The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-02
ruEspAY. APRIL ! lsis
WHY THE EMISSIONS?
ID tCRIrPs-HOWARD NEWaPAPTR


w a Jam with the law these days, II shows
a disposition 70 run. That is not Ike the once
courageous administration. but that IS the
recent record. On the same day 1t deliberately
evaded two court tests Of its actions One was
the strachey civil liberties case. The other
was the Belcher NRA case.
In the first case It had arrested a promi-
nent British visitor to this country. The gov
eminent charge vas a serious one. MI.
sfrachev vas accused OF advocating ths 7ver-
throw Of our government by force anc no
lence. and Of obtaining illegal entry into the
country by misrepresting that fact to the visa
authorities. He denied both charges. The gov
eminent then had the choice Of Withdrawing
the charges and clearing the victim OF It's
false arrest. or Of pressing the prosecution. 1t
did neither.
Apparently knowing that it would be de-
feated in a legal test. It merely delayed further
action until Mr.. Strachey sailed home on his
regular schedule. The net result IS that the
government has compounded its injustice to
Mr.. strachey by keeping the charge standing
and that il has convicted itself of something
akin to cowardice.
THE other case is much more important.
i Il involves not only the governments
honor. but the possible success or failure OF
NRA.
For nearly two years the Administration
has evaded court tests on this issue. OF course
Il could not succeed in keeping such cases out
Of the lower courts, but It did manage to post
None a Supreme Court decision on
q vital case. There was some justification lot
this in the beginning. It could be said that a
LEGAL test TO be fair should be delayed until
several months Of R cooperation had gwen
the courts a practical basis for decision.
Meanwhile. however. opponents Of the law
by successfully hammering away in the lower
courts we're undermining NRA. After the
honeymoon period more and more companies
openly dehed the law or quietly oiSooeyeo tHe
codes. This not only victimized labor; 1t also
penalized law-abiding employers who had 70
compete with the chiselers.
But a great many loyal employers hung on
and took their beating in unfair compettlon'
until the Supreme Court could provide reheI'
Either the Supreme Court would throw out the
law altogether and thus release them to COM
net. equally with the chiselers. or it would up
hold the law or suggest to Congress a rewrit-
ten law that could be upheld and enforced
For that long-delayed test the AdminiStra-
ton chose the Belcher lumber case, covering
virtually all Of the constitutional questions
which could be raised against NRA. But after
months OF legal preparation, the Administra-
tion last week suddenly weakened and yester-
dav had that case withdrawn from the Su-
rreme Court. Whatever the intention Of the
administration. the actual result is to encour-
ace widespread defiance Of NRAa as unconstitu-
tional.
EVEN that would be a moral rather than a
L practical defeat if only the present law
explrinr in 10 weeks. we're involved. But the
new law. now being written to run two more
years. is equally at stake. Without a Supreme
Court decision soon on the expiring law the
new law can be nothing more than another
shot IN the dark. Its enforcement will rest
chiefly on bluff. And bluff simply will not
work with the large number Of companies
which have already proved that they can
ignore the NRA and get away with it.
Yesterday. the National Association Of
Manufacturers and the American Liberty
League renewed their demands for a prompt
and fair Supreme Court test. Although we
seldom find ourselves in agreement with those
organizations on economic issues. We think in
this case they are defending the right Of every
employer. worker. and consumer in America
70 know promptly whether the R has legal
basis or merely ballyhoo behind It.
We believe in NRA and its continuance.
With an its admitted faults. We think It can
be made better than the alternatives rigid
hours-and-wages law. or relapse into the de-
structive chaos which caused the depression.
We believe the Supreme Court. If given a
chance. will follow its precedent in the oil case
and suggest methods for Congress TO make the
new law enforceable.
Without such ar enforceable law. backed
BY all Of the authority Of the Supreme Court.
We fear the Administration will not have a
hghting chance to rally the army Of NRA
deserters.