The Waterbury Democrat., 1934-01-22

-
Washington, Jan. 22-Ninety-
six senators and 435 representa-
tiyes are sitting at their respec-
tive ends of the capitol these
days going through the motions
of enacting legislation. For the
most part, this is matter of
putting the rubber stamp of con-
gressional approval on what al
ready has been worked out at
the other end of Pennsylvania
avenue.
In tie very center Of the capitol
building, however, Is another
chamber tucked away from the
rush of sightseers and congress-
men. There, behind a felt-lined
door, in an atmosphere heavy
with dignity and erudition, sit
nine old men.
Upon them the spotlight OF
Washington is now focused. On
their shoulders, far more than
the noisy legislators ON either
side, rests the future or the New
Deal. For they, the supreme
court of the United States, must
mass upOn the cOnstitutlOnality
OF the intricate legal newOrk up-
on which the New Deal and re.
cOvery are based.
Already, by the narrow margin
of S to 4 in the Minnesota mort
gage moratorium case, recovery
legislation got favorable break
from the supreme court.
NEW YORK MILK CASE
But the most important case
Is let to come-may break any
moment. 1t Will support or shat
ter the recovery structure.
This Is the New York milk
control suit, involving that basic
principle of the MIRA and AAA
price control by government
agencies.
A grocer in Rochester, N. Y,
named Leo Nebbia, gave away a
scent loaf of bread as q sales
premium with every two-quart
purchase of milk. The New York
state milk control board brought
him into court where he was fin
ed IS. The case was appealed and
fought through various state
courts, each one upholding the
law and the conviction. Now it is
up to the nine men who sit be-
hind the sound proof door in the
capitol.
NINE OLD MEN
Many times before in the his
tory of the nation these men and
their predecessors have passed
upon the economic, social and
political legislation of the coun-
try-and of late usually ruled
against 1t. 1t took eighteen years
to convince them that the in
come tax was constitutional.
Twice since 1906 have they torn
child labor laws from the stat
ute books. In 1923 they reversed
the judgment of thirty state
jurists and five state legislatures
in finding the Oregon minimum
wage law unconstitutional. And
as late as 1882, they ruled
against state restraint of compe-
tition in the Oklahoma ice case.
But now the NRA with a
labor, set up minimum wages,
made government control of
competition one Of the bases Of
its policy.
Will the supreme court move
to sweep all this aside?
ANSWER UNCERTAIN
The answer rests in the hands
of nine old men, the Oldest rs,
the youngest SO, their, average
age being II Ia years. They
divide into three distinct groups:
two moderates, three liberals,
four tories.
The two mOderatcs - Chief
Justice Charles Evans Hughes
and Justice Owen ID. Roberts
can swing the decision of the
court. Should they, as I'm the Min
nsOta case, vote to back the gov
eminent In the New York milk
suit, all other recovery dcci-
siOns probably will follow suit
and be upheld. Should they OPP
pose, a war over the court is
certain. Roosevelt Is prepared to
increase its membership i'm order
to get support for the legislation
of the New Deal.
Here are the personalities of
the distinguished gentlemen in
whose hands this momentous de-
cision rests.
TWO MODERATES
Chief Justice Charles Evans
Hughes, ~, appointed by Hoov-
err. He has spent lifetime of
oscillation between serving
himself and his country, and has
done both we'll. OF pronounced
political sensitiveness, he has
been on both sides of the issue,
handing down extreme reaction
airy decisions, and distinctly lib
eral ones. Hughes Is inclined to
be a harmonizer between the
two warning factions of the
court, feels that so august body
should be beyond dissent.
Justice owen J. Roberts, SO,
appointed by Hoover, after, the
senate had rejected Hoover's
first choice, Judge John J. Park
err. A brilliant prosecutor of the
Oil lease cases, Roberts inclines
toward the liberal side, but occa-