Evening star., 1933-10-13

Solemn responsibility which rests
upon the courts in deciding the initial
collaborating case is brought out in
the public discussion of the constitu-
tional issues that are raised by the de-
fendant. The prosecution is based upon
failure to report possession of gold. con-
trary to Government orders, but the
defendant questions the whole law
which includes ban on boarding. The
chief question, as emphasized in COM
ments, is as to whether a national
emergency is accompanied by the sub
stitution Of Government paper which
may be of lower value.
Fundamental issues are involved"
says the Newark Evening News, with
the explanation that the fifth amend
ment of the Constitution forbidS gov
ernment to take private property with
out due process of law and just COM
pensation" The Evening News con-
tinueS: The rejoinder of the prose-
cutting authorities is that the act OF
Congress, the Presidents order enforc-
ing it. and the national emergency
upon which both rest constitute due
process, and that there is no element
of undue compensation involved. The
fact remains that if government can
take mans gold away from him. 1t
can also take his other property, in
peace as in war. and itself be the judge
of the compensation due. The other
fact likewise remains. as determined by
State and Federal courts in two milk
control cases. that in the presence OF
public danger the individuals rights
must yield to the general good. The
Supreme Court will in due time have in
this case. as to this general and I'M
portant issue, the last word"
Governp ent in the position of having
started something it couldn't 41nish,"
advises the Philadelphia Evening Bulle-
tin, with the report that there are
said to be 10000 persons on the list OF
defiant gold hoarders," and that in
the present case the issue was forced
by the gold owner when he sued for
possession Of his property, in the pos
session of a bank. putting a chip upon
his shoulder and inviting Uncle Sam to
knock it off" The Danbury News
Tines believes that while authority to
commander gold is one question" un-
der the existing law 1t is 'rtain that
tn Government has authority to re-
quire report of gold holdings
"AS to the ordering of such a report
by all citizens" thinks the Boston
Transcript. 'it seems very probable
that adequate power vests in the
President and Congress, if the reporting
phase be taken in and for itself alone.
Thus far the Federal district attorney
has tried SO to segregate the issue
But counsel for defense have already
argued in reply that the emergency
banking act is unconstitutional as de-
priving a person of property without
due process or law, and that therefore
no power can flow from this act war
ranting the President to GO anything
even including so simple deed as the
making of an order that persons who
hold gold must report their holdings
If anC when plea of unconstitution-
ality. brought upon that ground,
reaches the Supreme Court at Wash
ingtor 1t is incOnceivable that the jus
tices will give it anything less than full
and far-reaching attention. What their
judgment will be is not alone unpre-
dictable. 1t Is an issue so laden with
public interest, an issue so crucially
involving the legal integrity of the
Governments whole recent policy in
the premises, that any citizen must
stand in silent respect, almost in awe,
of the immensely responsible weight OF
decision which it will throw on the
Justices"
Just how man who cannot get the
gold he put in the hands of bank for
safekeeping. and which has been ef-
fectively confiScated on behalf OF the
Government, can be held tc be holder
of gold is not very clear" observes the
Charleston Isl 10 Evening Post, while