Evening star., 1933-12-14
High Court Ruling Awaited
In Florida Recovery Test Case

Decision by Federal Judge in Flor
ida adverse to N. R. A. rules as applied
to local business brings out considerable
comment to the effect that the United
States Supreme Court must step in and
determine the matter.
If It turns out that the law and the
codes may not be applied in some of
these minor cases." suggests the Port
Huron Times Herald. however. "the
N. r. A. should be able to make the
necessary adjustments, and go right
along with the larger efforts that will
be really effective in giving business
and industry the boost they need"
The Connellsville Courier holds that
'the significance of the decision is that
a test of the N. r. A. act is sure to be
made, but until 1t is brought to a final
decision 1t cannot be accepted as proof
that the N. I. r. A. Is unconstitutional. /"
The Rock Island Argus believes that
national emergency undoubtedly will
be urged, II the N. r. A. ever gets to a
test before the Supreme Court" and
observes that should a decision be
made adverse to the N. r. A. it would
bring about very complicated situa-
ton"
"The power of public opinion" is seen
by the Houston Chronicle as back of the
N. r. A. rules, with the declaration
that this was "the sole power relied on
by President Roosevelt in establishing
the blanket code for all industries. /"
The Chronicle concludes: Just as OBJ
servance of the blanket code, which was
unenforceable in law, was easily re-
quired of recalcitrant firms because
public opinion was behind it, so observ-
ance of N. r. A. rules by intrastate
business can be required" The Kansas
City Star points out that the N. r. A.
has been successful in court tests at
other points in the country, and con-
cludes: ''If these decisions are to be
taken as indications, basic provisions
of the N. r. A. are to be regarded
favorably by the legal tribunals of the
country. The issue will not be deter
mined finally. however, until the Su-
preme Court has spoken on the consti-
tutionality of the central principle Of
industrial control"
"The trainers of the Constitution" In
the opinions of the San Jose Mercury
Herald. recognized war as an emer-
gency and conferred the war power on
the Federal Government. It may do,
the Supreme Court holds, whatever Is
necessary or proper to give effect to war
poWcIS. NO emergency OIueT IIldIl war
is mentioned. The Florida Federal
judge held this meant the trainers had
discussed the question of emergency
and decided to recognize none save
war. To hold the depression is an
emergency lets down the bars. If Con-
gress may, under the pressure of popu-
lar feeling, declare one economic situa-
ton to be an emergency, it may declare
others to be. At the last session 1t
even effaced itself and conferred its
legislative powers on the President.
Whether it is wise to establish the
precedent that what Congress. under
pressure, conceives to be an emergency
suspends the Constitution is a PROPOSE
ton the American citizen will do well
to think through" The Wall Street
Journal makes the comment: Unless
reversed by the Supreme Court that
decision, that the Federal Government
has no jurisdiction in matters purely
local, stands as law without questioning
its right to move in matters relating
to interstate commerce nsuch manner
as may be necessary to meet the prob
lens with which 1t Is confronted. II
purely local businesses must be regu-