Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1935-06-06
SUPREME COURT SPEAKS
ITS VOICE UNANIMOUS
CAN NRA BE RESUSclTATED7
TWO YEARS OF ilLEGALlTY
FRAzIER-LEMkE ACT VOID
LAWS SOON TO EXPIRE
RoosEvELT's PROSPECTS
DEMOCRATS HAVE BIG EDGE

mine how far-reaching were the opin
ions handed down by the United
States Supreme Court on the NRA
the FrizierLemke act and the re-
moval OF William f.. Humphrey as
Federal Trade Commissioner. To say
that they astOunded the capital is
the fact. Confusion for a while fol.
lowed, with most of the chaos caused
by the MIRA opinion Not only were
government officials and employees
dazed but Congress, labor and bust
ness wondered where they were.
The fact that each of these decis-
ions was by the unanimous verdict
Of the court is fortunate. No fiveto-
four rulings would have definitely
d~elinerated the respective rights and
powers of Congress and the Chief
Executive or placed any effective
check upon future events. AS it is
one must recognize that the Court
has spoken the last word as to con
stitutionality, leaving to the public,
through its Legislative powers the
right to initiate new legislation that
might serve the nations needs.
ss
In the Schechter case the learned
judges held that Congress went too
far in delegating legislative power to
the President when it gave him the
right to sign and promulgate codes
and that its attempt to regulate In
terstate transactions which affect
interstate commerce only indirectly
was beyond the powers OF the Fed
eral government. Every reader I'M
derstands that the Court simply ap-
piled the United States Constitution,
which provides that Congress shall
legislate and limits its control to
commerce between citizens of differ
ent States, leaving to each common
wealth the regulation Of its own
commerce.
new enactments accomplish
what the invalid statute attempted |
makes the next step uncertain but
wise craftsmanship ought to be able
to evolve constitutional measures to
save what is good in MIRA, such as
the effort to eliminate sweatshops, |
abolish child labor and unfair COM
petitive practices and the establish
ment of fair standards Of wages and
hours of work. Perhaps the key is to
be found in legislation that, while
delegating certain powers to the ex-
e~cutive, will at the same time, lay |
down definite rules for his guidance |
and direction, thus avoiding the "un-
fettered discretion" that the Court
referred to. SO far as interstate com
merce is concerned we merely OBJ
serve that the Court has been, in the
past, exceedingly liberal defining this
phase as any one will observe by
reading the various cases involving
the activity Of peddlers and house to
house statesmen. |
While the decision will not take
effect for about ten days all enforce
ment of codes was suspended and
the MIRA set-up wondered what will
happen to the $500 employees and
the 757 codes, administered by code
authorities and business representa-
tives, not to mention some collateral
agencies. The future Of AAA, the
farmers relief measure, was also
thought to be involved and action
on amendments was suspended In
both houses until the matter could
be studied. Meanwhile, Gen. Hugh S.
Johnson, first MIRA administrator, re-
marking that he expected such a de-
cision, said that he thought it would
be possible to write a constitutional
act preserving the principles Of MIRA.
Going back a bit n should recall
that for two years MIRA has func-
toned, imposing codes and penalties.
For twenty-four months 1t has been
the law of the land, nevertheless
subject to the final decision OF the
Supreme Court, which was sought in
a case Involving the slaughter Of
chickens. Why should a law be per-
mitted to go into effect, to work
benefits on some and hardsh1ps on
others, and involve the entire popu-
lation, without its unconstitutionality
being asserted by the Court? This
reform. it seems, would not work
any great burden upon the justices,
who have what is virtually a second
veto upon legislation. The President
must veto any act within ten days
and there Is no reason in common
sense why the Supreme Court cannot
do likewise.
The decision of the court in hold
ing the Frazier-Lemke act invalid
was not very surprising In view OF
the fifth amendment which prohibits
the taking of private property for a
public use without just compensa-
ton. While everyone Is cognizant OF
the plight of farmers the fact that
the law, as passed, was limited In
effect to mortgages existing at the
time OF passage and no effort was
made to apply its provisions to fu- ,
ture mortgages, which would have
destroyed the farmers future mort
credit. Just what can and will
be done to afford the relief desired
and save farms from wholesale fore I,
Is q matter Of conjecture,
although the agricultural situation {
has improved considerably and the {
foreclosure fever Is not as hot as 1t
was. ]
The legislative situation has been s
eased somewhat by the Supreme
Court. The fight to renew MIRA be-