Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1935-09-26
MAY FRAME MAJOR ISSUE
VOLUNTEER ATTORNEYS
CONSTITUTION DAY
THIRD PARTY TALK WEAKER

IL about two weeks the United
States Supreme Court will assemble
for its October term. Five cases An
volving four basic New Deal | avs,
are awaiting the Courts decision,
while numerous other contests are
pending in lower courts where other
legislation is being challenged. The
Court will probably hear contests In
volving the right OF the Tennessee
Valley Authority to market electri.
city. the validity of the cotton pro-
cessing tax and control measures,
and the right OF the PWA to con
denim land for slum clearance or to
make loans and grants for power
projects.
Litigation in the lower courts In
cludes cases challenging the insur'
ance Of bank deposits, the authority
Of the Security and Exchange Com
mission, the Guffey Coal Act and just
or-stage are threatened attacks on
the Utility Holding Act, and future
fighting i've some OF the measures
already questioned. A newly formed
committee OF lawyers Is studying re
cent legislation with a view to pre-
pare opinions to be given publicity
by the Liberty League.
Readers probably understand why
these differences OF opinion exist as
to the powers of the Federal Govern
ment, which acquires its authority
from the delegation by the States OF
some OF their sovereign power. For
that reason, legislation has to come
within the grant OF authority" In or
der to be a constitutional exercise of
authority by the Federal Government.
Because the present administration
attempted to ecrre certain social
benefits by regulating the economic
system by controlling production of
crops, oil and coal, to establish a bal
anced economy and by regulating
certain business enterprises it has
passed laws which approach the linn
it OF Federal power. even II they do
not transcend the delegation OF pow
er given to the Federal Government
by the States.
, The decisions of the Supreme Court
on the cases raised will have consid.
cradle influence upon the presidential
campaign next fall, and In addition.
may map issues to be settled by the
people OF this country. For example
If the AAA is set aside what will be
the attitude of farmers who are re
ceiving cash benefits based on the
processing tax? II the Guffey Goa
Act Is declared unconstitutional what
| will be the reaction Of the coal min
ers affected by the decision? In brief
what will be the thoughts of people
generally, IL the decisions OF the Su
preme Court narrowly interpets the
boundaries of Federal power and
make 1t almost impossible under oul
present constitution for the Govern
ment to make laws to meet the prob
lens attacked by present statutes?
Plainly the attitude of the Presi
dent is that the Federal Government
has, or to he efficient, must have the
power necessary to deal with these
modern issues. His strategy has beer
to enact legislation to remedy al
legged conditions and to await decis
ions of the Supreme Court in order
to ascertain what, II anything, mus
be done in the future to widen the
power of the Federal Government
which, he believes is the only agency
that can handle the situation. Ger
tainly If the people OF this country
endorse the recent legislative pro
gram they will not shrink from a
mending the constitution to give the
Federal Government adequate power
to handle present conditions. On The
other hand, if the people do not en-
dorse the laws that have been passet
they will not approve any effort t.
broaden the authority of the Fedora
Government.
1t Is somewhat novel to see wha
the Liberty League calls "eninen
attorneys volunteering to make stu
dies OF recent legislation, with tn,
purpose of passing ON their constitu
tionality as to service to the public