, 1935-06-07
WASHINGTON
BY Raw Tucker

NHhChcu DOl eApCCl hQy Mhd
rush to make good the presidents
call for a streamlined constitution
TO replace the horse and buggy We
hicle. The White House Is distressed
az the adverse reaction TO its APP
peal. Nobody Is yet marching on
Washington. The official clipping
bureau sends over a batch Of bad
news daily. Soto voce comment on
Capitol Hill Is bitter.
Such diverse advisers as Attorney
General Cummings and Young
Bob" LaFollette counsel caution.
They argue against precipitate pres
entation Of stopgap legislation or
o constitutional amendment. Cloak
room polls convince presidential
scouts that the present senate would
refuse to submit any kind OF amend
ment to the states. Capitalization
OF the a~nti-court issue would block
enactment Of the presidents pend
ing program. Congress would NE
upon II for its filibustering posi-
bilities.
Political lines have cracked COM
pletely. foreboding 1886 dissolution.
Southern democrats r revolving
against the thought Of federal con-
troll. Even ~progressives are divided.
Candidate V~andenberg rejoices at
the prospect Of pitting home and
mother, the flag and the constitution
against the New Deal.
Strategy - Mr.. Roosevelt spoke
out against the NRA decision before
he planned to for fear some less ap-
pealing figure might lead the charge.
He has asked loyal democratic SEN
atorS to refrain from formal discus
sion on or off the floor. He thinks
the issue too momentous 10 be dis
cussed In a casual speech.
His aides have mapped a tentative
plan - subject to change. Of course.
Under II the president viii dramatic
the issue OF necessary federal control
In n carefully worded message to
congress. He will ask for a public
discussion around the cracker barrels
and town halls. II is the same STRAIT
egy he adopted TO generate popular
pressure for the Social Security bill.
That method is meant TO keep
alive the issue through the next con-
gress and the campaign. II re
elected. the president win regard II
as a mandate for his philosophy. He
will apply heat" TO congress. leav-
irg 1t 10 the people to influence leg
iSlatures. Long-headed politicians
concur in this slow-motion program.
So do those who think the Constitu-
ton ought not 10 be changed In flut-
terry. Iittery style.
Slated UnoStentatiously the
president presses hts charge against
the court. His first act after the
NRA SmaSh-up was 10 notify senate
leaders that he wanted passage OF
the Guffy bill for naturalization Of
the coal industry. II was off the
must list until Chief Justice
Hughes put II on.
MeSSrS. Guffey and Wagner are
~revf61ping the measure 10 meet the
courts objections. They are writ
ing a specific code into II and dele
eating definite power TO a specific
agency. They are eliminating intra-
state mines from its jurisdiction
These consist Of captive mines
whose product goes TO a nearby fac
tory. They make up about 10 per
cent Of the industry.
Andrew w. Mellon has quietly en-
tered the struggle. perhaps taking
his ~ from his erStWhile boss. Her
bert Hoover. Some Of Mr.. MELONS
coal operators originally favored the
bill. Within the last few days they
have turned against II. They dread
most It's companion bill - the Wag-
ner Labor Disputes measure, which
II also slated for passage TO stave
off the threatened soft coal strike.
Rebuttal These measures SYM
boliZe legislative defiance Of the
court. Some lawver-senators con-
tend that they cannot be cleaned up
into constitutional shape. But their
hackers reply: Never mind that.
let's send them right up TO the SUI
preme court. Then we will get a le-
gal as well as a political test"
The nine juristS will hear some
sharp criticism and ioShing when the
CT y bill comes up for debate. Ex-
Judge Wagner will read decisions
In which the court held that coal
mining was subject TO federal regu-
lation because OF its interstate char
acter. Sympathetic senators will
elaborate the presidents thrust that
the court feels kindlier toward pro-
perty rights than ID does toward hui
man needs. Mr.. Wagner will quote
Mr.. Hughes opinion in the Appala-
chan coal CASE
When industry Is ~grievouSly hurt.
when producing concerns fail. when
unemployment mounts and COM
munities dependent upon profitable
production are Frustrated. the wells
Of commerce 60 dry"
Crisis = Some democratic legal
lists advance a logical theory TO ex-