The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-04-06

Makes Nyc Wonder Munitions Men Must Have
War, Even II IT'S Only Against Ducks.
Washington, April 6.-Fear of old Justice Brandeis
and violent disagreement among New Deal lawyers led
the government to drop the Becher case-though 1t had
been picked the strongest supreme court test of NA
|conStitutionaly.
Circumstances of the retreat almost though per-
haps not quite as ridiculous as the incident appears on
Stanley Reed, new solicitor general made the dec-
sion and persuaded Attorney General Cummings Donald
Richberg. and Roosevelt to concur with him.
The Belcher case, involving violation of wage and
hour provisions under the lumber code which defense
lawyers insisted were illegal along with the code itself
was due to be argued by Reed before the high court
MIRA and Justice Department lawyers had nursed It
tenderly speeding it along for what they fondy hoped
would be the most complete vndicaon OF the New Deal
Reed took good look at the case and said: HELL
SURE OF A BEATING
The logic behind the decision was this:
The administration can count on adverse decisions
from four OF the nine justices any time goes before
the supreme court with New Deal measure. To win,
it must be of support from Hughes Brandes Stone,
Roberts and Cardozo.
Brandes is known to be violently opposed to i'm
proper delegations of power The lumber code goes to
the almost incredible extreme Of permitting code auth
ority consisting of private individuals to allocate produc-
ton among lumber manufacturers with no provision for
MIRA review.
Reed felt-and he supported by Prof. Felix
Frankfurter chief apostle of Brandeis-that Bradeis
would rip the code to shreds with roar that might
shake New Deal Temptations.
MIRA lawyers who fought bitterly against aban-
donment of the case had assumed the court would be.
nice enough to confne itself solely to the question Of
wages and hours.
But it was recalled that the court had decided the
recent oil point which had never been raised
and that illegal provision in code might be used
to throw the whole thing out.
LOOK AND FEEL SILLY
At least high MIRA official refers to the lumber
code privately "our fhiest, lousest code Big fel-
i,, inCI1ct
locating and many serious abuses have been reported
to MIRA. The code is going to be changed
Previous buildup and ballyhoo Of the Belcher case
as NRAs perfect test CASE what make the whole
episode silly And silly is exactly the way
quite few NRA people feeling
on code compliance will be largely offset by new and
apparently sincere drive for enforcement.
SOMETHING TO DOUBT
Mr.. Bernard Names Baruch before the
Senate munitions committed: I'VE don't conduct
the government for people who can take care of
themselves. We conduct it for people who can't
take care Of themselves
Senator Nye, musingly: Sometimes wonder
about that"
DUCKS WOULD BETTER DUCK
Certain munitions makers exerting influence in
field which won't be touched by the Senate committee.
They're opposed to closed season wild ducks and
geese this year. which has been advocated because OF
defamation of the birds.
Drouth and dust storms drying up feeding places
have added the havoc of hunters-who took out more
than 100000 licenses last year to hunt ducks and other
wild life
The American Nature Association and other groups
seek to persuade Chief N. Darling Of the Biological
Survey bar duckshooting next fall and give the birds
a chance.
Pressure against closed season comes from makers
Of POWDER Shells and guns from many game associa-
TONS and from many state game departments which
depend on fees from hunting licenses to support them
selves and pay salaries Thus far this has been
| Copyright, 1885, NEA Service, 1nco