Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1935-05-31
SUPREME COURT
DECLARES NRA
SUSPENDED
Unanimous Opinion Of Judges
That The Codes Violate
The Constitution
EFFORTS MADE BY SOME
TO PRESERVE BENEFITS

The Supreme Court of the United
States handed down on Monday of this
week, a decision with as much import
attached to it and to any that has ever
come from that court of last resort,
and from which there is no appeal.
This decision has for it's high point
the declaration that the National Re-
covery Act is unconstitutional and of
no effect. Further, the opinion also
stated that the Lemke Farm Mortgage
Moratorium is unconstitutional, and
it, in addition, ruled that the President
had no right to remove William E.
Humphreys, former Republican men,
Der of Congress, of Seattle, from men,
bership on the Federal Trade Com
mission-three reverses in one day to
Mr.. Roosevelt's policies.
The NRA was one of the Presidents
endeavors to restore prosperity thru
the medium of fair competition; the
Moratorium was an enactment under
which year stay was granted farm
mortgages, by enabling farm owners
to hold up bankruptcy proceedings for
five years. With regard to the Hum
phry case, the court declared:
eve think it plain under the Con-
stitution that illimitable power of re-
moval is not possessed by the Presi-
dent in respect of officers of the char
acter of those just named"
The justices of the high court said
the power of dismissal claimed for the
President in the Humphrey case was
one of "coercive influence threatens
the influence of a commission, which
is not wholly disconnected from the
Executive Department, but which was
created by Congress as means OF
carrying into operation legislative and
judicial powers and as an agency OF
the legislative and judicial depart
ments."
By its ruling, unanimous except that
Justice McReynolds disagreed with
the method of presentation employed
by Justice Sutherland in speaking for
the court, the tribunal in effect in
structed the Court of Claims to decide
how much money should be paid to the
estate of Humphrey as salary from
October 8. 1888, when he was removed,
to February ID, 1884, when he died.
1t can be readily understood just
10 hn will
effect business. The New Deal has
been so comprehensive in its nature
as to reach every dealer large or small
in it's application. There are many
big businesses which will refuse to
abandon it's workings, and labor or
ganization threaten strikes as an ex-
preston of opposition to the Supreme
Bench opinion. There is talk of an
amendment to the Constitution, and
efforts will be made to salvage as
much as possible from the devastation
scattered by the High Tribunal.
There is no hesitancy on the part
of some to characterize the action of
the Court as a gigantic mistake, and
is mentioned as akin to the
bred Scott case which came up
in the administration of President
Buchanan. This case declared negroes
had no standing as citizens in the Uni
ted States but were always thought
of or spoken of as roperty-indeed
all rights were denied the black race,
and bred Scott was remanded to slav-
cry after he gained his freedom thru
the working of the Mission Compro-
mise.
At present, the business of the coun-
try is somewhat chaotic, but some
wager the prediction that better times
will ensue, and that when the nation
is thrown upon its own resources;
when it is free from Federal restric-
tions without number; and when the
law of demand and supply is allowed
to govern, then prosperity will come
in a natural wav and como tn stav