life, liberty or property with
out due. process of law. OF course, this
amendment was adopted as a result OF
the Civil War, and was largely intend
ed to protect the newly liberated citi-
zens from any legislation that might
prejudice them In the enjoyment Of
their lives and liberties. or their prop
erty due process Of law was sup
posed to have referred largely to mat
preme Court has construed this pro-
vision to include not only the protec-
ton Of life and liberty, but 1t has
been held by judicial Interpretation to
include legislative or executive policies
that may involve the profits upon in
veStments Of public utilities organized
for the service Of the people. It was
under this judicial Interpretation OF
the power Of the Supreme Court that
the famous Baltimore rate case was
decided, which played so prominent a
part in the discussion of the appoint
ment and confirmation of Chief JUS
tice Hughes, although he played no
part in the case, either as judge or
as an attorney. This Interpretation OF
the Supreme Court has taken it into
the field Of economics and has given
substance to the contention In the
Senate that If the Supreme Court Is to
exercise the right to pass upon case
Of profits and of public service and
other matters involving the relation
ship between the people and corpora
lions created by them. that the Senate
has the right to make reasonable in
quiry into the professional and eco
nomic environment and views Of those
who are to exercise this tremendous
power as members OF the Supreme
Court.
The commerce clause Of the Con-
stitution has been largely the basis for
all antitrust legislation and for legisla-
ton regulating interstate common car
riers. These laws have been almost
uniformly upheld by the Supreme
Court, and the commerce clause has
been interpreted to include not only the
ordinary articles of human consump-
ton. like food and drugs, but has in
cluded almost every transaction be-
tween citizens Of different States, ex-
cept the issue of insurance policies upon
their lives. Congress has on at least
labor of children under certain ages
first by levying tax upon the product
of such child labor, and next by pro-
hibiting the transportation of such
articles in interstate commerce. In both
cases the Supreme Court nullifed the
acts of Congress as being unconstitu-
tional. In effect, they have held that
Congress may prevent the shipment
from one State to another of an article
that is harmful or injurious, but that
unless the article Is harmful or In
furious to the people Congress cannot
regulate the method of its production
although it may later enter into inter-
state commerce. The child labor lawl
and the. antitrust laws, and all the
acts to regulate commerce, were based
alike upon the commerce clause OF the
Constitution. It has sometimes beer
difficult to reconcile decisions of the
Supreme Court unfolding injunctions
that In effect regulate the method Of
production Of commodities that latel
enter into interstate commerce, with de-
| cisions Of the same court denying Il