Evening star., 1934-03-16
Milk Ruling Called Liberal;
Its Effect on n. r. A. Debated

It Is agreed by the American press
Supreme Court upholding New York
board which fixed a minimum price
on milk was historic, in that it set a
legal precedent and put the public
welfare above the interests Of the
individual. As to whether it is pro-
phetic in indicating the attitude Of
the court toward measures of the
new deal generally there is much diff
ference OF opinion.
The decision, according to the
Springfield (Mass) Republican, seems
to warrant the conclusion that any
legislative body, Federal as well as
State, without being held up by the
due process clause, may regulate any
private business, even businesses not
classed as public utilities, when eco
nomic or emergency conditions war
rant it; the chief tests being that the
public need or welfare shall outweigh
private interests and that the regu-
lation itself shall not be unreasonable
or discriminatory. This interpreta-
tion Of constitutional guarantees Of
private property points to final valida-
ton Of the interference by the ma
tional recovery act with numerous
property interests, which are ALREADY
on their way to the Supreme Court
with demands for the safeguarding
of their rights"
Belief that the decision shows prob
ability of approval Of the policies of
the new deal and the Roosevelt ad-
ministration Is voiced by the Roanoke
World-News, the Pittsburgh Post-Ga-
zette. the Boston Transcript, the Den
yer Rocky Mountain News, the Akron
Beacon Journal, the Indianapolis
News. the Philadelphia Inquirer and
others. The Rock Island Argus takes
exception to that Interpretation with
the statement: "As for the decision
itself, we do not regard 1t as signifi-
cant of what the court might hold
in regard to litigation involving laws
enacted by Congress as part Of the
national recovery program. The de-
cision may be looked upon with rea-
son as tending to strengthen State
rights. an issue that has long been
dormant. Police power is specifically
reserved to the States, and the court
probably based its decision on one OF
the fundamentals of our system,
namely, that the powers Of Govern
ment are originally the States; that
the State delegated powers to the
central government, and that all
powers not so delegated by the Con-
stitution are reserved to the states"
Similar doubts are expressed by other
papers, including the San Jose Mer-
curry Herald, the Youngstown Vindi-
Gator and the San Francisco Chron-
icle.
The Importance of the decision Is
emphasized by the st. Louis Post
Dispatch with the statement: Behold
the United States Supreme Court
decision in the New York milk case!
Not in the 50 years since Appomattox
has there been anything in America
which approaches it in historical i'm
portance. The one marked the pass
ing Of human slavery, and the other
marks the passing Of economic
slavery" The reasoning Of the court
Is viewed by the Buffalo Evening News
as "eminently sound" and the New
port News Daily Press observes: 1.-The
old order Is passing. Old theories are
being revised. Fundamentals on
which the Nation was founded are
being thrown into the discard. Mo-
mentous pages of history are being
written before our eyes. And, sad to
relate, very few persons seem to care
The Supreme Court, in spite Of the
antitrust laws, has approved the
principle Of price fixing This time
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