Evening star., 1935-06-19
CHANGES |NA.A.A.
BELIEVED INVALID
Schechter Decision Ignored
in Farm Amendments,
8 Observer Says.
BY DAVID LAWRENCE.

INV Oll1 bC4l1H RACCSA4b~S 80 f--c~~0~
In Congress today Il more palpably
demonstrations thar the proposed
amendments to the agricultural ad-
tustment act and tas original act
which it is now sought to amend.
Notwithstanding the unanimous de-
cision of the Supreme Court of the
United States in the Schechter case,
which specifically says that there is
nothing in the Federal Constitution
which permits Congress to control
agricultural production, the Agricul-
tural Committee of the House Of
Representatives has reported a bill
which seeks to do the very thing that
the court tabooed.
The bill is an intricately phrased
measure, but it is accompanied by a
report which attempts to justify the
constitutionality of the amendments.
1t is significant, however. that court
decisions are cited for various minor
changes in the original law, but no
citation is given for the main attempt
to control agricultural production. The
new language of the bill on that fea-
ture reads as follows:
Z THE Secretary of Agriculture shall,
subject to the provisions of this section,
issue, and from time to time amend,
orders, applicable to professors, asso-
Citations of producers, snd others, en-
gagged in the handling of any agricul-
tural commodity or product thereof
specified in subsection 2 of this section.
"Such persons are referred to in this
title as handlers Such orders shall
regulate, in the manner hereinafter
in this section provided, the handling
of such agricultural commodity, or
product thereof, in the current Of
interstate or foreign commerce, or so
as directly to burden, obstruct or affect
interstate or foreign commerce in such
: commodity or product thereof"
Penalties Stipulated.
Penalties ranging from $50 to $500
a day are stipulated for violating
"orders."
;, Now the Supreme Court In the
Schechter case clearly disposed of all
the ingenious phrases of the brain
trust lawyers about affecting" or "ob-
structing" interstate commerce. But
apparently the House Committee swal-
lowed, hook, line and. sinker, what the
Agricultural Department lawyers have
Just told them was constitutional.
Indeed, in one part of the House
Committee report the statement IS
boldly made that the act has been
changed to conform to the Schechter
decision. But no proof is adduced
that such has happened.
The A. A. A. amendments merely
change the word license" to read
"order" and the word handler" is
substituted for producer" though
dences that handlers and producers
are about the same.
Commodities Affected.
It is curious, too, that the defenders
OF the bill insist that because the Su-
preme Court declared milk affected
with the public interest, as defined by
New York State law, this gives the
Federal Government the right TO de-
clare what farm commodities are af-
,fected with public interest so far as
the Federal power is concerned. This
would mean that Congress could de-
clare any commodity affected with the
public interest and thereafter it could
be controlled as to production pre-
cisely as was attempted under the
N. r. A.
It is unthinkable that a unanimous
decision of the Supreme Court for
bidding Federal control over produc-
ton will be ignored by a Congress
consisting of members who have taken
an oath Of Office to support the Con-
stitution. But strange things are hap
pening In Washington nowadays
which are explained neither by logic
nor study Of the Constitution, but by
political expediency and by coercion
applied by the executive branch upon
the legislative branch of the Govern
ment through the use of various pub
Lie works funds and political appoint
ments.
tCopyrisht. 1850