Evening star., 1934-09-21
Constitution Week.

Two important decisions have come
in the past two days from two Fed
eral judges, affecting the validity of
New Deal experiments. The most i'm
portant was Judge w. Calvin Chest
nuts opinion in the Federal District
Court at Baltimore that sections of
the Frazier-Lemke act, providing in
effect five-year moratorium on farm
mortgages, were unconstitutional. The
other decision was handed down by
Federal Judge Albert L. Reeves in
Kansas City, who held that the Pub
lie Works Administration lacked au-
thority to advance funds for the con-
struction of municipal utility plants.
1t is probable that both cases will
be carried to the United States Su-
preme Court.
The Frazier-Lemke act, which ac-
cepted in effect the current philosophy
that debtors and creditors are ranged
in two classes, one against the other,
and that relief of the debtor must be
had at the expense of the creditor,
was regarded at the time Of its haSty
passage by Congress as of doubtful
validity. But the predictions that it
would meet a veto at the hands of
President Roosevelt were erroneous.
The bill was signed, the President
agreeing that some of its provisions
were loosely worded, but such de-
ficiencies could be Strengthened out
by later amendment. One of the
points made by Judge Chestnut in
holding the act invalid was that it
removed the protection given the
creditor through contract, but dou-
bled the protection of the contracting
debtor.
OF almost equal interest with the
courts opinion was the statement
concerning that opinion offered by
one of the bills authors, Representa-
tive Lemke of North Dakota. Mr..
Lemke found immediate consolation
in the thought that the court is "ap-
parently very corporation minded" :"
For, in the opinion of Mr. Lemke.
there exists practically incontrOyerti-
BILE evidence to show that the law IS
constitutional. Was it not considered
by the Judiciary Committee of the
House, consisting of twenty-five
lawyers, including some of the ablest
in the Nation?" Was it not passed
upon later by the Judiciary Commit
tee of the Senate, the Attorney Cen
eral, the attorneys in the Depart
ment of Commerce, the lawyers of
the Farm Credit Administration and
the attorneys of the Departments OF
the Treasury and Agricultural" What
is the use, in other words, OF having
any courts at all, when there is such
an array of legal talent in the legisla-
tive and executive branches of the
Government? What right does this
corporation minded court have to
challenge such expert legal opinion?
The Kansas City case grew out Of
the efforts of the town of Concordia
to construct an electric light plant
with P. W. A. money-a project that
would naturally have put out of busi-
ness the Concordia electric light plant
operated by the Missouri Public Serv-
ice Co. The utilities company ap-
piled for an injunction to prevent the
municipal plants construction. Judge
Reeves held that the public works ad-
ministrator had no authority under
the recovery act to aid such under
takingS, and if there were such au-
thority it would "impinge upon con-
stitutional inhibitionS and is invalid"
Such a question has been raised be-
fore, it is understood, and the P. w. A.
has been upheld. This Missouri case,
however, may find its way to the Su-
preme Court. Federal judges, it seems,
are appropriately celebrating Consti-
tuition week.