Evening star., 1935-04-05
A Change of Front.

The administration, through the
Department Of Justice, has decided to
60 to the bat in the Supreme Court in
defense of the N. r. A. Having side.
stepped the issue of the constitution
ality of the N. r. A. in the Belcher
case, the department is now demand
ing that the Schechter case be hur-
ried to the Supreme Court and there
expedited. Such sudden change Of
heart may seem strange to the man
on the street. But there are reasons.
In the first place, the Government
believes that 1t stands better chance
to win the Schechter case than it did
the Belcher case. Furthermore, there
was an immediate and, from the ad-
ministration's point of view, a most
unfortunate reaction throughout the
country to the unwillingness of the
Government to meet the issue of the
constitutionality of the N. r. A. The
opinion spread rapidly that the Gov
ernment had no confidence in the
N. r. A. and its codes as constitutional
agencies. The morale of the N. r. A.
itself received a bitter blow. The feel
ing grew in Congress that it was being
asked by the President to put through
a new law extending the N. r. A. for
two more years without the admins
tration being willing to permit Con-
gress to have the Judgment of the
Supreme Court on the constitutional
questions involved.
Why does the Government, appar-
emily, believe that it has q better
chance to win the Schechter case
than it had to win the Belcher case?
The lower court in the Belcher case,
which involved the lumber code, had
decided fatty against the Govern
ment. In the Schechter case. on the
other hand, the lower court had at
least given the Government more
than even break; it decided in favor
of the Government on seventeen
counts and against it on only two
counts involved in the case. The
Schechter case involves the poultry
code. 1t happens that the Supreme
Court in other cases coming before
it has dealt rather severely with the
handlers Of poultry, and has given
them a more or less distinct status
in interstate commerce. The Second
Circuit Court of Appeals in New
York, which decided the Schechter
case. upheld the constitutionality of
the N. r. A. and the poultry code ex-
cept as regards wages and hours of
labor.
Every effort is to be made to get
the Schechter case before the Supreme
Court during the May term. The
Government will Immediately file a
petition for a writ of certiorari on the
two counts decided against 1t by the
lower court. 1t hopes that the de-
PENDANTS will courteously file just as
quickly their petition for a writ in
the seventeen counts decided against
them. Unless, however, they are will
ing to waive certain preliminaries the
case cannot be brought before the
Supreme Court before the time of the
June 16. And it will be impossible to
get decision in any event before the
consideration of the new N. R. A. bill
begins in Congress.
The enthusiasm Of the Government
to get speedy decision in this case
involving the poultry code is admirable.
The defendants, unless they are will
ing to suffer penalties for violation OF
the code. must go along with the ap-
peal from the decision of the lower
court. No individuals in the Govern
ment were threatened with fines or
Jail sentences when the Government
withdrew its appeal in the Belcher
case. So the Government must feel
reasonably sure that the defendants
will not seek to avoid an appeal or to
have an appeal dismissed.
The Government is certainly in .
better position than it was when it
lodged a decision in the Belcher case.
The country is entitled to a decision
and so is the Congress in the matter
of the constitutionality of the N. r. A.