Evening star., 1935-06-02
BY OWEN L. SCOTT.

liberal and conservative, now have
said in effect:
So long as the present Constitu-
ton stands, no Hitler or Mussolini
or modified copy Of one will rule
the United States. The National Gov
ernment will continue to be a gov
ernment of limited powers.
Two principles, the judges hold,
continue to serve as the real rock on
which the American system is built.
They are: First, division of power
between a Congress which enacts laws,
an executive who administers those
laws and a court which passes on the
validity Of those laws and the acts OF
their administrator; second, a dual
sovereignty, involving sovereign States
which delegate specified and strictly
limited powers to a sovereign National
Government.
No dictator could function under
such a set-up. Neither can there be
built a strong central government
dominated by an an-powerful elected
President. To add its seal to that
determination, the Supreme Court de-
cided that a President may not re-
move from Office, unless for cause,
any member of semi-judicial Gov
ernment department.
The United States. New Deal or no
centralized system of government,
subject to checks and balances and
to strictly enumerated divisions Of re-
sponsibility.
Today the argument Is heard in
Washington that this system has out
lived it's usefulness.
1t was built. so the argument
goes. to deal with the problems OF
another age. when industry, too, was
decentralized and when agriculture
was the main occupation OF the
people. Now the Nation is confronted
with a highly centralized and con-
centrated industrial structure, highly
centralized financial structure. even
a highly centralized crime structure.
N. r. A. represented an effort to
utilize Federal powers to deal with
industry on a Nationwide basis. A.
A. A. was an effort to build up a ma
tional organization Of agriculture that
would parallel the organization OF in
dustry. Powers granted to labor were
designed to provide national basis
for organization of workers.
But the Supreme Court raises a
question concerning whether those
powers can be used so long as the
present Constitution stands.
The result is an issue that several
high-placed New Dealers think will
hold the attention Of the country be-
fore very long. That issue is:
Should State lines be broken down
by an amendment to the Constitution
that would give the Federal Govern
ment power to regulate all commerce?
If so, should Congress and the Presi-
dent rule the Nation with limited In
reference from the Supreme Court?
4 II
Donald Richberg, until recently re-
ferred to as the Assistant President. =.
gambled on the chance that he could
enlarge Federal powers by arguing
with the Supreme Court. He lost.
So confident was Mr.. Richberg that
he would win at least q partial VIC
tory that he and other high Govern
ment officials we're caught fiat-footed
when the court ruled against them.
At the time Of the Supreme Court
ruling on devaluation of the dollar
the President and his advisers had
prepared for every eventuallty.
This time no preparation had been
made. Yet the issue involved admit
tedly struck at the heart OF the en-
tire New Deal.
Reactions to the court decision hold
ing N. r. A. unconstitutional varied
among New Dealers.
Now we probably can find out VINO
really runs this country" one hlgn
official remarked off the record.
prominent industrialists," another
one said, "have been telling us now
quickly recovery would come II only
the Government stepped aside. Ine
Supreme Court has given them tneir
chance to demonstrate" go.
A third observed: I'VE feel a plt
foolish. Here we have sweateo ana
shaved and planned for two years 10
bring a little order into the system,
and all of the effort goes up in smoke
in q few minutes"
IN. r. A. and A. A. A. really were
designed as measures to help re-
distribute wealth on an equitable
basis" another official remarked. II
they are to be destroyed. then Huey
Longs tax on capital or a drastic
Federal income and inheritance TAX
system might be tried"
But most common was the loiloW-
ing sort of statement:
"The Supreme Court holds that
Congress usurped power that 1t did
not possess. Yet the very act OF the
court holding an act of Congress un-