The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-06-15
Liberal Viewpoint
by DIR. HARRY ELMER BARNES

a YEAR ago much alarm expressed in
( n circles friendly to the new deal lest the SUI
! preme court might display short sighted and
| reactionary tendency and nullify basic legisla-
ton in the Roosevelt program.
During the last twelve months the supreme
court has amazed it's friends and admirers
by the surprisingly progressive decisions handed
down by the majority with respect to new deal
principles.
In the Minnesota mortgage moratorium case,
in the New York milk case, and in the Wash
ington butter case the court has swung definite
ly to the left and gone out of its way to ap-
prove legislation in the interests of the public
1t has exhibited an almost unparalleled willing
ness to allow the legislatures to determine the
wisdom of public policy.
1t might have been supposed that the at
torney-generaPs office and the legal staff of the
NRA would have been quick to exploit this IA
vorable. trend of the court while enthusiasm for
the new deal is fresh and intense.
Yet, exactly the opposite policy seems to pre-
vail The legal representatives of the govern
ment appear to be Surrendering without a fight
They seem willing to confess that they are licked
before going to the supreme court And this
confession of weakness is made without any ap-
parent ground for fearing defeat. With victory
seemingly almost inevitable and easily within
their grasp, they run up the white flag.
THIS astonishing situation is we'll described in
4 an article on "Planless Legal Planning" in
the New Republic.
Last autumn the government played an ig-
nominious role in its vacillation and evasons in
testing the legality of federal milk control
But the most decisive and critical illustra-
ton OF the timidity and ineptitude of the legal
representatives of the government is manifested
IN TIE case OF the United States VS. Smith de-
signed to test the legality of the federal author
ly 10 control petroleum production under the
provisions of the MIRA
Chief Justice Hughes has announced that the
government has requested the postponement of
this crucial case until autumn despite the fact
mat the attorneys for the petroleum board had
the case perfectly prepared and were confident
OF winning victory
1t would be difficult to imagine a more fav-
orable case through which The government
might test the validity OF the NRA.
Inc supply OF petroleum is limited The need
LOT conservation is Indispensable Unrestricted
private ownership and production not only
promote reckless exploitation of OIL but also up-
SeC CIle possibility OF national price control.
ME great majority of the powerful oil pro-
u ducers of the country are in thorough ac-
cord with the petroleum board in wishing to
control production. Not more than 10 per cent
OF the oil producers are defying public control
economic power as we'll as public interest would
encourage the court to render a decision favor
"SAO ~ CAAC d1lQ BOARD.
Yet, after the government brief had been
hnShed and only two weeks before the case was
to be heard, the government weakly requested a
postponement and offered in Justification only
medley of absurd rationalizations.
In the opinion of the majority of the press,
the chief responsibility for these weak legal
tactics rests upon the legal staff of the NRA.
Perhaps the most absurd item in the whole
procedure has been the sop thrown to the dis
appointed petroleum board The latter has been
told that the administration will support a
stronger oil bill, meaning if it means anything,
Dill more likely to be set aside by the supreme
court in a test case.
If the legal staff of the government does not
care to go to bat in behalf of the present oil bill
how does it propose to test an act more likely to
arouse the opposition Of reactionary members of
the court?
The government of the United States has in
the past been defeated before the supreme court
on issues of public policy. But, so far as I am
aware, 1T has never, even under the most re-
dictionary administrations surrendered without
even the semblance of a fight.