Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-07-18
THE POLITICAL
MILL
By C. Could Lincoln.

| rejoicing over the decision Of the Fed
eral Circuit Court of Appeals in Boston
declaring the processing tax OF the A.
A. A. unconstitutional. Don't make any
| mistake about that. The textile bust
| ness has not been so good. These
people have come to the conclusion that
the processing tax is great contributing
factor. They have no use for the Sec
rotary Of Agriculture, who in q speech
at Bowdoin College last year declared
| that the processing tax had nothing to
do with the mill troubles; that the third
and fourth generation Of the founders
OF the New England mills were "habby'
and lacked Initiative and CUTS"
| 1t looks as though President Roose-
welt may have been right when in his
| own celebrated press conference few
days after the Supreme Court OF the
United States declared the N. r. A. and
its codes unconstitutional he said that
under the courts Interpretation of the
| Constitution and the interstate COM
merce clause the New Deal laws re-
lating to agriculture and a lot Of other
things would be banned. The Circuit
| Court of Appeals has challenged the
| A. A. A. on grounds entirely similar to
those on which the Supreme Court held
the recovery act unconstitutional. 1t
is the general opinion here that the
highest court will decide the same way
in the A. A. A. case when it comes to
| 1t next Fall.
The Boston Globe, regarded as an
independent Democratic newspaper,
commented editorially on the decision Of
the Circuit Court of Appeals. saying:
THE agricultural adjustment act will
| go the way of the N. r. A, If the JUS
tices in Washington support the deci-
sion handed down here yesterday by
the Federal Circuit Court of Appeals in
the suit brought by ex-United States
Senator William M. Butler, as receiver
of the Hoosac Mills, to escape payment
OF processing taxes under the A. A. A.
THE Circuit Court of Appeals di-
vided along party lines in the A. A. A.
decision, two Republicans forming the
majority and one Democrat dissenting.
Yet the caliber of the court is such
| that its decision carries great weight.
OF the judges in the majority, one has
served as chief justice of the Maine
Supreme Court and the other was
member Of the last New Hampshire Con-
stitutional Convention. And the mi
nority, Judge Bingham, himself a former
member of the highest tribunal in the
Granite State, failed to make public his
dissenting opinion.
In the light Of the Supreme Courts
unanimous decision in the N. r. A. case
it is difficult to believe that it will over
turn the Circuit Court of Appeals on the
| processing tax. This decision comes
on the heels of an opinion, handed
down by the Federal Circuit Court in
Ohio, that the Federal housing act is
invalid The New Deal faces a gloomy
prospect before Americas highest
tribunal next Winter"
The New Dealers may suggest that,
after all. the attack on the A. A. A. is
merely black Republican trick. The
case now decided against the Roosevelt
| administration was brought by William
| M. Butler former Republican National
/ Committee chairman, great friend of
the late President Calvin Coolidge, and
at one time Senator from Massachusetts,.
| Mr.. Butler happens to have been
mill man with large interests In New
Bedford and other places before he
became prominent politically. He has
retained his mill interests Also as
pointed out in the Globe editorial, the
Circuit Court of Appeals divided along
political lines, with two Republicans de-
Gliding against the A. A. A and the sole
Democrat dissenting. However, the
Supreme Court, when it handed down
its decision in the NJ R. A. case was
unanimous. And no one will suggest
that Justice Brandeis, Justice Cardozo
and Justice McReynolds, for example,
are Republicans, or ever have been. Also
there have been some $50 other court
attacks on the processing tax in various
parts Of the country and they are by
no means all brought by Republicans.
It just happens that the case brought
by Mr.. Butler is likely to be the first
to reach the Supreme Court.
If the President is looking for an
issue in the coming campaign over the
constitutionality Of the New Deal, 1t is
likely he can have it without much
trouble. All he has to do is come for
ward with proposal that the Consti-
tuition be amended so as to legalize the
New Deal acts and to give the Federal
Government the right and power to go
into economic and social problems which
hitherto have been reserved to the States.
Should the President determine upon
making such an issue a party affair,
it is likely to divide the Democratic
are lot of Democrats in the South as
well as in the North who will hesitate
to 60 along with him on such an issue.
The Presidents recent demand that the
Congress pass the Guffey bill, even If 1t
has a reasonable doubt as to its con-
stitutionality, has given impetus to the
belief that he is planning to make bid
for constitutional amendment. The
Republicans would welcome the issue.
There Is a youthful Republican up
here in Massachusetts, by the name of
Henry Cabot Lodge who is making a
name for himself in politics and who
may a few years hence make a real
challenge to Democratic supremacy in
the Bay State. He is a grandson of
the late Senator Henry Cabot Lodge,
for so many years power in the G. o.
P. and strong and dominant figure
in the Massachusetts, politics. Young
| Lodge is now a member of the
State House of Representatives. He
has made an excellent record for
himself in that body. He is chairman
| of the Legislative Committee on Labor.
In the last few days he has been ten
dered the Republican nomination for
the State Senate to fill a vacancy ere
ated by the death of Senator Albert
Pierce last month. by the Salem Re-
| publican Civic Committee. A special