Evening star., 1933-12-04
VALIDITY NO ISSUE
IN NJ. R. A. RULING
Florida Judges Action Ap-
plies Only to Local In.
duStry Control.
BY the Associated Press.

| BY the Associated Press.
TAMPA, Fla, December 4.-The
validity of the national recovery act
was not raised in the suit in Federal
Court here by dyeing and cleaning
operators Of st. Petersburg in seeking
| an injunction to restrain one operator
from cutting prices below the code
| minimum.
In refusing to grant the restraining
order Federal Judge Alexander Aker-
man held that the act itself was un-
constitutional in so far as it attempts to
| control local industry.
This ruling. made Saturday by the
! judge, started a WhirlWind of talk over
the country as to the effect on the
N. R. A. set-up. although the effect of
such a ruling would hold now only in
the southern district of Florida over
which Judge Akerman has jurisdic-
ton
Bradley and Wehle, st. Petersburg
attorneys. who asked for the restrain
ing order. did not challenge the con-
stitutionality of the recovery act.
"As a matter of fact in my argu-
ment before Judge Akerman I con-
tended that the recovery act was con-
stitutional," Jack A. S. Bradley, SEN
ior member of the firm, said today.
I'VE had no case if the recovery act
was not constitutional. The question
of the validity of the act was not
raised by us. and when it was raised
by the judge we argued that the law
was constitutional"
In his decision Judge Akerman said
the Cnn StitJItinn National
Government no authority ito invade
the reserve power of the States in
regulation of a local industry even in
an emergency"
Il do not mean to hold" the Judge
added. that the national industrial
recovery act in its entirety is without
constitutional authority, but merely to
hold that if it is to be construed as
authorizing the regulation of local
pressing club. then there is no au-
ment OF the same
Seen as "Asides"
Washington dispatches last night
said that attorneys for the n. R. A,
luLllg Ql5 LOV Oh Inc [Qll5IlluIlQllNly
of the recovery act itself, but on the
Tde4 and 15 fRPt the dee
mentS on the question of constitution
ality we're merely "diCta" or aSideS. and
did not have the effect of a court de-
ciSion.
Meanwhile, the N. r. A. at Washing
ton announced it would Garry on" and
summoned Samuel Bazemore of St
Petersburg, named as defendant in the
suit here. to appear Monday, Deem
Der IL. to answer charges of violating
the code
Judge Akerman last night declined
to comment on statements from N. r.
A. attorneys at Washington regarding
his decision.
After reviewing local aspects of the
case. Judge Akerman first set forth
in his opinion that Il am prepared to
rule that the court must refuse to
grant even the temporary restraining
order for the reasons that I am salts
fled that the bill Of complaint does not
jurisdiction Of the United States Dis
triCt Court, and that the restraining
| order would be a mere gesture to which
| the court could not compel obedience
| if the restraining order was disobeyed."
Saying he was prompted to make
this ruling by the following considera-
| tions," the judge went for some length
| into consideration of the constitution
| al1ty of the national industrial re-
! covery act as applied to local industry
"It is conceded by counsel for COM
plainants," he said. that neither the
compliments nor the defendant are
engaged in interstate commerce. and
without such concession. it would re-
quire a stretch of imagination 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. So If the code for this indus
try is to be justified under the Consti-
tuition. it must be upon the ground
that an emergency exists which would
Justify Congress in attempting to reg
ulate purely intrastate business, and
I can find no authority in the Consti-
tuition which authorizes the national
| Government in any emergency to de-
part from its constitutional function
and invade the reserve power of the
States.
Realizes Emergency.
tI am not unmindful that Congress
at its recent session found not only the
United States but the whole world to
be in deplorable condition, nor do I
criticize the noble motive prompting
Congress and the President to attempt
to relieve this condition, but I cannot
conceive of any emergency, especially
In the time OF peace. which would
authorize Congress to ignore the Con-
Stitution and enact measures tending
to regulate purely local business within
the several STATES,
Describing the oath of office taken by
Federal Judges to uphold the Cor1stitu-
lion. JudgQ AEeTIlQl GQlQ with tlQt
oath before me. I must hold that Con-.
gress had no authority to attempt to
regulate purely tntrastate business
At the end, Judge Akerman said, I
must deny the restraining order for an
other reason. Clause &C. section 8, of
the national industrial recovery act
provides:
"The several district courts of the
/ United States are hereby invested with
Jurisdiction to prevent and restrain
violations of any code of fair ccnn-
petition approved under this tie; and