Evening star., 1933-12-03
ruling WOULD CUT.
EFFECT OF n. R. A..
Federal Judge Holds Act Can
Apply Only to Interstate
Commerce.
Continued From First Page.)

Continued From First Page)
period Of emergency this congressional
declaration gave the Recovery Admins
tration full power to reach into the
local trades. However, on a longtime
basis. they have believed 1t would be
necessary to obtain State laws for local
| policing Of national codes.
| Moves in this direction have been
started at Washington headquarters
and few States have laws usable for
this purpose.
In his opinion, Judge Akerman said :
Section l OF the national industrial
recovery act attempts to justify the en-
| actment OF the same upon two theories !:
| One Is to remove Instructions to the
free fow OF interstate and foreign COM
merce and the other is in the time Of
an emergency to provide for the general
welfare by promoting the organization
Of industry for the purpose of co-opera-
tive action among trade groups. It is
conceded by counsel for complainants
/ that neither the complainants nor the
defendant are engaged in interstate
commerce and without such concession
1t would require stretch Of imagina-
| ton beyond the power Of this court to
conceive that local industry engaged
in the pressing cleaning and dyeing Of
clothes was engaged In interstate COM
merce.
a Sees State Tower Usurped.
$50 If the code for this industry is to
be justified under the Constitution it
must be upon the ground that an emer-
gency exists which would justify Con-
gress In attempting to regulate a purely
lntrastate business and I can find no
authority in the Constitution which
authorizes the National Government In
any emergency to depart from its con-
Stltutlonal function and invade the re-
serve power Of the States"
The name of Samuel Bazemore was
ilsteo among those cited to appear at a
hearing called in Washington for De-
cember II on allegations Of violating
petition for the cleaning and dyeing
business.
Hearings on Profteerins.
the dry cleaning code violation
hearings will begin the day before N.
r A starts another series of public
Dealers and r Customers 0 viii FohsHer'5s hsTe an
opportunity to protest alleged over
charges and N r. A. hopes to estab-
hsh definitely whether codes have been
used for outright gouging or whether
they have caused disproportionate
prices for the benefits obtained.
The cleaning hearings, conducted BIZ
Johnson In person, will continue until
all complaints have been passed on.
The evidence to be used has been gath
cred by investigators Of the Federal
mi ion yrprr lyiv !, NJ
AS deputy administrator, H. B. Lud-
lum. Each man charged with violation
has been sent letter informing him Of
The hearing and giving opportunity for
defense, with the added warning: In
your absence such action will be taken
as the facts In the case warrant
N. r. A. officials said in many cases
1t believed the violations we're not in
tentional but due to misunderstanding
OF the individuals obligations under
the code
But in many others the investigators
have picked up advertisements and let.
ters Haunting the code violation. 1t will
be up to these defendants to make good
their claim that the minimum prices
established for their territory are ex-
cessive and unreasonable or face prose-
cution.
The minimum prices now in effect
range from IS cents to 95 cents, with
the exception Of California, where q
code adopted under State Law fixes a
81 minimum. These levels were ap-
proved by N. r. A. subject to further
study and a hearing on December Is
to determine the actual effect of the
new minimums in operation.
Letter to Dry Cleaners.
The N R. A srid johnson had sent
this letter to the more than 100 dry
cleaners:
The code authority has reported tina.
you are violating the provisions of the
code Of fair competition for the clean
ing and dyeing trade.
Notice is hereby given that a pub
lie hearing will be conducted by the
administrator beginning at 10 am.
Monday. December II, 1888, in room ~
United States Chamber of Commerce,
Washington, D. C., end continuing
until completed.
Evidence of violations of any pro-
visions Of the cleaning and dyetng
code may be presented and you will
be granted an opportunity to be heard
In your absence such action will be
taken as the facts Of the case war-
rant"
The Recovery Administration made
public the following list of those cited
to appear at the hearings, In some
cases omitting first names or initials:
Florida-American Cleaners, Pensa-
cola; Publix Cleaners. Inc, Deland:
Samuel Bazemore, St. Petersburgh;
Cleaners. West Palm Beach.
observation-disclosures, Inc, Alexandria.
Tennessee-Central Cleaners, Knox
vile; Moore Wright Dry Cleaners,
Knoxville; University Cleaners & Shoe
Shop. Knoxville; Nick's Place, Halter,
Knoxville; Tenn Hat Works. Knoxville:
Nu-Way Cleaning Co., Knoxville; Union
Shoe Shine Parlor, Knoxville; South
Knoxville Dry Cleaning Co., Knoxville;
Knoxville Dry Cleaning Co., Knox
vile.
South Carolina Partisan Dry Clean
ers, Columbia; Peters Dry Cleaners,
New %ysaS york DRY S Geanafs sfsHss oo
Mmbia. Lincoln Pressing Club, Colllrl.
bia; Sam Hamlet Anderson.
Georgta-Snow Cleaners, Savannah:
Mr, Wheeler, Savannah
Virginia Dry Cleaners, Bristol.
North Carolina-McCorkle Cleaners
Wins9Snrsalem Rsars ksesors Dry Giesn
ing Co., Tryon; Morgan-Hoffman Co..
Winston Salem; Valet Service Shop,
Winston Salem; Victory Cleaners. VIM
ston-Salem; Advance Cleaners, Winston
Salem; Ideal Cleaning Co., Winston
Salem; Unity Cleaners, Winston-Salem;