The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-05-29
DYNAMITE, SAY
OBSERVERS OF
COURT vERDICTS
Whole Situation Is Fraught
With Political Danger,
Is Opinion.
BY LYLE c. WILSON
United Press stan Correspondent

WASHINGTON, May %. The
three unanimous Supreme Court
decisions which Jared the New
Deal and repudiated a left wing
move toward redistribution of
wealth are loaded with big political
and economic consequences.
The court dealt with blazing is
sues. 1t wrecked NRA, sharply cur
tailed powers President Roosevelt
sought to exercise over independent
Federal agencies and defended pri-
vate property against the Frazier
Lemke bill.
The Blue Eagle was shot twice.
The court held Congress exceeded
its constitutional powers in delegat-
ing to President Roosevelt unde-
fined and unstapdardized authority
to promulgate codes of fair COM
petition with the force of law. That
decision had the effect of bolster
ing the constitutional checks and
balances by which one branch of
government is prevented from en-
croaching on another, even with
the consent of the latter.
Stress States Rights
The second barrel ruled that Con-
gress had no authority to invade
intraState commerce for regulation
Of hours and wages-at least to the
extent practiced under the MIRA.
To admit that right, the court held,
would be to acknowledge a central
lied system of government under
which Federal authority could be
extended over interstate matters al
most without limit. The portion of
the opinion emphasized the issue of
states rights, which has been a
source of recurrent dispute and one
war within the republic.
The ruling in the Humphrey case
was aimed directly at Mr.. Roosevelt.
The court repudiated his success
full effort to GUST from the BIZ
partisan, independent Federal Trade
Commission commissioner who
was believed to be unsympathetic
with New Deal policies-the late
William E. Humphrey of Seattle.
Court Accepts Argument
No charge of incompetence was
brought against Commissioner
Humphrey, a Republican. But Mr.
Roosevelt demanded his resignation,
explaining he thought the commits
sioner'S responsibilities best could
be discharged by a man of his own
choosing. Recalcitrant commission
ers have plagued Presidents before
Mr.. Roosevelt. Mr.. Coolidge de-
manded from tariff commissioners,
at least, undated designations before
their appointments. Rep. David j.
Lewis ID, Md, Wilson appointee,
left the commission in 1925 to pro-
test against such a demand upon
him.
Mr.. Roosevelt's more direct action
has been challenged by New Deal
critics on the ground that if COM
missioners could be removed, the in
dependent judgment of men on
numerous quasi judicial Federal
agencies could be sacrificed to any
President who undertook to impose
his will over theirs.
The court accepted that argument.
1t named the Tariff Commission,
the Court of Claims and the Inter
state commerce commission as egen-
cies which should be especially pro-
tected against outside influence.
Huey Long Measure
The Frazier-Lenke bill estab-
lished procedure whereby the own
er of mortgaged farm to avoid
foreclosure would appeal to the
courts and remain on his farm for
five years at a rental. At the end
of that period or before the mort
gagor could offer to buy his farm
at a new, lowered valuation and the
mortgage was compelled to sell.
The act reflected the philosophy Of
redistribution of wealth from debtor
to creditor pockets.
1t was not New Deal measure.
Senator Huey P. Long Cd, Lao,
jammed is through the last hours, of
the seventy third Congress. It's two
sponsors are North Dakota Pro-
gressive Republicans. Mr.. Roosevelt
signed The bill, but with a protest.