Evening star., 1935-04-29
CONGRESS WEIGHS
N. R. A. EXTENSION.
Fear Act May Be Declared
Unconstitutional Un.
less Renewed.
BYDAyID LAWRENCE.


the Supreme Court of the United
States.
Hence discussion as to what shall
take its. place becomes pertinent.
Many members think the wisest thing
to do is to extend the present act
and wait for the courts decision be-
fore attempting to write a new law.
The so-called Harrison bill, desired
by the N. r. A. lawyers, is much
more drastic and far more extensive
than the present law, so If the Su-
preme Court declares the present
statute invalid certainly there would
not be any use in going ahead with
the Harrison bill.
Even the plan which has been get
ting support at Capitol Hill in the
last few days-namely, to pass a
simple resolution extending the pres
ent law for nine months-may prove
futile. for it is likely that before
Congress adjourns this session the
Supreme Court will have spoken.
Under such circumstances. assuming
an adverse decision the whole N R. A.
would collapse, the good and the bad.
This would strike serious blow at
the whole theory Of the New Deal
in trying to stretch the Constitution
to covers matters properly belonging
to the States.
Unions Stand Fast.
The sensible thing to do, Of course,
Is to salvage the many advances that
have been made toward prohibiting
unfair trade practices and to encour-
age the States to tackle labor prob
lens on an equitable basis. But until
the union leaders are baked by the
explicit language of high court deci-
sions, they will not permit the men,
bers of Congress whose votes they
control to relax one bit the efforts
being made still further to enlarge
the scope OF Federal legislation deal
ing with labor disputes.
Temporizing with vital national
questions is, however, political habit.
Everybody who still believes we have
Government of laws and not men,
a Government of constitutional prin-
ciples instead Of Government Of
eXpediency and arbitrary whim, can
not but be impressed with what the
highest court of the State Of Wiscon-
sin and now the highest court of the
State of New York have said as to
abdicating State powers with respect
to the N. r. A., and with what the
United States Circuit Court of Ap-
peals in the second district at New
York has said about Federal rights
to regulate employer and employe re-
lations.
There is pending also in the United
States Circuit Court of Appeals for
the sixth district case that is bound
to become historic in its significance,
for 1t is the controversy involving the
rubber companies and unions at
Akron, which recently agreed on a
truce till the courts could decide the
main issues.
Clause IA Endangered.
A careful study of these decisions,
Indeed, perusal of the argument
presented within the last 10 days at
Cincinnati in the rubber cases, has
made upon this writer the indelible
impression that if Government coun-
sci. including Donald Riohberg, can
not present to the Supreme Court of
the United States any more con-
vincing argument as to what it is
that gives the Federal Government
the right to interfere in matters that
"anect" interstate commerce but are
really business within a State, then
the whole structure of IA, that is,
the clause on collective bargaining
by Federal rule, will fall to the
ground.
The issues are not very complex.
A long stream of United States Su-
preme Court decisions have, as late
as 1884, said that manufacture" is
not interstate commerce. The rub
Der companies claim the employees
now being covered in orders by the
Labor Board are not engaged in in
terstate commerce. If they are, then
the Federal board can supervise elec-
tions, tell the companies in question
to recognize the majority for pur-
poses of bargaining, thus excluding
the minority from the negotiations,
and We would have the Chevrolet con-
troversy at Toledo, for instance, alb
solutely subject to the Federal Goy-
ernment's power.
Refuse to Discriminate.
In Toledo, for instance, the COM
pany is willing to treat with any rep
resentatives of employees 1t is not
refusing to bargain collectively, but
1t will not discriminate against one
group Of employees in favor of an
other group of employees.
Studying the transcript Of the pro-
ceedings at Cincinnati, the writer
finds that the three judges asked
some pointed questions of Govern
ment counsel seeking enlightenment
on what 1t is in rubber manufacture
or labor relations in that industry
which constitutes a burden on the
free flow of interstate commerce"
Government counsel offered the
theory that strike might ensue,
that a shutdown would be nationally
disastrous and that it would curtail
output and lead to dangerous conse-
quences. But the court wanted to
know whether the Federal Govern
ment would have the right, If all mat
tiers affecting" interstate commerce
were subject to regulation under the
commerce clause of the Federal Con-
stitution, to interfere with an en-
ployer when he found it necessary to
dissolve his corporation because he
wasn't making any money. This, too,
II might be argued, could affect out
put in interstate commerce and pro-
duce a damaging effect if resorted to
by many companies. Could the Fed
eral Government force a company to
stay in business? If the Government
regulated labor elections, could 1t also
insist that workmen must accept
definite wages imposed by Federal
authority?
Farm Phase Cited.
There were other points raised as
to what might be meant by affecting"
interstate commerce. One Judge in
quired what was the difference be-
tween telling the farmhands who har-
vested wheat that they must not stop
work or that they must accept Ger
tain rules imposed by the Federal
Government. because the wheat might
be shipped later into other States and