Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-16
CONTINUED From Third Pasel


Commerce Commission is checking up
It's figures on valuations of the railroads
With this decision in mind.
Consolidation Of Railroads Up.
The railroads are pressing for recog-
milton of the doctrine that valuation
must be on the basis of cost of repro
duction. Besides, Congress will be con-
fronted with a serious movement to
enact new law on valuation of railroads.
Not improbably, this will succeed in the
next Congress, If not in this one.
A great drive is to be made in the
next year or SO to enact new legisla-
ton affecting consultations. And the
Interstate Commerce Commission has
put out comprehensive plan for con-
solidation of the roads, to which there
is much opposition, partly from some
Of the roads.
Under such circumstances it need
scarcely be said that litigation of the
most far-reaching character is going to
find its way to the Supreme Court with
relation to these and other angles of
the railroad situation. Valuation of
the railroads and their consolidation
may be expected to be leading issues 10
years from now, just as they are today.
and 1t is probable that they will con-
stitute foremost subjects of contention
In the courts for another generation
at least.
Future of Radio at Stake.
Until recently the Supreme Court.
which has long complained of being
overworked, felt it had enough to do in
dealing with contentious arising on
land and sea. But now the air has to
be reckoned with. Development of
radio has opened up new and trouble
some propositions for the Federal courts,
which means that the Supreme Court
ultimately must deal with them.
This is illustrated by the recent rul-
ing of the court in the WGY case.
With powerful and related interests
pressing to gain vested rights in the
air and Congress, or majority of it.
fighting the idea. and in view of the
fact that radio is but yet in its infancy,
one may well ponder what issues it will
force on the attention of the national
judiciary.
Moreover. Congress is expected at no
distant date to enact a law for a COM
mission Of communications in charge of
wireless, telegraph and telephone COM
munication. Out of such legislation
will spring new legal questions which
viii cause some anxious days to Mr..
Hughes and his associates.
Prohibition Issue Likely.
Then there is prohibition and its pos
eibilities. No man can foresee with
certainty what perplexities will come
out Of enforcement of the dry laws and
the eighteenth amendment. The dis
position Of the Supreme Court in the
hrst decade of prohibition has been to
90 to great lengths in uphol ing the
amendment and the laws in pursuance
Of it.
Indeed, the court is sometimes criti-
e1zed for OVERRIDING this and for allow
ing constitutional rights as to search
and seizure to be broken down and for
permitting some parts of the Constitu-
ton to be crowded out to make room
for the Volstead act and some of the
drastic dry proceedings which have oc-
earred under it.
Sometimes it is said that the record
Of the Supreme Court from the time
It was founded shows that it has not
been swayed by political influence or
by popular opinion. In respect of pro-
hibition its critics maintain it has been
influenced by what it believed to be
the great weight Of dry sentiment in
the country.
Commissioners Court Suggested.
Be that as it may. the issues arising
nom prohibition which the Supreme
Court must settle are by no means ex-
hausted. And this is the more true
because Of the fact new legislation on
prohibition seems near at hand.
the changes in court procedure
which have been recommended by the
Law enforcement Commission are car
T1ed into effect by Congress and trial
ny jury Is practically abolished In
certain class of cases, with trials be-
1ofe commissioners rather than before
courts, there will follow a controversy
over constitutional Interpretation of
such importance that the Supreme
Court will be called on to pass its
judgment upon it.
Power of the Federal Government to
regulate primary elections is a dis
puted proposition. The ruling of the
Sopreme Court in the Newberry case
by no means stilled the controversy
over this matter.
Burdens Grow Heavier.
In the field of controversy between
capital and labor there is much yet
70 be cleared up by the courts. It is
especially true with relation to curb
Ing the power of the Federal courts
In the issue OF injunctions in labor
disputes.
A powerful movement is on in Con-
eress, pressed by labor, to enact anti
Injunction legislation. If this is en-
oNo~0 AZ WA ~ 81 pIIdlktlb 10 LIE uGdIJ
OF Federal court authority that the
supreme Court cannot escape passing
on it.
One might easily enumeriate other
subjects Of a major order, involving
constitutional Interpretation, which the
supreme Court must, without any great
delay, take recognition Of
Nth the growing complexities of
modern civilization and modern bust.
! ness and industry. it cannot be other
wise than that the highest lourt of
) the land should find an ever-present
burden Of litigation bearing heavily
upon it.
Courts Methods Democratic.
Though the Supreme Court of the
United States is the highest judicial
tribunal of this country and is ranked
by many as the foremost in the world,
Its workings are comparatively simple.
It Is democratic in spite of the mai
esty Of its power. It consists of the
Chief Justice and eight associate JUS
tices and a relatively small clerical
force.
For many years 1t has been doing
its work in cramped quarters in the
Capitol Building. though it will not
be long until magnificent new struc-
ture which will house 1t will arise
from the east of the Capitol and north
of the Library of Congress. This new
structure, 1t may be added, is largely