Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-06-12
LICENSING PRONSO.
NOW LABOR'S GOAL !
A. F. Of L. Works for Bill to
Control Conditions Despite
N. RIA. Ruling.
ny DAVID LAWRENCE.

lU At WOIA OLA ~ kAAA WAA@S@N E~Nf~~~~~
70 put all companies engaged in inter-
state commerce, or handling goods
destined for such commerce, under
Federal license.
All companies operating under such
n license would be exempted from the
operations Of the antitrust laws, and
all companies which obtain such q
license must agree in advance to the
hours OF labor and working conditions
set forth by q Federal licensing COM
mission.
- As vet nobody has been selected to
snonsor the measure in Congress, but
when its drafting Is completed the
A. F. of L. may be expected to give
the proposal its full support.
Aware OF the constitutional dim
culties, the A. F. Of L. attorneys have
drafted and re-drafted various sug-
gestions looking toward Federal L.
eensing.
Draft Being Studied.
Zone draft of such a bill which is
being circulated for study gives an
ieea of the broad purposes sought by
those who believe In Federal licensing
to achieve labor standards. 1t pro-
vides: es
"On and after 90 days from the
date of the enactment Of this act it
shall be unlawful for any person to
engage directly or indirectly in inter-
state commerce without first having
obtained q license therefor from the
Federal Licensing Commission, here
matter created and established.
1.-THE commission, subject to the
provisions and limitations OF this act,
shall control and regulate interstate
commerce through the issuance OF q
Federal license to those engaged in
the production, processing, manufac-
turing, handling or receiving OF goods,
articles, or commodities entering into
interstate commerce.
mo license shall be issued under this
act to any person unless said person
shall agree as a condition precedent
to the issuance and receipt and con-
tinuance In force Of such license that
kuch person will not transmit through
The mails, or transport. handle or re-
ceive in interstate commerce any goods,
articles or commodities In the actual
production Of which any worker en-
ployed directly in such production was
Permitted to work more than five days
IN any one week or six hours in any
one day, except that upon submission
of satisfactory proof Of the existence
Of special conditions making 1t neces-
gary for such workers to work more
time than herein provided, the COM
mission. after investigation, may issue
an exemption permit with respect to
Such workers for such periods OF time
as the commission may prescribe: PRO-
Eded that the commission shall set
forth its findings with respect to the
necessity of issuing such permit, and
ouch findings shall be open to public
Inspection.
= Wage Clauses. -
mo license shall be issued under this
act to any person unless said person
shall agree as a condition precedent
10 the Issuance and receipt. and con-
Ainuance in force Of such license
That such person will not transmit
Through the mails, handle or receive
In interstate commerce any goods,
articles or commodities produced, pro-
eessed or manufactured by workers
who did not receive for their labor o
lust and reasonable weekly wage SUI
Iciert to permit such workers to main
Sain standards of living Of decency and
Comfort.
1.-THE commission Is hereby au-
Ahorized and directed to make such
bindings as to minimum weekly wages
rs will enable workers to maintain
decent standards Of living. and such
findings shall be final and conclusive
In all holders of and applicants for o
license"
The foregoing bill would exempt ag-
ricultural or farm products processed
for first sale by original producers,
banks, newspapers, magazines and
radio broadcaSting stations. This Is
designed to cut down the opposition
to the measure IN Congress.
It is not clear how the labor at
torneys justify the constitutionality Of
this or any similar bill. Clearly Con-
sress cannot do by indirection that
which the Supreme Court has ex-
plicttly said is forbidden under the
Constitution. To set up q Federal
commission and to empower 1t to
regulate interstate commence by the
device of issuing licenses would be an
unwsrranted delegation Of legislative
power, anyway, even If the line be-
tween interstate and interstate COM
merce were not difficult to draw.
Decision Plainly Adverse.
The Supreme Court in the N. r. A.
decision said plainly there was no
Federal power to regulate wages and
hours or employment conditions for
businesses not engaged in interstate
commerce and, as for those actually
engaged In such commerce, it also has
laid down the rule that mining or
production or processing is not inter-
state commerce just because goods so
handled ultimately find their way into
interstate trade.
The rumorS around Washington are
that the labor groups are planning
an omnibus bill which shall accom-
plish for them all that Is set forth In
the Wagner bill and the collective
bargaining provisions Of the N. r. A.,
md that the omnibus bill is to be
based wholly on the theory Of Federal
licenses for business.
It Is doubtful whether such meas
gre would succeed in getting through
Congress without Mr.. Roosevelt's
help. The licensing idea is one of q
number placed on the Presidents
desk since the Supreme Courts de-
oision on the Schechter case. 1t Is
significant Of the line of reasoning
being adopted toward the Supreme
Court by the labor elements who are
determined to find some way to cir