Evening star., 1933-12-04
n. R. A. RULING HELD
OF LITTLE IMPORT
Officials Regard Lightly Deci.
sion of Federal Judge
in Tampa.
BY the Associated Press.

BY the Associated Press.
officials of the National Recovery Ad-
ministration attach little importance to
the ruling Of a Federal Judge that the
Constitution does not permit enforce
ment Of national code terms on local in
dustries.
AS a result the N r. A. will continue
upon its course to obtain compliance in
every line of business for which a code
is in effect.
Donald r. Richberg, general counsel
Of the Recovery Administration, said
undue Importance had been attached to
the expressions on constitutionality of
the recovery act contained In an Opin-
ion handed down Saturday by Judge
Alexander Akerman in Tampa. Rich
berg said the judges ruling was a minor
point and that his opinion on general
application of the law did not have the
force of a court decision.
The N. r. A. program will be to MAIN
tain the position that unemployment,
poor pay and chaotic conditions in local
trade are creating havoc in interstate
commerce, that industrial well being in
the latter cannot he restored without
regulation of the former, and that.
therefore. Congress did have the power
to provide for such regulation.
In the Tampa case, dry cleaners of
St Petersburg, Fla. had sought a re-
Straining order against competitor
who refused to charge the minimum
prices for cleaning established for that
city under the code for the industry
The judge denied the order.
100 Cleaners Cited.
Only Saturday the N r. A cited more
than 100 cleaners from various parts of
the country who are similarly charged
with disregarding minimums to Justify
their action at public hearing here
starting December IL, or be prepared to
face prosecution.
In these cases. however, N. r. A. has
a further legal weapon. Many of the
cleaners complained against have been
displaying the blue eagle. The agree
ment that goes with it is regarded as
legally binding its signers to the code
for their industry once it is promul-
gated. They have the right to plead
for exception from its terms, but, failing
to do so. are regarded as voluntary
subscribers to the code. That, in
N. r. AS legal theory, binds them to
abide or suffer penalties as violators.
Whether the St Petersburg pressing
club had flown the blue eagle was not
known here.
Follow Brandies Philosophy.
In contending for the right to regu-
late local trade during the national
emergency proclaimed by the industrial
act, N r. A. advisers argue that 1t is
exceedingly difficult to draw a line be-
tween strictly intraState and interstate
nnta Arna Thav rntpk n,tk that tha
Interstate Commerce Commission estab-
liShes rail rates within a single State,
as well as nationally. because otherwise
the whole rate structure would collapse.
cities within a single State being in
position to obtain advantages closed to
those separated by State lines
The philosophy of Associate Justice
Louis D. BrandeiS of the Supreme
Court is being closely followed by the
Roosevelt administration on conStitu-
tional interpretations. Several of his
opinions are regarded as giving support
to N. r. A. principles.
Richberg's statement on the Tampa
decision follows:
The decision on application of a
private individual for an Injunction
determination of the validity of the re-
coVery act.
This particular decision of a Fed
eral judge was based. first. upon a de-
nial of the right of an individual to
seek an injunction which the law spe-
c1hcally conferred on the district at
torney, and, second, the statement as
to the application Of the law to local
business is not based on a finding of
fact after hearing evidence as to
whether the local business did or did
not affect interstate commerce.
Act Held Constitutional.
The recovery act whole is un-
doubtedly constitutional, This is the
prevailing opinion among all competent
legal authorities, and any determination
that a particular method Of adllllllS'
feet 9e genera1 administTetion d Neuta h4t o9 the
aC1. I
conat 1ndge AfegmanE fe9 def5Tion drew this
Senator Dickinson, Republican, of Iowa
said:
i concur in the decision absolutely,
and think it will have a far-reaching
effect on the N. R. A. program. am
very anxious for it to get to the Su-
prene Court"
Representative Beck, Republican. of
Pennsylvania said
The greater part of the industrial
activities of the Nation, which are now
sought to be regulated by Nationwide
codes, are in fact wholly intra-State
and the Importance of this decision is
that the Federal Government has no
constitutional power to regulate an in
dustry whose operations are wholly