Evening star., 1935-06-02
Real Meaning and Effect of the
Supreme Courts Decision on n. X. A.

on its part. The Constitution does not
give the court this right. 1t was denied
that authority in the constitutional
convention and usurped the power
under John Marshall years later. Con-
gress can take away that power by
ajority vote If it desires"
Acceptance Of that line of argument
could lead to a new battle against the
Supreme Court
President Roosevelt apparently does
not favor any such approach to the
problem confronting him. His atti-
tude toward the Supreme Court really
was expressed in parable he used at
a time when justices of the court held
another piece of New Deal legislation
unconstitutional.
He told newspaper men that the
resulting situation reminded him of
an incident in village in upper New
York State. There was bad railroad
crossing at the edge of the village and
people were being killed. Under the
village law the right TO employ
constable was questionable, but
group of officials decided that protec-
ton was needed to save lives They
voted for a constable and light to
be installed at the crossing.
With this protection, accidents
ended. But about year and half
later the constable arrested an auto
mobile driver who failed to stop for
the red light. The driver took his case
to court and the judge ruled that the
village had acted illegally when 1t
provided protection at the railroad
crossing
After that decision the village coun-
Gil legislated in the light of the deci-
sion, making the changes suggested by
the court. While the earlier protec-
ton had been illegal. it did serve, dur
ing year and half, to save lives.
Mr.. Roosevelt looks at the New Deal
in much that same way. In some
formity with the letter of the Consti-
tuition as interpreted by the Supreme
Court. But once the court attitude
is made clear. then Congress can
legislate to conform to its require
ments. In the meantime, the laws
are saving economic lives.
X X
President Roosevelt is exploring
the avenues of approach to a system
Of industrial codes that will avoid the
difficulties raised by the NJ R. A. de-
ciSion. Those codes will need to fit
within the strict limits both on the
power of the President and on the
power of the Federal Government to
deal with any industry except that
directly engaged in interstate COM
merce.
Once he solves that problem-if
possible of solution-then there will
rise problems of labor relations in
industry. Employers might agree it
would be q good thing for them to
avoid antitrust laws, but whether
they would agree to give labor the
rights it demands is another, and un-
certain, question.
Also, the agricultural adjustment
act, the Bankhead cotton control act
and series Of New Deal measures
all are in uncertain legal standing.
Court tests of processing taxes and of
taxes designed to control marketing
OF commodities are moving through
the court mill. They will be argued
before the Supreme Court next Fall.
Until that time the President will
have breathing space to formulate
plans to meet any eventuality.
But the powers of Mr.. Roosevelt
and those Of Congress now are limited.
The President will need to move
within narrower legal boundaries.
(Copyright, 1881