Evening star., 1933-08-06
National Recovery Act
And State Jurisdiction
BY HARDEN COLFAX,

Some interesting and significant de-
velopmentS of the influence of the ma
tional recovery act may be seen in the
way State authorities are responding to
the call Of the President for co-opera-
ton.
Addressed primarily to industry and
trade from the Nationwide angle, N.
R. A. is already having noteworthy ef-
fects on State legislation, past and fu-
ture. In certain States, moreover, it
finds an existing bcdy of legislation in
line with its main purpose. For years
many States have had on their statute
books legislation looking to a fairer
treatment of labor and general better
working conditions Some CT them
have had rather stringent antitrust
laws
Here some possible complications
were seen by the Recovery .Administra-
ton. During the life of the recovery
act some Of the provisions of the Fed
eral antitrust laws may be suspended
in the case of industries and trades
with codes approved by the President.
All industries and trades will be thus
favored m a general way during the
life of the blanket code which goes into
effect this month. Whenever the pro-
visions Of the national act controvene
those of a State statute, the State law,
OF course, in matters of interstate COM
merce must give way.
Then again it is was feared by N. R.
A. that there might be complications
due to State labor laws relative to dis
elimination between the sexes and
among races. Some States have laws
permitting, in effect, price fixing. Cali
Iornia is one Of these
At the conference Of State Governors
IN San Francisco last week enthusiastic
support was given to the recovery plan
and the President was assured that W the
States would move to put on their
statute books such legislation as might
be necessary to bring them in line with
N. r.. A. The Federal act provides that
the President Is authorized, with the
consent of the State, to utilize State
and local officers and employees as he
may deem necessary. The Governor of
west Virginia has already issued an
executive order directing all State.
county and municipal officials to COM
ply in every detail with the provisions
OF the recovery act. The Governor of
New York, in special message to the
extraordinary session of the LEGISLATURE,
urged that the same control be exer-
clsed over the intrastate commerce in
New York as that set forth in N. r. A.
Ior interstate commerce, and he rec
ommended series of enabling acts
which would make the standards laid
down in the Federal codes the Official
state standards for business wholly
within the State Of New York. Other
States are expected by the national ad-
mln1stration to follow suit.
The period of depression seems to
have been marked by new State legisla-
tion which shows fairly definite trend
toward throwing overheard a large per-
tion of the free competition creed as
applied to certain fields of business ac-
tlvity. California. Texas and Oklahoma
nave been struggling with the problem
OF regulating the production and dis
trloutlon OF petroleum. looking toward
planned production. Comparable reeu-
lations in California and Oklahoma
have been held constitutional by the
supreme Court of the United States
Analogous legislation in the interest of
cotton planters exists in South Carolina
ana Is contemplated in other States.
X r 4
There are laws in Louisiana. Missis-
slppl ana Indiana putting restraints ON
marketing competition from the stand
point of the producer, and in the same
States. as well as in Kentucky and
Wisconsin, in relation to the retailer.
The competition between railroads.
trucks and busses is fast coming under
ever more strict regulation in q number
of States.
1t is felt that the present emergency
mas demonstrated the need not only
for permanent change In the Federal
antitrust laws, but that it has also
shown clearly need for further reg1Ila-
tory activity over intrastate business.
# this can be brought about through
the initiative of State governments
themselves, even in response to the
pressure OF an emergency, the states
men Of the new economic order in
Washington say, SO much the better.
scopyrisht 1887 -.----