Evening star., 1933-04-05
Rate by Mafl-Payable I'm Advance.
Maryland and Virginfa.
Member Of the Associated Press.
The Six-Hour Five-Day Bills.


The Six-Hour Five-Day Bills.
There are those who believe that the
so-called "five-day week" BILL, pro-
posed by Senator Black Of Alabama. will
be passed by the Senate. which now has
1t under consideration, and may be
enacted into law at this session of Con-
gress. A somewhat similar bill was
reported favorably to the House yes
terday.
Senator David Reed of Pennsylvania
regards the measure as 'sentimentality
run wild" 1t Is based on the concep-
ton that as there is now national
emergency, restriction of the hours Of
labor to six hours day and five days
week would do something to help the
country recover from the effects Of the
emergency by spreading employment.
And, as Senator Borah pointed out yes
terday, it is obvious that If it lies within
the power of Congress to control inter-
StdLc COUluClCC W Vic CAtS4io Va PAS-
scribing the hours of labor engaged in
the manufacture and production Of
commodities shipped in interstate COM
merce, it also lies within the power of
Congress to fix the wages Of such labor.
The control Of wages would presumably
be the next step.
Aside from the economic merits Of
the proposal, the most interesting fea-
ture is the probability that If enacted
by Congress it might serve to answer
the question-never fully answered-as
to how far the courts will permit Con-
gress to 60 in excluding from interstate
commerce, as Senator Borah puts it,
'any commodity which the Congress in
its wisdom may see fit to exclude" In
this connection Senator Borah points
out that there Is involved here . con-
stitutional question which has been
before the courts from time to time
since the Government was organized
and has never yet been clearly and
definitely and finally settled Is to the
question presented by this measure"
Senator Borah's objection to this
measure is primarily based on his be-
lief that If the law Is enacted as an
emergency proposal. limited as to its
extension for some such period as two
years. the courts might approve 1t, but
such approval might otherwise be with
held. He would rather have the test
submitted on its merits alone, without
being mixed up with the emergency,
and wants the declaration of an emer-
gency omitted from the bill. If the
powers thus proposed for Congress are
sustained by the courts, then the ap-
plication Of the principle toward what
= majority might construe as social
wellbeing" will be another thing.
In the child labor case, when Con-
gress sought to control the age Of labor
engaged in the production Of commodi-
ties shipped in interstate commerce,
the law was declared unconstitutional
by five-to-four decision of the United
States Supreme Court. That case is,
naturally, mentioned most prominently
now in discussion of the legality Of the
Black bill. But Senator Borah, in his
discussion Of the constitutional ques-
ton yesterday, pointed out that this
case produced constitutional con-
struction resting upon five-to-four
decision, and such a decision, he said,
SIS very poor guide for the legislator. 4"
He would like to see the thing tried
again. Another court might decide the
question the other way by the changed
viewpoints Of two new members Of the
court. But. If the decision of the Su-
preme Court in the child labor case
stands, then the Black law, II enacted,
would be unconstitutional.
The next question regarding appn-
eability of the law, If passed, would re-
late to the personnel and types Of
manufacture" affected. Senator VAN
denberg. for instance, said that the
Senate bill "does not apply to execu-
tives or to office work; it does not apply
to railroads or to newspapers; 1t does
not apply to agriculture. - There is.
no question in the world that canneries
operating upon perishable commodities
cannot live under these restrictions" I"
And while the bill does not seem to be
clear on such points, it would probably
be clarified to make It's restrictions
doubly certain before leaving Congress
for the important test in the courts
sure to await 1t.