Evening star., 1934-09-30
TRIBUNAL FACING
NEW DEAL TESTS
Supreme Court Justices to
Open Historic Session
Tomorrow.
by the Associated Press.

BY the Associated Press.
Justices of the Supreme Court
gathered in the Capital yesterday for
the opening tomorrow of what ap-
pears likely to be the tribunals most
historic term.
In the hands of the nine justices
will be cases holding possibility of
sustaining or upsetting major parts
Of the New Deal Already before the
court are five cases arising out Of
Roosevelt recovery laws.
simultaneously with the courts
gathering, a compilation of cases in
volving the N. r. A. and A. A. A. in
the lower courts showed that the New
Deal has a batting average of 1853
in these legal jousts.
The United States Law Week in its
next issue will publish the following
score sheet for actions in lower Fed
eral courts:
Cases instituted under the N. r. A.
and A. A. A, 232.
Cases in which trial courts have
acted, 80.
Won by Government favorable
court action), rs.
Lost by Government (unfavorable
court action, %.
Percentage, 1853.
Success Discounted.
"The relative success scored by Gov
ernment counsel should be discounted
somewhat" the Law Week will say,
"since in IL of the cases counted as
Resulting in court action favorable to
che Government, the DEGREES were en-
tered by consent in some of the GRIM
kal cases the defendents plead guilty,
and the favorable action taken in a
few other cases was the entry Of a
temporary injunction pending final
hearing.
considering only decisions in
which Federal courts have announced
opinions on the constitutionality of
the national recovery and agricul-
tural adjustment acts, the Govern
ment's score is not so high. Its per-
centage in such cases has been only
about so per cent
OF the New Dear' cases pending
before the Supreme Court, until yes
terday, three were from the East Texas
oil field. In general they attacked the
authority of the Federal Government
under the N. r. A., to control oil
production. Two others from New
York assail the authority of Congress
to prohibit gold boarding and suspend
gold payments.
Status Of Oil Cases.
Some doubt now exists as to the
status of the oil cases. The Justice
Department announced yesterday that
producers Of oil in Texas who violated
the State quota would not be prosecut-
ed by the Federal Government for
such violations committed prior to last
Tuesday. At the Oil Administration
it was indicated that one of the cases
thus might be dropped. but that two
others would remain before the court
There is doubt whether the Oil cases
as a group will be decided on their
merits or dismissed without hearing
The Justice Department previously
had urged the court to review them
If past cases can be taken as q
rule, the Supreme Court decisions on
the cases involving the constitu-
tionality OF New Deal acts may be
close. The same nine justices af1rmeo
last term, by five-to-four decisions, the
legality of the Minnesota mortgage
moratorium and the New York milk
control act.
However. the act of the court in
the two State cases is not accepted in
legal circles as definitely forecastine
its future positions
Although the national recovery act
was emergency legislation similar to
the two State laws sustained by the
court, the State laws had the ad-
vantage of being enacted under police
powers not enjoyed by the Federal
Government.
The docket of the court is crowded
with approximately 430 cases. The
court will devote the first week to con-
ferences to decide which it will review
on their merits and which it must
dismiss without a hearing for failure
to present questions within its juris-
dictiOn