, 1935-06-03
WASHINGTON
BY RAY Tucker

Hurt-The falling NRA Skyrocket
was not the high and devastating
light TO Roosevelt insiders. The
sharp. two-way curtailment OF
residential power belatedly dis
covered to lie In the Humphreys
and NRA decisions was what took
their breath away.
In the Humphreys cas- the court
declared that a president cannot
fire a member OF an independent,
quasi judicial agency like the Fed
eral Trade Commission out Of pre-
iudice for the officials politics o
hair. In the NRA matter the court
warned Congress that II cannot
grant unrestricted authority TO the
man in the White House because 1t
likes his politics and smile. II raised
government from the realm OF per-
sonalitieS TO that Of principles.
IL may not be difficult TO patch
up a new NRA or enact a farm
mortgage bill that will stick. But
these thruStS NJ the presidential
office touch the fundamentals OF
government. With Mr.. Roosevelt
needing broad authority TO regear
the New Deal. they hurt. They
deride suggestions that a president
could assume dictatorial powers in
normal OF emergency times. Maybe
the cautious jurists had one eve or
events acroSs the waterl
Barred - The Richbergs and
Frankfurters and Johns0ns are too
busy for the moment 70 worry over
implications. They are squirting and
gulping at the courts novel defini-
ton OF what constitutes interstate
commerce They have about con-
Guided that dictum makes IL i'm
possible to regulate business and
industry from washington.
The court says that hours and
wages cannot be supervised by Uncle
sam simply because the workers or
farmers products TOY across state
lines to the home or stomach. When
a New Jersey chicken struts In its
| coop in a New York market. II Is
an 'intra-State" bird. When wheat
raised in Kansas suns becomes
bread In San Francisco fog. II Is a
hometown product. Coal dug near
| Scranton 10 feed furnaces in wintry
| Boston has no federal friends or
/ contacts.
The bright dreams OF the Tug
wellians fade in their faces under
such a new and limited interpreta-
ton. The social and economic PLAN
ring which underlies almost all New
Deal eXperimentS-thoSe past ana
pending-appearS to be barred. This
| dilemma has driven administration
lawyers TO distraction. The Becks,
Bakers. Davises. RitchieS, etc say.
We told you sol"
Ungrasped- The silence may be
only the prelude to the storm. Pres
\ dent Roosevelt and his aides OBJ
served all the proprieties in with
holding formal comment. But the
New Dealers found ways 70 reveal
their attitude and their eXpecta-
/ tons.
Secretary Early vas permitted TO
announce that kilograms TO the
White House showed a score OF nine
tO one against the court. Mr.. RoOSe-
welt said his greatest desire was 70
ascertain the public reaction. His
/ statement sounded like an Invita-
ton. III II the administrations un-
uttered hope that the people will
| pass Judgment themselves. A deci-
~Sion-drunk congress exhibits some
soreness. II may break out in defi-
ant passage OF pending bills held
bv some awyer-legislators 70 be
unconstitutional in the light OF the
courts philosophy.
New Dealers believe the people 40
rot yet grasp the full meaning OF
The courts dictum. The brain trust
els" read into them a solemn judg-
ment that social planning cannot
20 beyond distribution OF booklets
en- the care Of infants. They think
the taxpayers want more for their
money than that
Killing - Administration lawyers
won't admit it publicly. but they
ooncede o that their legal strategy
was faulty. Early In the Roosevelt
revolution one group Of lawyers
suggested that the New Deal eX-
periments be rushed TO a dpreme
court decision. Another coterie urged
| delay. and they had the upper Land.
The hurry-up boys argued that
the court might be reluctant 70
threw away Roosevelt medicine II
Tho patient we're still desperately
III. They also felt the iuristS would
take cognizance OF the popular APP
rroval Of MIRA that was evident IN
itS first stages. But the other group
fought for delay. IL was their idea
that the court would approve the
| NRA II that contribution could be
| shown TO have produced recovery.
That explains the legal jockeying
for position. The Belcher case was
/ ready for hearing a year ago, but
the attorney general withdrew II.
Then Lawyer RichberE brought
forth the Schecter case. He thought
u furnished the government the
best chance for victory. But he made