Evening star., 1934-09-17
What's What
Behind News
In Capital
Even Courts Are Split
on Status of the
New Deal.
BY PAUL MALLON.

I1OONCI, DOId Gu OIL Oll OIlC SANC dhO
the New Dealers on the other.
That place is in the courts. 1t Is
their duty to say what is uncon-
stitutional and what violates the
rights of property owners and people.
A careful private check-up shows
the courts have spoken in exactly rs
New Deal cases to date. What they
have said is the worst tumble of
words and ideas you ever heard A
Philadelphia lawyer could not make
plausible sense out OF them.
On most of the major constitutional
points of the New Deal, the courts
have held both ways. On the question
of production control. the Government
was upheld in the packing case. but
was defeated in the milk case. One
court upheld the right to control
prices in the lumber case, but another
court decided that right was uncon-
stitutional in the coal case. Decisions
also have been made both ways on
the minimum wage issue.
The only conclusion available at
this time is that the courts dp-
pdrently do not knoU tDhether or
not the Ne,o Deal is constitutional
or unconstitutional.
You will not have long to wait,
however. The Supreme Court is
meeting in october. 1t will decide
which Of the lower courts were right.
Big Court Divided.
The general expert legal opinion
backStage here is that the New Deal
will fare better in the Supreme Court
than 1t did in the lower courts, al
though it Jared very well in the lower
courts. 1t is admitted, however, that
the big court is very closely and
sharply divided. There will be many
warm 5-to-4 decisions. New Deal at
torneys are not entirely confident.
II some OF the aged conservatives
on the bench, Uho are near the
retirement age, Mould step out and
let President Roosevelt appoint a
tetO RooSeueltian Democrats it
might be different.
Ho,Deuer, every one near the
court here believes these conSerUd-
tiues are conducting ,Uhdt amounts
to conscientious flibuster. Ap-
parently they are choosing to
hasten the end OF their oWn liUes
by Dorking beyond their time in
order to remain and Uote for their
principles. No one expects them
to get out until they die.
The box score of New Deal results
in the lower courts is very interesting.
The Government has instituted 1876
cases charging violations of N. r. A.
codes. 1t has won 80 and lost II.
Cases instituted against the N. r.. A.
number SO. The Government has won
81 of these and lost 4. Grand total:
Won 60 and lost 16.
The A. A. A. has Jared just as we'll.
There have been 20 cases involving it.
The Government started while IL
were filed by private firms challenging
the A. A. A. OF all these the Govern
ment has won 7 and lost 3.
Rubber Tires for Ickes.
When Interior Secretary Ickes rides
the railroads hereafter, they will put
rubber tires on the car wheels or else
give him extra cushions.
That much appears to be settled
as result of a recent incident. The
Secretary was having a press confer
ence the other day after his return
from speaking engagement at
Titusville, Pa. He complained about
being shaken up on the trip, said he
could get no rest, that the car wheels
bounced him all over his berth. And,
10 hA
loaned $80,000,O00."
A news agency printed the story.
When officials of the railroad saw it,
they leaped to their respective office
ceilings. Within an hour they were
massed in front of Ickes' door, bear
ing brief cases bulging with argu-
ments about the comfort of travel on
their line.
1t certainly does not pay for a rail-
road to shake up New Dealer these
days.
Reading Trade Reports.
II Duce did not send those Italian
troops to Northern Africa for their
health. Apparently. he has been
reading trade reports. They show
Japanese exports to British and
Italian markets in Africa increased
by $l0,000,000 the first half of this
year (as compared with last year,
That is a lot in times of depression
Italian officials have been talking
about japanese penetration in Abys-
sinia, which borders on Italy's Afri-
can colonies. What they mean (but
do not say is that they have heard
Japan intends to establish a lega-
tion at Adds Ababa. the capital Of
Abyssinia. Also that the japanese
have been sending trade and politi-
cal commissions there
The British are just as t0orried
as the Italians. That is one of the
nlottUes behind their conference of
British ddn1irals at Singapore Also
tUhy they are rushing completion
OF that ndpdl base. You can usually
look behind military moue and
find commercial reason for it.
What makes the matter more irri-
tating tc them is the fact that Italy
and Britain cannot afford to take on
war in the Far East as long as Eu-
rope is in its present excited state.
Apparently, the Japanese know
that.
The extent to which the Italians
are aroused about Japan can be dis
cerned in the statement by their Bud
get Committee head, who said openly:
Japan today invades China-inspired
by race hatred, she will plan tomor-
row against white men" Such state
ments do not help to ameliorate inter-
national relations.
Chairman Garrison of the Labor Re-
lations Board expects to return to
Wisconsin Law School next month
but the President is expected to pre-
vail on him to remain.
The biggest mystery at the
Justice Department is not "tUho
shot Dillinger?" but "what hap
pened to the dirmdu contracts in
UeStigGtion?' Attorney General
Cummings refers inquiries to Spe-
ctal Assistant Ristine and Ristine
refers them right back to Cum
nlingS.