Evening star., 1934-11-25
NEW COURT POWER
WOULD AID n. R. A.
"DecIaratory Judgment" Act
Would Permit Rulings in
Controversies.

tional Recovery Administration along
lines that would afford business a
greater degree Of self-government has
served to center attention on an
enactment Of the last Congress, pro-
viding for declaratory judgments,
which, it is contended, could be
valuable adjunct in the new set-up.
This act provides that in cases "of
actual controversy" courts Of the
United States may, on application,
declare the rights and other legal re-
lations of any interested party, this
finding to have the force of a final
judgment or decree.
Provides Prejudgment.
It affords. in some degree, the thing
for which the business interests of the
country have been arguing for several
years: that Is, a tribunal TO which
proposed compacts might be submitted
for a prejudgment as to their legality.
with the supposition. Of course, that
the element of controversy could be
established.
Otherwise, it would not be available.
Presumably it was this to which
reference was made by Donald Rich
berg, executive director of the Ma
tional Emergency Council. in his
speech before the Associated Grocery
Manufacturers in New York Wednes-
day right, when he suggested creation
empowered to authorize or prohibit
Its decisions should be made re-
riewable-not by an ordinary lawsuit,
but ny an appeal for declaratory
Judgment by a court Of competent
jurisdiction"
Such code administration, it is
pointed out by observers, would by the
act Of denying some application set
up the necessary controversy" to
make the declaratory Judgment ap-
plicable.
Meets Business Ideas.
The entire picture drawn by Rich
berg, Incorporating both of these fea-
lures, seems to meet the ideas that
have been advanced by business in
terests for the past three years. The
forerunner of these was the elaborate
"Swope report" prepared by Gerard
Swope. president of General Electric,
and followed a short time later by
the report on Continuity of Business
and Employment" drawn by a COM
mittee Of the Chamber Of Commerce
of the United States, headed by Henry
I. Hartman, now president Of the
chamber.
This latter report received the in
dorsement of the chamber, and it was
recalled yesterday that one portion
of it put business on record as favor
ing-in return for obtaining stabiliz-
ing egislation-establishm of I'M
employment insurance and other steps
to guarantee employment-points to-
day on which the administration is
hammering. Because of this, some
speculation has been aroused as to
whether the proposed revamping of
the N. r. A. may not again be coupled
with measures for aiding workers in
industry.
Chamber Being Polled.
Right now the chamber is polling its
membership for an expression on
N. r. A. reorganization.
The Federal declaratory judgment
law follows the principle Of that in
some "a States, and has long been
urged by the American Bar AsSocia-
ton. Senator King, Democrat, of
Utah, and Representative Montague
of Virginia, piloted it through Con-
gress, where it had lain dormant for
six years.
When it was under discussion one
Of those advocating it, described it in
this way:
Under the present law, you take
a step in the dark and then turn on
the light to see If you have stepped
in a hole. Under the declaratory
judgment law, you turn on the light
and then take your step"
Discussed in Publication.
In an article carried in the Ger
tilted Public Accountant, Nathan
Boone Williams, local attorney, recent
ly discussed this law at length and
declared business men would take full
advantage Of it to determine questions
arising with the Government, partic-
ularly IN the New Deal agencies.
With the Federal Government COM
ing into direct relation with the citi-
zen in an increasing multitude OF
situations" he wrote, leases Of ac-
tual controversy are and must be OF
frequent occurrence, and, as govern
ment always acts through agents.
these agents, up to and including the
Attorney General Of the United States.
will become appropriate parties re-
spondent in actions to declare the
respective rights Of the citizen in his
relation to his government under the
Federal law"