The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-01-09
HIGHEST COURT
BACKS LAW Of
EMERGENCY
Supreme Justices Hand
Down ar-ReaChing Deci-
sion, Five to Four.
UPHOLD MINNESOTA ACT
Hold Government Can Take
Power to Cope With
HardShlpS.
BIZ { 1iited Press

BIZ United Press
WASHINGTON, Jan 9.-The su-
preme court was committed today
TO the principle that emergencies
call into being powers in the federal
Constitution giving the government
authority to cope with economic
hardships.
The commitment was made in
fve-to-four decision, which de-
bated more violently than at am
time in recent years the limitations
of constitutional authority in times
Of stress. 1t upheld the Minnesota
law establishing a two-year mora
forum on mortgage foreclosures,
and possibly established the validity
of similar emergency legislation in
numerous other states.
The decision revealed a lineup of
liberals and conservatives which had
been established in earlier cases.
Chief Justice Charles Evans
Hughes, criticised in the senate as
too conservative when he was
named to the bench, wrote the ma
jority opinion. Justice Owen j.
Roberts, a less regular recruit to the
liberal ranks, joined him in the
majopity which included Justices
Louis D. Brandeis, Harlan F. Stone
and Benjamin D. Cardozo.
The regular conservatives, JUS
tees George Sutherland, Willis Van
Devanter, James C.. McReynolds
and Pierce Butler expressed deter
mined contrary views in an opinion
by Justice Sutherland.
Chief Justice Hughes, in uphold
ing the law in a courtroom tense
with expectancy, reminded his lis
teners that an emergency does not
create power, nor increase granted
power, nor remove restrictions i'm
posed upon power granted or re-
served
Adopted in Emergency
The Constitution itself, he re-
called, was adopted in a time of
emergency and its powers and in
hibitions determined in the light OF
emergency.
But. he noted, while emergency
does not create power, emergency
may furnish the occasion for the
exercise of power. q. The constltu-
tional question presented in the
light of an emergency is whether
the power possessed embraces the
particular exercise of it in response
to particular conditions"
This last phraSeology was inter
preted to indicate the court under
took to commit itself 10 no more
than the particular case under con-
sideration, reserving the right to
weigh each case on its particular
merits as it comes up for decision.
Hughes Gives Decision
Chief Justice Hughes held:
If state power exists to give tenn
porary relief from the enforcement
of contracts in the presence of dis
asters due to physical causes such
as fire, flood or earthquake, that
power can not be said to be non
existent when the urgent public
need demanding such relief as pro-
duced by other and economic
causes"
Justice Sutherland was quite as
insistent in his dissent. He said:
He simply closes his eyes to the
necessary implications of the de-
cision who fails to see in it the po-
tentialty of future gradual but ever
advancing entertainments upon the
sanctity of private and public con-
tracts
The effect of the Minnesota leg
islation. though serious enough in
itself. is of trivial significance COM
pared with the far more dangerous
and serious inroads upon the limi-
tations of the Constitution which
are almost certain to ensue as a
consequence naturally following any
step beyond the boundaries fixed by
that instrument"
Break Long Rule
The high court broke its long
established rule to complete read
ing of the important decision.
Accustomed to recess promptly at
4:30 o'clock. Justice Sutherland
had only started his dissent at that
time Fellow justices and listeners
fidgeted.
Justice Sutherland. hastily read
ing. became aware of the nervous
ness.
There isn't much more to it" he
said. and read to the end.