Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1934-03-08
COURT GOES
LIBERAL AGAIN
Highest Tribunal Upholds
Important New York
Milk Law.
Interesting Sketch of u. S.
Supreme Court Members
is Published.


States Supreme Court by vote OF
five to four upheld the validity of the
New York state milk law in a decision
considered as indicating a favorable
attitude ON federal recovery legisla-
tion.
The New York case was so closely
along lines of tests of administration
recovery laws that government law
yers believed it indicated the court
would approve federal legislation in
cases soon to come before it.
The court held the law was justin
able emergency legislation.
The law set up milk control board
fixing minimum prices which retailers
might charge and minimum prices
which might be paid farmers.
Roberts Writes Decision.
Chief Justice Charles Evans Hughes
and Justices Louis D. Brandeis, Har-
Ian F.. Stone, and Benjamin Cardozo
Joined Justice Roberts in the majority
decision.
Justice James Clark McReynolds
gave the dissenting opinion in behalf
of himself and Justices Willis Van
Devanter, Pierce Butler, and George
Sutherland.
The lineup was the same as in the
recent Minnesota mortgage morato-
rum case, which the court also up
held.
The four lawyers who have back
ground of protecting corporate inter-
ests voted that way again as was ex-
pected they would.
Supreme Court Makeup.
The Washington writer's. Drew
Pearson and Robert S. Allen. in their
column, 1.-The Daily Washington Mer-
ry-Go-Round," recently wrote interest
ingly and instructively about the
United States Supreme Court.
Picturing first the Senate with its
96 members and the House with its
435 members the writer's said:
"In the very center of the capitol,
however is another chamber tucked
away from the rush of sightseers and
congressman. There, behind felt
lined door, in an atmosphere heavy
with dignity and erudition, sit nine
old men,"
On their shoulders "rests the future
OF the New Deal" continue the writ
ers. They cite the five to four de-
cision on the Minnesota mortgage
moratorium act and other cases.
MANY times before in the history
of the nation these men and their
predecessors have passed upon the
economic, social and political legisla-
ten of the country-and of late usu-
ally ruled against it," state the CORE
spondents. 1T took IS years to con-
vince them that the income tax was
constitutional. Twice since 1906 have
they torn child labor laws from the
statute books. In 1923 they reversed
the Judgment of 30 state jurists and
five state Legislatures in finding the
Oregon minimum wage law unconsti-
tutional. And as late as 1882, they
ruled against state restraint of COM
petition in the Oklahoma ice case.
NRA Effective on Child Labor.
But now the MIRA with a single
sweep has abolished child labor. set
I'D minimum wages, made government
control Of competition one of the bases
of it's policy.
~Win the supreme court move to
sweep all this aside?
THE answer rests in the hands OF
nine old men, the Oldest IS. the young
est SO, their average age being II 1-3
years. They divide into three distinct
groups; two mOderates, three liberals,
four tories.
1.-THE two moderates-Chief Justice
Charles Evans Hughes and Justice
Owen D. Roberts-can swing the deci-
sion Of the court. Should they, as in
the Minnesota case, vote to back the
government in the New York milk
suit, all other recovery decisions prob
ably will follow suit and be upheld.
Should they oppose, a war over the
court is certain. Roosevelt is pre-
pared to increase it's membership in
order to get support for the legisla-
ton of the New Deal.'
Pearson and Allen present the per-
sonalities of the distinguished gentle
men in whose hands the momentous
decisions rest, in the following lines:
Two MOderateS.
Chief Justice Charles Evans Hughes,
~, appointed by Hoover. He has
spent lifetime of oscillation between
serving himself and his country, and
he has done both well. OF pronounced
political sensitiveness, he has been on
both sides of the issue, handing down
extreme reactionary decisions, and
distinctly liberal ones. Hughes is in
clined to be harmonizer between
the two warning factions of the court