Evening star., 1934-10-07
Exercise of Power in Emer-
gency Upheld by Fed
eraI Attorneys.
DISTRICT LOSES RIGHTS,
IS CLAIM OF PRINTERS
Government Cites Congress Ex-
elusive Legislation Over Capt.
tai, N. I. R. A. Defenders Hold.

Clearing the way for the first real
test here of the code making powers
of the N. R. A., the Government yes
terday filed in District Supreme Court
its answer to a motion by the w. F.
Roberts Co. Inc, for dismissal of a
Federal suit for injunction to prevent
alleged violations of the graphic arts
code.
The Roberts company, one of the
Oldest printing and engraving firms in
the District, has asked the court to
dismiss the injunction suit on the
ground that any attempt to compel it
to comply with the provisions of the
code is an invasion of its constitu-
tional rights.
Meeting this issue, the Govern
ments answer, filed through Assistant
United States Attorneys David A. Pine
and John J. Wilson, asserts that the
national industrial recovery act and
the codes promulgated under it are
constitutional and valid.
The test of the constitutionality of
the act, it was contended, is its rea-
sonableneSS.
Reasonable Regulations"
Citing previously decided cases, the
answer insisted that in every we'll
ordered society, charged with the duty
of conserving the safety of all its
members, the rights thereof may at
times. under the pressure of great
dangers, be subjected to such re-
straint, to be enforced by reasonable
regulations, as the safety Of the gen.
eial public may demand"
The present national emergency, it
was pointed out did not create the
power of Congress to enact the N. l.
r. A., but merely afforded reason
for the exercise of a power already
enjoyed. In view of the existing de-
preston, it was argued, the printing
business, and particularly that of the
Roberts company, is affected with a
public interest which permits Con-
gress, under the Constitution, to enact
valid laws for the public good, even
though such laws might be invalid If
the national emergency did not exist.
The Roberts company through At
torneys F. Regis Noel and Harry A.
Grant, contended the N. I. R. A. is
national legislation and should be ap-
piled in the District in the same man.
ner that it is applied throughout the
States, namely, to transactions affect
ing interstate commerce. The de-
fendant asserted that if the act is
applied to purely intrastate transac-
tions within the District it has the
effect of making piece Of national
legislation applicable to citizens with
in the District in instances where it
would not be applicable to citizens
within the States. This, it was
claimed, amounted to legislation dis
eliminating against the citizens Of
the District.
Power Over District.
The Government replied that the
Constitution gives Congress power to
exercise exclusive legislation over the
District. and that the Supreme Court
has held Congress possesses the COM
bined powers of a general and State
government in respect to the District
In enacting the N. l. R. A, it was
asserted, Congress intended to make
bLiO dSO dREJl1SdO4C 4IdG1OAldl1y "4I1I1i1
the extent of its power, and locally
within the wider extent of its powers.
The Roberts company was accused
of Violating the code by failing to pay
the straight-time minimum wages,
failure to pay the overtime minimum
wages, failure to obey the maximum
hour provisions and failure to post
the wage and hour provisions of the
code.
District Supreme Court Justice
Jesse c. Adkins, in refusing to grant a
preliminary injunction last week,
found that the company had not vio-
lated the minimum straight-tim
wage scale, but did find violations in
the other classes.
1t is expected a hearing on the
motion to dismiss and the Govern
ment's answer will be held within the
next few weeks.