Evening star., 1935-11-10
COURT DEFENDED
ONLABOR CHARGE
Charles Warren'S New Book
Holds Supreme Bench
Fair to Workers.
BY DAVID LAWRENCE.

For several years the American Fed
lenged as to the fairness Of its charge,
has adopted a resolution at its annual
convention-as it did again last month
Affirming its opposition to the power
Of the courts ito nullify the acts Of
the chosen representatives VI the peo-
pie" and renewing its efforts to secure
the adoption of an amendment to the
Federal Constitution designed to de-
prive the courts of that power.
But today Charles Warren. Demo-
crat, who held the position Of Assist
ant Attorney General under President
Wilson, and who is known as the
foremost historian in the country on
the activities of the Supreme Court
Of the United States, has published
notable book called Congress. the
Constitution and the Supreme Court"
in which he reveals that, far from
getting adverse treatment from the
highest court, organized labor has
come of with many more favorable
decisions
80-6 Score in Congress.
Mr.. Warren points out that, on laws
of Congress, the score has been about
80 to 6 in favor of labor, and that
in the case of State labor laws, the
Supreme Court has upheld go and de-
cided adversely in only 6.
THE representatives of organized
labor" says Mr.. Warren in his new
book. "have been particularly active
In opposition to the Supreme Courts
power to pass upon the validity Of acts
of Congress. The court has been fire.
quently denounced by them as preju-
diced against labor In its decisions.
And either through misapprehension
of the purport Of those decisions or
through lack of knowledge as to the
facts. the impression has been given
to labor that the proposal for a con-
stitutional amendment made by the
late Senator La Toilette would relieve
labor from decisions obnoxious to it
whereas the truth is that special labor
interests were concerned in very few
Of the cases in which the acts of Con-
gress have been held invalid.
There exists so much misunder-
standing as to what the Supreme
Court has actually decided in labor
cases that it is highly desirable that
complete statement should be made.
What are the actual facts as to the
courts record in cases specifically in
volving labor?
20 Decided Against Labor.
THE court has decided about 100
of such cases. OF these not more
than 20 were decided in a manner
which labor might term adverse to
its supposed interests. But of these
20, it should be particularly noted
that only involved the conStitu-
tionality of an act of Congress.
of the others, six involved ques-
tions of statutory construction under
the Sherman and Clayton and other
Federal laws; two involved no ques-
ton of statute. State or Federal, but
simply decided questions of general
law; six involved the constitutionality
of a State statute.
First, let labor note that, so far as
regards the six decisions constituting
the Sherman and Clayton or other
acts and the two merely deciding ques-
tions of general law. Congress may at
any time, by appropriate legislation,
alter the law as laid down by the
court.
Labor should. therefore. direct its
efforts toward Congress, rather than
on the court: for whenever labor can
persuade Congress that these eight de-
cisions were wrong. labor has it in its
own control to change them No
amendment to the Constitution taking
away the power of the court is neces-
! sary, and no such amendment would
/ have the slightest effect upon the
power of the court to render these
decisions
Analysis Is Exhaustive.
Mr.. Warren presents an exhaustive
/ analysis and review of cases in which
State labor laws have been upheld.
ITO these" he writes, Labor celdom
refers. There are least so of such
IdSCo, dIlu tllC anu
nature of many of the laws sustained
IS remarkable"
After presenting the different cases,
Mr.. Warren concludes:
In view of this record of steady
support of legislation in behalf of and
protection of labor. and rendered gen.
orally in cases in which the corpora
tions and employers contended that
! the statutes were invalid. it may fairly
be said that it is not only uncandid
and unfair to the public, but also
ridiculous for any one to state that
always these decisions of the court
are on the side of the wealthy and
powerful and against the poor and
weak"
The Warren book, coming as it does
in the midst of Nationwide discus
sion of constitutionalism and the Su-
/ preme Courts powers. will doubtless
play an important part in the debates
of the next IL months.