The Omaha guide., 1935-07-13
Federalism VS.. States Rights.

NULLFICATION Of the r BY the Supreme
court II generally regarded a. a momentous decision
ing controversial issue as to whether It i lawful
tutional implications. The rank and file Of our
citizenry il gradually weakening to the fact that
tie nation IL very apt to be stirred over the burn
ing controversial issue as to whether it i lawful
for tire Federal Government to enforce in states
code provisions establishing fair trade and practices
forbidding throat-cut competition and determining
higher wages and shorter working hours for labor
Not even the most ardent advocate Of the New
Deal WI contend that the r was without lmper-
fections. Hastily put together as an emergency
measure to bring about business recovery, i intro
duced some Objectionable features which were I'M
avoidable under the circumstances However, III es-
sence the aims and objects sought were admirable
and commendable.
Since the wings Of the Blue Eagle have been
closely clipped by the Supreme Court, the idea has
been advanced that business voluntarily effect an
agreement to observe the codes without government
al coercion. New Dealers assert 80 percent Of the
business men are willing to live up to such an ar
rangement, but that 10 percent are chiSelers whose
Discrimination to play the rules Of the game fairly
Is provocative Of double-dealing and chaos. 1t,
therefore, is expecting to much to look forward
with optimism to commercial practices to be honor
ably observed by all.
Charles i. Bernheimer, chairman of the commit
tee Of arbitration Of the Chamber Of Commerce Of
the State Of New York, believes that in the event
the administration offers no other solution, some Of
the most effective features Of the NRA codes invali-
dated BY the Supreme Court decision may be sal
vaged by substituting an arbitration clause for the
part Of the decision which deals with court juris-
diction- He opines:
Now that the Supreme Court NRA decision
has been rendered, and now that we are without
something which was in its entirety not satisfactory
to most Of US it has become nevertheless evident,
with a few dissenting voice being heard, that we
must make a prompt effort to preserve the good
part Of the codes and make them fit for our Consti-
tutional structure. The administration is cropping
for a solution 1t wants the NRA codes. The great
bulk Of our business people want them; the employ
Is want them, and the mass Of our population, the
consuming public, likewise. They have all in the
main been well served by them. Business industry
has taken hold.
The Negro worker cannot enthuse over the NRA
which often worked to his disadvantage, although
1t was not the intention Of the New Deal that he
be Disseminated against. Scores Of cases NAV be
cited wherein a company was ordered to raise the
wages Of employees and Negro workers lost their
jobs because OF the employers contention that il
he had to pay more money it would be to white
help. The split between the Roosevelt administra-
ton with Governor Talmadge Of Georgia, who re-
fused to pay Negroes R wages, is well known.
IN any national political controversy on the is
sue Of States rights versus Federalism. it is hardly
possible that the Negro will take the side Of States
rights, which has meant disfranchisemen a..Jim
Crowlsm' and other forms of discrimination and
persecution to him. Having secured his full citizen
ship under Federalism and made his greatest prog
resS under the protective wing, and even at this
very moment Is seeking to stamp out mob violence
Ply Federal legislation, it is doubtful il the scant
dement's derived from the NRA will impel him to
embrace the philosophy Of States rights as ! pana-
ca Tor political, economic and social betterment