The Washington times., 1935-04-01
Senators Demand
Court Test of NRA
BY WILLIAM X. HUTCHINSON
International News Service


International News Service
The constitutionality Of the
whole National Industrial Recov-
cry Act became a major issue
today in the Administrators
fight to have the MIRA extended
another two years.
Administration leaders threw a
temporary blanket over a biparti.
san drive for a Supreme Court test
of the constitutionality of the
MIRA when they referred a resolu-
ton asking such a test to the
Senate Finance Committee for re-
port.
The resolution, sponsored by
Senators Hastings CRO, Della.
ware, and Clark CD, Missouri
would put the Senate on record
as urging the Attorney General
to secure a Supreme Court ruling
on the decision of an Alabama
Federal judge, holding the whole
MIRA and the NRA unconstltu-
tional.
Administration leaders moved
the resolution be referred to the
Finance Committee, now investi-
eating NRA. The sponsors gave
notice, however, they would not
let the resolution be buried there.
Demands Appeal
The resolution would respect
fully request and urge" the Attor-
ney General to prosecute a Gov
ernmeat appeal to the United
States Supreme Court against the
ruling OF Federal Judge w. I.
Grubb in the northern district Of
Alabama, which held the whole
MIRA unconstitutional. The Gov.
eminent, after first taking steps
to appeal this decision, recently
abandoned the appeal.
An appeal of the case now
would force the highest court to
interpret the phrase interstate
commerce." thereby telling the
Government just how far it can
control industry through codes. It
also would gain from the highest
court ruling on how far the
Government can go in regulating
wages and hours Of labor.
U. S. Held Afraid
Rumors prevailed the Admins
tration abandoned its appeal
through fear the highest court
would render an adverse decision
on the MIRA. From a legal stand
point. however. the case made
direct issue of the constitution
atty of the N. I. r. A.
The case began when the Gov
eminent prosecuted william E.
Belcher, an Alabama lumberman,
last october for alleged violation
Of the NRA lumber CODE. Mr..
Belcher was charged with paying
less wages and working his EN-
ployes more hours than allowed
by the code. Instead of denying
the charge, Mr.. Belcher defended
on the ground that the MIRA
and the lumber code itself were
unconstitutional. Judge Grub
upheld his defense.
Validity Issue
The issues before the Supreme
Court, if an appeal is taken,
would be whether the NRA and
the codes are unconstitutional be-
cause:
/. They are outside the powers
conferred on Congress to regulate
interstate commerce.
2. They encroach on powers
conferred on the States, in viola
ton of the tenth amendment.
8. The limitations on wages
and hours Of labor violate the
fifth amendment.
4. The MIRA delegates judicial
power to the President.
S. The MIRA delegates legis-
lative power to the President.
Senators Hastings and Clark
urged a test in the high court,
because a decision would "be of
great assistance to the Senate
in determining what changes are
necessary, or whether a consti.
tutional act could be passed to
accomplish the purposes desired"
They urged the test be made be-
fore the Senate acts further on
the Presidents request for the two.