Evening star., 1934-02-22

legal side Of the N. r. A. system
raises the question of the ability of
the various States to agree on uni
formity In treatment of the recovery
plan. A proposal from Gen. Hugh
Johnson that the States give such
assistance is examined in the light of
previous attempts to establish uni
form legislation, and the task is be-
lieved by the press to be one Of large
proportions.
The johnson draft Of a model
law" says the Philadelphia Evening
Bulletin, sis designed to make ma
tional codes automatically effective
within the States and would give
Governors authority to permit the
President to use State and local Of
flcials in effectuating the N. r. A.
policies" The Evening Bulletin points
out that Gin this model the period of
declared Statewide emergency termi-
mates June 16, 1885, Nira's second
birthday" In reviewing the steps that
have been taken, that paper states:
Already a dozen States, including
New York, New Jersey, Massachusetts,,
Virginia and Ohio in the East, have
adopted measures designed to REIN
force N. r. A. They lack uniformity
Of phraseology and effect. The New
Jersey law, for instance, permits the
setting up of State codes, which as
sistant counsel for N. r. A. has de-
scribed as imposing additional and
unnecessary burdens upon industry
and trade and confusing the entire
situation Hence demand for repeal
of the existing Sira, or State indus
trial recovery act, in New Jersey, and
hence introduction in the New Jer-
sey Senate of the Woodruff bill, close
" following in phrase and intent the
model measure submitted to Gov
ernors by Gen. johnson"
THE only plan to give support to
the N. R. A. program" according to
the Houston Chronicle, would be for
the State to adopt laws similar to
those enacted by. Congress dealing
with the regulation of business, CIV
ing State courts the authority to en-
force them. Admittedly the problem
would be no simple one, but the
friends of the N. r. A. had better
give their mind to the formulation
of such a program If they expect to
get effective legal enforcement OF
code rules against those concerns
which clearly operate only In intra-
state business. The Presidents gen.
eral code, with the power retained at
washington to confer and to revoke
the privilege of flying the Blue Eagle,
might give the cooperation with
N. r. A. that is desired. Public
opinion, it seems, would supply the
necessary policing. But If this is
not to be depended on, as Gen. john
son indicates, the problem of working
out an effective system of State legis-
lative cooperation must be attacked
more seriously than heretofore"
ITO the present." advises the st.
Paul Pioneer Press, "the N. r. A.
has acted on the assumption that
all industry is affected with an inter-
state interest and SO comes within
the authority Of Congress for the pur-
poses Of this emergency action. Pos
sibly the courts will take the same
view, but the fact is clear that this
assumption runs counter to the &C
Ccptcu OlSIllCtkOA DCbWCCh AAoCA c1cheS
and purely intrastate commerce. Some
Of the lower courts have even said
as much. Stretch the term as far
as possible and still it Is difficult to
see how a barber shop or beauty
parlor, to take two examples, IS en-
gagged in any form Of interstate COM
merce. If that is true, then such
business can be brought under water
tigh. codes only with the help Of
State legislation. During the emer-
gency the point may seem too fine
to argue, but as a permanent ar
rangement either State force will
have to be given these codes or one
of the fundamental conceptions of
the division Of authority between
State and Federal governments will
have to be changed. 1t Is therefore
unfortunate that the question came
before the recent special session in
Minnesota In the form 1t did. Gov.
Olson proposed not merely to give