Montana labor news., 1933-12-14

NEW Y0RK.-In the opinion of
Justice William Hartman Black of the
New York State Supreme Court, the
National Industrial Recovery Act is
in entire accord with both the spirit
and letter of the Federal Constitution.
For his legal grounds Justice Black
said he relied on Article l of Sec
ton 8 Of the Constitution, which con-
fers on Congress the power ito pro-
vide for the common defense and the
general welfare"
Justice Black gave his opinion at a
dinner Of the Phi Delta Phi Frater-
nifty Of Columbia University Law
School at the Princeton Club. After
his speech the students and faculty
members present adopted a resolution
endorsing his views.
Why Congress Enacted the Law.
In the policy declaration of the Re-
covery Act, Congress said:
"a national emergency productive
Of widespread unemployment and dis
organization of industry, which bur
dens interstate and foreign commerce,
affects the public welfare, and under
mines the standards of living of the
American people, is hereby declared
to exist"
To meet this emergency and "to
provide for the general welfare"
Congress declared that it was its pol
icy, among other things, Ito elimin-
ate unfair competitive practices, \ =
to increase the consumption of indus
trial and agricultural products by in
creasing purchasing power, to reduce
and relieve unemployment, to improve
standards of labor, and otherwise to
rehabilitate industry and to conserve
natural resources"
Governments Right to Relieve
Distress.
In amplification of his opinion that
the Recovery Act does not controvert
the Constitution of the United States,
Justice Black said:
"The other evening at the State
Chamber of Commerce dinner, For
mer Representative Martin w. Little
ton paid glowing tribute to the per-
manency and binding power of the
Constitution. But if l understood his
remarks right he followed his tribute
to the Constitution with a defiance of
the Recovery program. l gathered
that his objection to it was based on
the fact that the Recovery program
invaded the rights of citizens"
"a state or a government under a
charter or a Constitution too rigid to
allow the succor of its people in times
of distress does not deserve to endure.
Such a government is the victim of
creeping paralysis, and is simply
dead and don't know it,
Congress has power to declare
war. Can it be seriously contended that
Congress a declare war and can not
provide for peace by preventing cut
throat competition?
Every government has the inher-
ent right to provide for the common
veal and do just what our govern
ment is doing today. The only thing
that ought to keep a government from
looking out for itself is some tech.
nical provision in its charter or Con-
stitution."
America" has fled from the shadow
of tyranny here, one Of my sons, leav-
ing this state, is chief editorial writer
for a newspaper with the largest
daily circulation of any newspaper in
the United States. Others of my
sons have left this commonwealth be-
cause of its being throttled by or
gained wealth against the rights of
humanity. Nothing could be done
more sitting of this great effort ON
the part of the people of Montana, to
free themselves from the powers Of
organized greed, than the appointment
Of Thomas j. Walker as Federal
Judge.
Respectfully,
nurArnnC MAtrDN