Evening star., 1935-03-01
NEW DEAL POWERS
FACING TEST AGAIN
U. 5. Lawyers to Argue Rail
Pension Case Before
Supreme Court.
~ the Associated Press.

~ the Associated Press.
Government lawyers prepared for
another important test of New Deal
powers today as the Capital specu-
lated on whether the Supreme Court
would or would not continue to uphold
Roosevelt policies by 5-4 margin.
The extent of Congress right to
regulate commerce will be argued be-
Tore the high tribunal next week in
the railroad retirement pension case.
Writers of much New Deal legisla-
tion, including the national recovery
act. sought to base it In whole or in
part on the constitutional clause en-
powering Congress to regulate inter-
state commerce. Opponents of some
Of the new laws insist CONGRESS ex-
ceeded the latitude granted by the
Constitution.
Pension Act Held Invalid.
The District Supreme Court has up
held the contention of major rail-
roads that the pension act is invalid,
because it applies to all employees, in
cluding those not directly engaged In
interstate commerce.
Solicitor General j. Crawford Biggs,
on the other hand, says he is conf
dent the Supreme Court will sustain
his theory that the act can cover all
employees, even though some may not
run train across State line.
Observers will scan the courts opin-
ion for a definition of the latitude of
the commerce clause which might be
indicative in the Weirton and other
N. r. A. cases. A Federal judge at
Wilmington, Del, held that the Weir
ton Steel Co. could not be compelled
to observe section Ia because it was
not engaged in interstate commerce.
A quick appeal to the Supreme
Court was promised yesterday by At
torney General Cummings in the
Weirton case. This move, he added,
Is to be part Of an effort to bring
order out of welter of conflicting
lower court decisions.
Measure Held Imperfect.
While the pension act was not
strictly a New Deal measure-Presi-
dent Roosevelt said it was imperfect
when he signed it a year ago-princi-
Piles involved follow the lines of New
Deal thought.
In addition to the recent gold case
rulings, the Supreme Court has di-
vided, to 4, on some State cases in
which New Deal motifs have been
apparent.
On January 8, 1884, the court sus-
tanned the Minnesota mortgage mora
toriun law. Two months later, the
same 5-4 division emerged as the
court upheld the right of New York
State to fix a minimum milk price.
On last May 20, however, the court
unanimously held invalid an Arkan-
sas emergency measure eXempting
from liability or seizure all money
received from insurance policies. The
conservative minority-Justices Van
Devanter, McReynolds, Sutherland
and Butler-held that if the five lib
erals had followed the same reason
ing In the Minnesota case, the mora
torium law would have been held in
valid.
The court also was unanimous re-
Gently in holding invalid section &c
of the N. RIA. under which the Gov
eminent was trying to control oil pro-
duction. It held this was an un-
warranted delegation of legislative
powers.
Lineup Dates Back to 1880.
The five-four lineup on the court
dates back to 1880, when Chief Justice
Hughes replaced William Howard Taft
and Justice Roberts replaced Edward
Terry Sanford.
Until then the conservatives had
held a majority, but Hughes and
Roberts changed the balance in sew
eral cases in favor of the liberals
Justices BrandeiS, Holmes and Stone.
When Justice Cardozo replaced
Holmes, the lineup remained the
same.
Commenting yesterday on the Weir
ton decision, Senator Wagner, Demo-
crat, Of New York, and Francis Biddle,
chairman Of the National Labor Re-
lationS Board, said it emphasized the
need for strengthening section IA by
creation Of a permanent administYa-
tive tribunal as proposed in Wagners
labor disputes bill.
In a formal statement Wagner said
the decision, while in line with many
early decisions of the United States
Supreme Court, seems at odds with
later decisions of our highest court