Evening star., 1935-05-07
Hughes Nominated Self for
Presidency in Dissent,
Lewis Believes.
PRESIDENT CONSIDERS
TRYING new MEASURE
Wagner and Richberg Join in
Doubling Administration
Program Is Hurt.
By the Associated Press.

1CO ClUocly CIlc supreme COuIC QeClSlOu
holding unconstitutional the railway
pension act, with varying views as to
whether 1t would affect the social Sc
curity legislation.
One reaction was q statement by
Senator Lewis of Illinois, chairman
OF the Democratic Senatorial Cam
paign Committee, that Chief Justice
Hughes, In his dissenting opinion,
was "unconsciously" nominating him.
self TOR the presidency ON the Re-
publican ticket.
President Roosevelt studied the
f1ve-to-four decision to ascertain II
new legislation could be enacted which
would be held valid.
Richberg Scouts Effect.
Donald Richberg, chairman Of the
N. r. A. Board, told congressional
leaders he felt the decision had cast
no serious doubts on the constitu-
tionality Of the social security pro-
gram.
Senator Wagner, Democrat, Of New
York, told the Senate it would not
affect the social security bill.
The stocky New York Senator and
former Judge challenged the decision
and predicted the dissenting opinion
by Chief Justice Hughes would be the
eventual claw Of the land"
But regardless of that, he said. the
opinion did not challenge the theory
OF the social security bill, which was
based on the Federal Governments
taxing power.
A few minutes earlier Chairman
Harrison announced that the Senate
Finance Committee, considering the
social security program. would ask At
torney General Cummings for an opin-
ion as to its effect on the security bill
President Roosevelt meanwhile be-
gan study Of the decision to ascer-
tain if another railway pension bill
could be prepared which would be
upheld.
New Legislature Is Seen.
There were reports that an effort
would be made to get around the
Supreme Court decision by basing new
legislation on the Federal taxing power
rather than the right to regulate in
terstate commerce.
Richberg talked with Democratic
leaders Of the House Ways and Means
Committee, which originated the Sc
curity bill and put it through the
House without change.
Asked whether he, personally,
thought the court decision created any
doubt about the security bill, Chair
man Doughton told newspaper men
after the meeting:
I wouldn't think so, but / can't
tell. OF course, I'm not q lawyer"
Richberg. however, was said to have
expressed his opinion more forcibly.
One committeeman said this privately
to a newspaper man:
1.-THE fact that we're not going to
do anything about it ought to be q
good enough indication that we're not
worried about the constitutionality of
the social security bill"
Cummings to Be Invited.
Harrison said Cummings would be
asked to come before the committee
or send some one from his depart
ment to discuss the constitutional
angles Of the proposed legislation.
His announcement was made at the
conclusion of the committees first real
executive consideration of the social
security bill
The committee went ahead on the
bill regardless Of the Supreme Courts
decision. Some of its members ex-
pressed the view that the courts ac-
ton did not hit at the social security
bill.
Secretary Perkins explained changes
in the bill and suggested that its ad-
ministration be placed under the La
Dor Department instead Of being inde-
pendent, as in the measure passed by
the House.
Gov. Winship of Puerto Rico also
appeared to recommend that Puerto
Rico be included within the scope of
the law.
Act Invalid on 2 Grounds.
The rail pension act, under which
roads and employees were called upon
to make compulsory contributions to
pension workers at the age Of IS, was
declared unconstitutional on two prin-
cipal grounds:
That forcing a railroad to contrib
ute to q pool from which pensions for
employees Of all roads would be paid
deprived it of property without due
process of law; and that the social
purposes" of the bill were unrelated