The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1935-11-21
WASHING TON. Dr..

Agriculture Adjustment act, the right
of the federal government to control
labor and employers as it has done in
the Guffey Coal bill, the program of
government in business as represented
by the creation of the Tennessee valley
electric layout and the sales of its
product in competition with private in
dustry, and four or five others of
lesser consequence. I think 1t is gen.
orally agreed that the court will hold
some of these legislative policies to be
unconstitutional. Certainly, legal opin-
ion is thoroughly divided and some of
the lawyers must be right In their
guesseS as to the courts DEGREES. In
that event, there will be disappoint-
ments. Those officials who have spon-
sored the various programs and prof.
ects that are now come into question
| will suffer because their pride will be
hurt. The next step, a result that al
ways obtains, the disappointed ones
will attempt to find goat on whom
they can lay the blame. The goat I'M
doubtedly will be the Supreme court
Dul luC SCHcIdl iCNcIcuCc Hclu Tic
court will not permit open attacks upon
it. Instead, these disappointed ones
will seek to accomplish their purpose
in another way, namely, by changes in
the Constitution that will curb the
power of the court. 1t will not be the
first time that this has been done or
that drives against the court have taken
place. Proposals to change the power
of the court by constitutional amend
ment or otherwise occurred in 1923,
1926, 1868, in the 1905 and again in
1923. Fortunately, congress rejected
those proposals in every instance. It
is to be hoped that congress will do it
again.
Now, we have total of four pro-
posals in congress designed to accom-
plish changes in the power of the
court. Probably the most important of
these Is that by Senator Norris of
Nebraska who advocates a constitu-
tional change that would give the Su-
preme court exclusive power to pass
upon constitutional questions of law,
and to pass on those questions within
six months after enactment of the
legislation in question.
On the surface, this would appear
to be meritorious proposition but I
have found, in discussing it with men
equipped to analyze the proposal, it
contains some elements of grave dan
ger. If such a provision were opera
tive at the present time, for instance,
it would be easy for some of the brain
trust to make it impossible for the
court ever to have an opportunity to
declare the act constitutional or I'M
constitutional. The course that was
pointed out to me was this: By the
expedient Of allowing a new law to
be imperative through non-enforcement
for period of six months, its terms
could never be brought into question
If the administrative official did not
seek to enforce the law and bring vio-
lators to the bar of the court within
the six-month period the law would go
on the statute books until repealed by
congress.
Senator Norris likewise has argued
that the Supreme court should never
be allowed to declare
NoTTtS an act unconstitu-
Argument tional unless two
thirds of the nine
justices were in agreement in that re-
gard. He has bitterly opposed rulings
of the court which were decided on
five to four basis: so it seems the Ne
braska senator may have beautiful
theory that could easily go off at
tangent when applied to humans.
Most of the other proposals now in
congress will get nowhere In con-
gressional consideration and. therefore,
reference to them will be omitted. 1t
remains as possibility, however, that
the next election could bring in enough
rabble-rousing demagogues to put
through resolutions proposing that the
Constitution be amended. Of course,
those resolutions from congress have
to be adopted by the 48 states but it
has always been the case that If pro-
posed amendments to the Constitution
are checked in congress the major bat
tie has been won.
do not know, nor do care to pre-
dict, how the farmers of the country
will react to decision by the Supreme
court holding AAA unconstitutional.
Certainly, they will be disappointed
but whether this disappointment will
result in concerted movement by
them to amend the Constitution to per-
NIT operation of present AAA policies
is a question only time can answer.
There is this much that can be said,
however, and 1t has no relation to
politics: l believe they will regret
it if they seek to open up the Consti-
tuition to amendments. If they do
succeed, they will then find that all
of the other interests in this country
will be clamoring for changes and the
result probably be muddy mess.
Gwestern Newspaper Union.
''Deadwood Dick"
ssDoadwood Dick" was Richard w.