The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1934-10-12

sion of the Supreme Court of the Unit
ed States, New
NeID Deal Up Dealers as we'll as
to High Court old dealers may have
some ground for be-
lief that questions respecting their acts
in the last year soon will be answered.
In this country, we have always looked
us when our legislative bodies as well
as executive officers of our govern
ments, state or national, have gone be-
yond bounds. All through the summer
there has been the mounting demand
for juridicial construction Of New Deal
acts. 1t appears we are about to get
them in numbers from the highest
court in the land. There are sufficient
petitions before the Supreme court to
provide a rather accurate dellmitation
of the New Deal scope in its cOnstl-
tutional aspects.
Expert legal opinion here seems to
lean toward substantiation Of most OF
the New Deal activities by the high
court. But at the same time some
of the best legal minds in the country
are maintaining that while part of the
New Deal props look good, they are
outside of what has hitherto been re-
garded as constitutional acts on the
part Of government and so the consen-
sus is that there will be many five-to-
four decisions forthcoming from the
Supreme court before it lays aside It's
robes next spring.
AS the Supreme court now Is con-
stituted, think it Is generally regard
ed as leaning to the conservative side.
While the court is not supposed to be
Influenced by economic phases, the
economy of the New Deal is so
entwined with law that many as
tute observers tell me there can be
no segregation of those two ele-
ments when it comes to ruling on con-
stitutional phases of much of the New
Deal.
The best available figures show that
the government has instituted about
40 cases charging violation Of NRA
codes. It has won about 81 of
these, and has lost about Is of those
coming to a decision. Private litigants
have brought action against the NRA
in 80 cases and the government has
won 20 of these.
Similarly, there have been some
thing like 20 cases in the courts in
volving Agricultural Adjustment adj
ministration rules and regulations. OF
those that have gone through to
decision the government has won seven
and lost three.
only small percentage of these cases
represent clear-cut issues, the box score
certainly indicates the New Deal to be
the winner thus far. But as said above,
the lower court decisions mean next to
nothing on questions of such import as
these; none of the litigants will stop
short of a final decision by the Supreme
Court of the United States and if they
lose there, then the question becomes
purely political and the battle starts
all over again.
A situation somewhat unique In
American politics is developing in Wis
consin where the La
Wisconsin Toilette brothers are
Politics undertaking to con-
tinue the family dy-
nasty by marching under the banner
of a new organization, the progress
sive party. 1t is all being done very
quietly but the facts seep through the
national political headquarters here in
Washington.
The regular Republican organization
sees an opportunity to knock off" the
LaFollettes by throwing their support
to John NJ. Callahan, the Democratic
candidate for the senate. Apparently
they have little or no hope Of electing
their own senatorial candidate, the
Wisconsin publisher, John B. Chap
pelle, who ended the political career
of former Senator John ]. Blaine in
the primaries of 1892.
If Mr.. Callahan does poll a sizeable
Republican vote the question is wheth-
er this will Offset the defections in the
Democratic party. He was one Of the
leading supporters of Alfred e. Smith
at the 1882 convention and neither the
President nor his lieutenants have for
gotten that it was the present Demo-
cratic senatorial candidate in Wiscon-
sin who gave publicity to charges that
Mr.. Roosevelt's early campaign in the
South for Presidential nomination was
in part financed and supported by the
officers of the Klu-Klux Khan in Geor-
gia. To support his charges Mr.. Cal
lahan furnished to the newspapers
photostatic copies of letters inter
changed between Atlantans who
claimed to have been first to start the
president boom south of
the Mason and Dixon line, and Mr..
Roosevelt and Mr.. Farley. These con-
siderations make it fairly certain that
the administration looks with anything
but favor on Mr.. Callahan's candidacy
and can again be expected to quietly
exert its influence on behalf of Mr.. La
Toilette, who has gone along very con-
sistently with the New Deal policies.
All of which leads to the observa-