The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-01-09
GOVERNMENT
IS POWERFUL
In EMERGENCY
IContinued from page one)


either state or national depres-
sion legislation and was studied
closely for indications Of the
courts possible attitude toward
the national recovery program IN
general. A vigorous dissent by
Justice Sutherland, concurred in
by Van Deventer, McReynolds
and Butler, made it clear that
the four conservative members
will view with suspicion any
emergency laws which transgresS
in any way on private rights.
The majority opinion was less
definite as an indication of fu-
ture prospects. -,
Justice Hughes quoted an old
decision holding that although
an emergency may not call into
life power which has never
lived, nevertheless emergency
may afford a reason for the eX-
ertion of a living power already
enioyed." He emphasized, how
ever, that even war emergency
power "does not remove constl-
tutional limitations safeguarding
essential liberties"
"Where constitutional grants
and limitations of power are set
forth in general clauses, which
afford a broad outline, the pro
cess of construction is essential
to fill in the details" the chief
Justice said.
Though the constitution pro-
tects contracts against impair
ment, the decision continued, this
policy "presupposes the mainten-
ance of a government by virtue
of which contractual relations are
worth while-a government which
retains adequate authority to Sc
cure the peace and good order of
society"
"a constitution intended to en-
dure for age stO come" he quot
ed Chief Justice Marshall as say
ing, must be adapted to the varl-
Gus crises in human affairs"
Justice Sutherland saw in the
majority decision 1.-The potential
| ity of future gradual but ever-ad-
vancing encroachments on the
sanctitv of private and public
contracts" and referred to "far
more serious and dangerous in
roads upon the limitations of the
constitution which are almost
certain to ensue."
Among other actions of the
court Monday were:
Upheld Nebraska state law fix
ing the weight at which loaves of
bread may be sold to protect con-
sumers from short weight. Bak-
ers contended the law was an ar
bitrary and unreasonable restric-
ton.
Upheld Mississippi law impos-
ing privilege tax on cotton COM
presses and cotton warehouses.
Upheld orders of the Kansas
corporation commission prevent
ing the Cities Service Gas Dis
tributing companies from carry
ing on their books cost of more
than 80 cents per thousand cubic
feet of gas purchased from the
Affiliated Cities Service Pipe
lines.
| Upheld the federal corrupt
practices act and ordered Bishop
James Cannon, Jr.. and his secre-
tary to stand trial under it. The
bishop is accused of failing to
report contributions to his cam
paign against Alfred Z. Smith
for president in 1923. ..
Held unjustifiable the receiver
ship of the National Radiator
corporation which bond holders
alleged was subterfuge to cut
the company's bonded indebted
ness in half. -
Upheld order of federal trade
commission requiring West Coast
Lumber companies to cease call
ing ponderosa pine white pine.
Scheduled for argument today
suit by the State of Alabama
attacking constitutionality of the
Hawes-Cooper act which forbids
shipment of prison made goods
into states banning the sale of
such goods.
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