The Nome daily nugget., 1935-12-07

second issue, WnlCn lnVOlNeu tlle HOlueT of a federal gold certificate who claimed that he should be paid ac- cording to the terms of the gold oblga- tion or It's equivalent. In this case the court simply said that the plaintiff had not been able to show any actual dam ages, so the court of claims had no right to entertain the case in the first place.
 Much the same was the third issue, also up from the court of claims, in- volying the holder of a liberty bond who wanted his payment in gold. And here the court made q peculiar de- cision. It rather hinted that New Deal legislation was unconstitutional, but refused to do anything about it. The dictums of the court said: we hold that the joint resolution of June 5, 1888, so far as 1t attempted to over ride the obligation of the United States created by the bond In suit, Is invalid. It went beyond the constitu- tlonal authority of congress. But we hold that the action Is for breach of contract and that the plaintiff has failed to show cause of action for actual damages. Hence the court of claims could not entertain the suit"
 About the same time a Federal court in Louisville, Ky, denied that the PWA had the right to condemn land for slum clearance. A Cincinnati court did the same. Another court held the lumber codes of the NRA unconstitutional. In some states, state courts threw out state recovery acts which were designed to complement the national one.
 Labor Relations.
 Government power to regulate labor relations anywhere in the country, based on the constitutional statement that congress shall have power to "reg- ulate commerce with foreign nations and among the several states and with the Indian tribes" was discarded by Judge John Percy Yields in the Fed eral District court at Wilmington, Del, in Wierton Steel company case Another jolt for NRA.
 Another blow to NRA labor rela- tions was an injunction granted by Federal District Judge Charles Irwin Dawson at Louisville to 8 soft coal operators, relieving them from the rgOrs of NRA minimum wage require ments.
 Federal District Judge w. I. Grubb in Birmingham took a pot shot at the IVA when he declared that S1 OOO,OOO,- GOO experiment unconstitutional, claim ing that the federal government had no right to compete with private business in any state. This was, of course, di- rected at the "TVA yardstick." It was New Deal defeat which was turned into victory when Judge Grubbs decision was reversed by the Circuit Court of Appeals in New Or. leans.
 A shadow of the destruction that was to come to the AAA processing tax was cast when the Supreme court on March voided the plans of the New Deal for stabilization of the milk ln- dustry in New York.
 In May the Supreme court deliv- cred three death blows to the New Deal. One was the decision which voided the Railroad Retirement act.
 In another case the court put a fur ther crimp in President Roosevelt's power by denying him the right to re- move federal officer from office. The President had sought to remove Will liam F. Humphrey from the Federal Power commission.
 And Another Blow.
 The third blow, the one that left even Franklin b. Roosevelt speeches. (for a while) was the decision in the Schechter poultry case The decision was all the more crushing because it was unanimous. In delivering the courts opinion Chief Justice Hughes declared definitely that all of the code making provisions were an unconstitu- tional transfer of legislative powers