Evening star., 1935-11-15
Cufey Act Upheld.

The Guffey coal act, setting up code
of operation for bituminous mining and
giving the established commission the
power to control wages and to fix prices,
has been held constitutional by Judge
Elwood Hamilton in the Federal District
Court in Louisville. His opinion, II sus-
tanned by the higher courts. is far-reach-
ing. 1t establishes a theery Of govern
ment under which there seems no limit
upon the Federal authority. For Judge
Hamilton asserts that Congress has the
power 10 regulate wages and prices in
any industry which IL may regard as
bearing on interstate commerce. The
courts, Judge Hamilton says, may not
review such conclusion II the facts
support it.
In his opinion Judge. Hamilton lays
particular stress upon the general well
fare" clause Of the Constitution. Gen
eral welfare" appears both in the pre-
amble of the Constitution and in Section
s of Article l. In the preamble the Con-
stitution is declared to be ordained and
established to promote the general wei
fare" with other things. In Section OF
Article Congress is given the power to
levy and collect taxes to pay the debts
and provide for the common defense
and general welfare of the United
States" The Supreme Court OF the
United States has not yet defined the
limits to which the Congress may go in
legislating under this language. There
are indications that the Roosevelt ad-
ministration plans to lay great stress
on the so-called general welfare" clause
of the Constitution in its defense here
after of the New Deal acts that have
been attacked in the courts. The opinion
of Judge Hamilton dealing with the
Guffey coal act is not only in line with
the contention that the Federal Govern
ment may go far under this clause, but
also should give the administration nope.
How the Supreme Court OF the united
States will look at the Guffey coal act,
when and if it reaches that tribunal, IS
another matter. In the light OF the
courts unanimous decision last Spring
that the N. R. A, with its codes, Is un-
constitutional, it has seemed improbable
that it would uphold the Guffey coal act.
1t may be that the mining OF bitumlnous
coal may recommend itself to the court
as of greater public interest than the
slaughter of chickens which was involved
in the Shechter N. R. A. case. and that
it affects interstate commerce to a
greater degree. Sooner or later decision
must be made as to whether or not the
powers granted to Congress to regulate
interstate commerce are confined to
what actually occurs in interstate COM
merce. If not, then as every activity OF
the people or group of people may be
considered to have some degree OF in
fluence on interstate commerce there
seems no limit whatever to the power OF
Congress to control those activities.
Judge Hamilton points to coal mining
dS d SIN 1IlOUStly, "leiA N]ASAAA
ployment and with frequent conflicts
between operator and miner. The States,
he contends, cannot regulate this indus
try by legislation. What States cannot
do to aid in the general welfare the
Federal Government should not be pre-
cluded from doing. 1t may be suggested
in this connection, however, that other
industries in this country have been
sick and have produced strife between
labor and capital. The country has seen
great textile strikes, for example, and
strife and bitter fighting in the garment
making industry and on the part Of the
Iongshoremen. The great question
which must be determined eventually Is
whether the Federal Government is to
step in to control all such activities or
whether there are to be limits of control.
The Federal regulation of one industry
on the theory that such regulation pro-
notes the general welfare and that the
industry has a bearing on or affects
interstate commerce will certainly be
followed by the demand for Government
regulation of other industries.