Evening star., 1935-01-09
Definition by High Court
Urged to Guide Congress
Clear Course in Framing Lars Seen
Possible Only by Elucidating 'Dele.
cation of Legislative Pouer.''

tions. and to raise or lower the tariff
duties to the extent Of so per cent,
as he sees f1t, in order to facilitate
such agreements. During considera-
ton Of the measure, in the last Con-
gress, it was attacked by Republican
opponents as unconstitutional. But
the administration forces jammed 1t
through.
A definition Of the delegation of
legislative power, it was urged, could
well state that any law which author
ICED the Executive to use his "judg-
ment" or discretion" in administering
a law in effect made the Executive a
legislator.
Senator Costigan of Colorado, DEM
ocrat, and ardent New Dealer, intro
duced the other day q joint resolution
proposing to amend the Constitution
so that all the New Deal legislation
should be constitutional.
One of his colleagues remarked to-
day that it would take longer to get
such an amendment ratified than the
New Deal will last"
Borah Sees Codes End.
The codes of fair competition. set
up under the N. r. A. cannot stand
but must fall, in the light of the "hot
oil' decision of the Supreme Court of
the United States, in the opinion of
Senator William e. Borah of Idaho.
THE logic of the decision" said the
Idaho Senator today, would seem
clearly to include the codes of So
called fair competition. Let me give
you an illustration.
"A man writes me he wanted to
start an ice plant. The community
wanted him to start an ice plant. The
code authority issued an order, or law
as you may call it, that he could not
start an ice plant. One of the parties
issuing the order, or enacting the
laws, was man who had an ice plant
in the same town.
Here you have legislation without
any standard by private interests and
by interested parties. If the man vio-
lates the order, he is sent to Jail.
with all due respect, say that this
order violates at least half q dozen
provisions of the Constitution of the
United States"
Senator Borah's opinion that there
has been Legislation" for industries
on wide scale under the administra-
tion of the N. r. A. and that it is sub
ject to the same kind of attack In the
courts as was the section of the recov-
cry act dealing with hot Oil, now 6e-
clared unconstitutional, is spreading
here.
The Idaho Senator said, too. that
the Supreme Court has in its opinion
in the oil cases shown Congress that
1t has a duty to perform which it has
neglected.
The decision at least admonishes
Congress that 1t has q duty to per-
FORM" he said. "The duty is to legis-
late. not abdicate. That duty 1t owes
to the people who elect the Congress.
The Supreme Courts decision will,
it is believed, scrap a considerable
amount of the New Deal legislation,
If the court sticks to its guns. The
N. r. A. goes out of existence next
June l6. it Is true. unless Congress ex-
tion leaders are attempting to see
what part Of the N. r. A. can and
should be saved. The President has
clearly indicated that he wishes q law
enacted making permanent at least
part of this first Of his experiments.
The Supreme Court decision Is not
likely to make this any easier.
IT Is not only the N. n. A, that is
likely to suffer from court action, 1t
was said. but a number Of the other
new laws. including that setting up
the A. A. A.