Evening star., 1935-05-28
POULTRY CONCERN
TEST SUCCESSFUL
High Tribunal Declares
President Lacks Power
to Dictate Codes.
Continued From Sixth Page.)

such as the number of employees,
rents, Advertising. methods of doing
business, etc. All the processes Of pro-
duction and distribution that enter
into cost could likewise be controlled.
If the cost Of doing in intrastate
business is in itself the permitted
object of Federal control. the extent
of the regulation of cost would be a
power.
The Government also makS the
point that efforts 70 enact Stat: legis-
lation establishing high labor stand
ards have been impedeo by the belief
that unless similar action is taken
generally, commerce viii be diverted
from the States adopting such stand
ards, and that this fear of diversion
has led to demands for Federal legis-
lation on the subject of wages and
hours The apparent implication is
that the Federal authority under the
commerce clause should be deemed to
extend to the establishment of rules
to govern wages and hours in intra-
state trade and industry generally
throughout the country, thus over
riding the authority of the States to
deal with domestic problems arising
from labor conditions in their internal
commerce.
Ec0nom mic AdvisabiIity
Not in Courts Province
1t is not the province of the court
to consider the economic advantages
or disadvantages of such a centralized
system. 1t is sufficient to say that
the Federal Constitution does not pro-
vide for it. Our growth and develop
ment have called for wide use OF the
commerce power of the Federal Gov
ernment in its control over the ex-
panded activities of interstate COM
merce. and in protecting that COM
merca from burdens, interfel enceS,
I'D conspiracies 70 restrain ana mon
opoliZe it. But the authority OF the
Federal Government may not be
pushed to such an extreme as to de-
stroy the distinction. which the COM
merce clause itself establishes be-
tween commerce among the several
States" and the internal concerns
OF State. The same answer must
be made to the contention unat is
based upon the serious economic sit
uatior which led u yhe passage of the
recovery act-the fall in prices, the
decline in wages and employment
and the curtailment of the market for
commodities. Stress is laid upon the
great importance of maintaining wage
distributions which would prov de the
necessary stimulus in starting the
cumulative forces making for expand
ing commercial activity" Without
in any way disparaging this motive,
it is enough to say that the re ,upera-
tive efforts of The Federal Govern
ment must be made in manner con-
sistent with the authority granted by
the Constitution.
We are of the opinion that the at
tempt through the provisions of the
code to fix the hours and wages of
employees of defendants in their intra-
state business was not valid exercise
Of Federal power.
The other violations for which de-
PENDANTS were convicted related to
the making Of local sales. Ten counts,
for violation of the provision as to
straight killing" we're for permitting
customers to make selections of in
dividual chickens taken from particu-
lar coops and half Coops." Whether
or not this practice is good .or bad
for the local trade, its effect. il any,
upon interstate commerce was only
indirect. The same may be raid of
violations OF the rode by intrastate
transactions consisting Of the sale "of
an unfit chicken" ard of sales which
were not in accord with the ordi-
f1snces of the City of New York The
requirement of reports as to prices
and volumes of defends nts' sales was
incident to the effort to control their
1ntrastate business.
In view of these conclusions. we
find it unnecessary to discuss other
questions which have been raised as
TO the validity Of certain provisions
Of the code under the due process
clause of the f1ftn amendment
On both the grounds we have dis
cussed, the attempted delegation of
legislative power, and the attempted
regulation of intrastate transactions
which affect interstate commerce only
indirectly, we hold the code provisions
here in question to be invalid and
that the judgment Of conviction must
be reversed.
No. 854-reversed.
No. 864-affirmed.
a. l.. A. Schechter Poultry Corp
Schecter Live Poultry Market, Jo-
seph Schechter, Martin Schechter,
Alex Schechter and Aaron Schech-
ter Petitioners
e54 VS..
The United States of America.
The United States of America,
Petitioner,
s64 VS..
A. L. A. Schechter Poultry Corp.
Martin Schechter. Alex Schechter
and Aaron Schechter.
On Writs Of Certiorari to the United
-. States Circuit Court of Appeals
.. for the Second Circuit.
:. May 81, 1880
Mr.. Justice Cardozo, concurring.
Ths delegated power of legislation
which has found expression in this
code Is not canalized within banks
tlldO hCCP IL kLOul ONcIllOWlEE. II Is
unconfined and vagrant, if may bor-
row my own words in an earlier opio-
ion. Panama Refining Co. vs. Ryan.
so3 U. 3s8. 440.
This court has held that delegation
may be unlawful though the act to
be performed is definite and single, If
the necessity, time and occasion of
performance have been left in the end
70 the discretion of the delegate. Pan
ANA Refining Co. VS.. Ryan. supra.
thought that ruling went too far. I
pointed out in an opinion that there
had been mo grant to the Executive
Of any rowing commission to inquire
into evils and then. upon discovering
them, do anything he pleases." 293
u. S. tip. 435. Choice, though within
limits, had been given him ''as to the
occasion, but none whatever as to
the means" Ibid. Here, in the case
before us. Is an attempted delegation
not confined to any single act nor to
any class or group of acts identified