The Nespelem tribune. [volume] (Nespelem, Wash.) 1934-1936, 1935-01-30
Lawmaking Not
Presidents Right
U. S. Supreme Court Says Con.
gress Must Handle That Job;
Decide ''Hot Oil'' Case

Decide hot VII Ease
WASHINGTON, Jan. %. (Auto-
eastern Congress must do it's own
job of making laws. It cannot dele
gate that task to the president or to
anyone else. That is the net sub
stance of the decision of the SUI
preme court of the United States in
the "hot oil" case.
Eight of the nine justices agreed
that there was no legal authority
for executive control of "hot OIL"
The ninth, Justice Cardozo, agreed
with his colleagues on the principle
that the executive could not make
rules having the effect of law I'M
less congress prescribed the nature
of those rules and set limits upon.
executive power. Justice Cardozo,
however, held that congress had
granted sufficient authority to the
president in the matter of forbid
ding transportation across state
lines of oil produced in excess of
quotas set by the respective states.
This first setback to the author
ity of the president under the New
Deal was followed by the argument
over the reputation Of the gold
contract in the case of Liberty
bonds and bonds of private corpor-
ations. The adm i mis- t ration is
anxiously awaiting the supreme
courts decision, in view of ques-
tons from the bench by Chief JUS
tice Hughes, and several associate
justices, pointedly inquiring where
congress found authority for repu-
dating a contract.
The Gold Contracts
If the supreme court holds that
congress may not, under the con-
stitution, abrogate a contract wris-
ten into government bond, In
which payment in gold dollars "of
the present weight and fineness" is
specified, then every holder of a
$1,000 Librty bond is entitled to col
lect $1,000 in the present value of
dollars. The right of congress to
fix the value of money is not ques-
toned; but having deprecated the
gold dollar, can government then
compel holders of gold obligations
to accept less gold than their con-
tracts call for?
The supreme courts decision is
not expected for two or three weeks.
In the meantime, all sorts of
schemes to circumvent it, should it
uphold the sanctity of the govern
ment's bond contracts, are being
discussed at both ends. of Pennsyl-
vania avenue.
.> Back In Place
Whatever the decision in the gold
case, the courts positive stand on
the question of the right of con-
gress to delegate it's law-making
powers has stirred official Wash
ington as nothing else has since the
Inauguration Of President Roose-
welt. 1t has put the more radical
members of the administration on
warning that they must pay more
attention to the constitution and
not try to grab off too much power
for the executive; and it has served
notice on congress that it must do
it's own work and not merely pass
the buck to the president.
AS one poker playing senator put
it: cts still the New Deal, but it's
no longer Dealers Choice. If we're
going to play with deuces wild, we've
got to say so in the house rules"
The four billions which the presi-
dent asks for public works will
doubtless be granted by congress,
but with many more restrictions
upon how and for what it may be
spent than in the case of previous
blanket appropriations. It probably
won't be appropriated before March,
ind in any event won't be available
until July l, the beginning Of the
next fiscal year, so it's effects are
not likely to be noticeable much be-
fore aasxt fall.
Present Indications are that the
bill authorizing this expenditure
will be sort on modified CWA plan,
the chief difference being that real
work Of permanent value will os
required, and that wages will be
down close to the bare subsistence
level, instead of high enough to