Evening star., 1935-01-02

Recent questions by Chief Justice
Hughes and Justice Brandeis at a
New Deal hearing about the legal
conditions produced by the multi
plicity of orders issued by the Gov
ernment. which have the effect of
law, have aroused the concern of
the country. Response by President
Roosevelt has given the impression
that while the Supreme Court will
have the important task of interpret
ing these orders and executive de-
crees, the administration will under
take to aid in simplifying the situa-
ton.
"a really ambitious effort is being
made to knit together the loose ends
of the recovery program" says the
Bay City (Mich) Daily Times, with
the conclusion that, "for the present,
it is interesting and potentially i'm
portant that the situation is receiving
serious attention; that the President
has been impressed. and will try to
do something about it"
1T is one thing to prate or crate
about the failure or success Of the
national recovery act, and the preSi-
Dental orders issued under it," states
the New York Times, but quite
another to apply for a judicial de-
cision, which will be, after all. the
final test" That paper feels that "it
is fortunate for the country. with i'm
portant appeals to the courts pending,
that there is such general confidence
in the ability and integrity of the
Federal judges" The Times quotes
from a radio address by John w
Davis, giving the lawyers judgment
OF the matter, and comments: mfr
Davis admits that the most skilled
lawyers are often 'mystified' by the
mass of relevant legislation enacted
by Congress, and above all by the
thousands of pages of executive
orders, never collated and compared
or brought into easily available form
Yet the work has to be undertaken
The judges must decide. They will
have to go to the law and the testi-
mony. 1t will not be possible fol-
them to defend everything that has
been done on the ground that il
was designed to meet an emergency.
A five-year- -old emergency seems fit
to rank as a legal curiosity with an
infant industry which has had tariff
protection for a hundred years. Nor
can the courts try to hide them
selves, as some defenders of the New
Deal do, by appealing to the general
welfare clause of the Constitution.
That, 1t is we'll established, made no
grant whatever of substantive power"
"a hopeful sign" is found by the
Akron Beacon Journal, in the fact that
"the call has gone forward for gen.
eral open conference of industries and
all other interested parties, at which
evidence will be collected on the opera
ton of major code provisions and the
advisability of amendment or continu-
ation.'" The Beacon Journal states
further: "The President, Of course, can
do nothing but sign the orders that are
submitted to him; no human being
could personally examine thousands oi
documents of technical and legalistiC
nature within a period of Is months
and do anything else"
The scope of the problem is indicat-
ed by the Akron paper in the state
ment: Inquiries by Justice Brandeis
and subsequent investigation, revealed
that $4,000 executive orders. rules anc
regulations have been issued under New
Deal sane. ons, which is understood to
be more than we:e issued in all the
! yes IS Of the r:""b'ic preceding 1888
There has been, it appeared, no codi.
fed publication of these documents