Evening star., 1934-03-06
Another New Deal Victory.

An0tner new UeaI V1ctOry.
In the five-to-four decision a few
weeks ago upholding the validity OF
the Minnesota mortgage moratorium
law Chief Justice Hughes, citing pre-
vious decisions of the court, remarked
upon "the growing appreciation OF
public needs and of the necessity OF
finding ground for q rational COM
promise between individual rights and
public welfare"
Yesterdays decision upholding the
validity of the New York milk price
fixing law, in which the court was
divided identically as in the Mime
sofa case, will be regarded by many
as one of the most far-reaching of
the steps taken in search of this
ground for rational compromise. ~
Inasmuch as the courts philosophy
is in many respects the philosophy
of the New Deal, it takes on addi-
tional sis3ificance. The meat of that
philosophy is that State Is free
to adopt whatever economic policy it
sees fit to adopt. If that policy may
reasonably be deemed to promote the
public welfare" The Legislature is
the judge of what is in the public
interest.
Said Justice Roberts, in the opinion
of the Court:
The Constitution does not secure
to any one liberty to conduct his
business in such fashion as to inflict
injury upon the public at large, or
upon any substantial group of the
people.
Price control. like any other form
OF regulation, is unconstitutional only
If arbitrary, discriminatory or demon
strably irrelevant to the policy the
Legislature is free to adopt. and
hence an unwarranted interference
with individual liberty.
In as stinging a minority opinion
as will be remembered, Justice Nc
Reynolds argues that:
The Legislature cannot lawfully
destroy guaranteed rights Of one man
with the prime purpose Of enriching
another. even If for the moment this
may seem advantageous to the pub
lie. And the adoption of any CON
ception of Jurisprudence" which per-
mits facile disregard of the Consti-
tuition as long interpreted and re-
spected will inevitably lead to its de-
struction. Then all rights will be
subject to the caprice OF the hour
government by stable laws will pass.
The ultimate welfare of the pro-
ducer, like that Of any other class,
requires dominance of the Constitu-
ton. And zealously to uphold this in
all its parts is the highest duty in
trusted to the courts.
The New York milk law was en-
acted in an effort to improve the
economic condition Of the farmers
or milk producers. This condition
had an important effect upon the
people Of New York, as low milk
prices were conducive to poverty
among the farmers and were thus Gre
ating an emergency which the Leg
islature held as warranting the fix
ing of the price of milk. The law
fixed the price of milk, and those
who sold below that price were, as
the Court of Appeals said, guilty of
"a crime" A grocer in Rochester
sold two quarts Of milk and q Scent
loaf Of bread for 18 cents, though the
fixed price Of the milk was cents.
The grocer was fined. He claimed
that at 9 cents a quart he could make
such a good profit" ON his milk that
to his good customers he gave away
a loaf of bread. "Just why they
should fine me for that! I keep the
law and the bread do not steal. I
pay for it myself, and If I want to
give it away, who is hurt but MYSELF"
Justice McReynolds remarks with
some sarcasm that Ito him with less
than 9 cents it (the milk law says:
You cannot procure a quart of milk
from the grocer. although he Is
anxious to accept what you can pay
and the demands of your household
are urgent. A superabundance, but
no child can purchase from a willing
storekeeper below the figure ap-
pointed by three men at headquarters.
And this is true, although the store
keeper himself may have bought
from willing producer at half that
rate and must sell quickly or lose his
stock through deterioration"
But the Legislature has seen fit to
make these regulations on milk prices
and believes them to be in the public
interest, and that is a valid act under
the Constitution. Jerome Frank,
general counsel Of the Agricultural
Adjustment Administration, says the
courts decision removes all doubt,
from the point of view of the due
process clause, as to our power to fix
milk prices and to require all dis
tributors to bear their share of sur