The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-12-13
ADMINISTRATION
WAITS OUTCOME
OF LEGAL MOVE
Hopes Cummings Utility
Case Plea viii Stop
Anti New Dealers.
BY HARRISON SALISBURY
United Press Staff Correspondent

WASHINGTON, Dec. 13.-Out-
come of new departure in legal
technique, devised in the face of
wholesale New Deal court tests, was
awaited anXiously today by Admin
istration attorneys.
They hoped that in the eloquent
utility case plea to District Supreme
Court Justice Jennings Bailey made
by Atty Gen. Homer S. Cummings
an effective means had been found
Of meeting the anti-NeW Deal &C
tons.
Mr.. Cummings asked the court to
stay action IN seven test cases
brought here against the Public
Utility Holding Companies Act.
This, he said, would allow the gov
eminent to concentrate on a single
test case to be rushed to the Su-
preme Court.
Action Is Significant
The action was regarded as Of
wide significance, especially as Mr..
Cummings refused a court sugges-
ton that a compromise be at
tempted.
With hundreds Of actions against
New Deal measures already filed
and new suits being brought daily,
the governments legal resources
have been burdened heavily.
Mr., Cummings said it was not
physically possible for the Justice
Department to prepare proper an
sWers to all the utility actions which
had been filed.
He cited the terrific burden under
which the department had been. He
mentioned the collapse of Solicitor
General Stanley Reed while argu-
ing Bankhead test case before the
Supreme Court this week, attribut-
ing the breakdown to overWork.
Asks Action BE Stayed
With this background, Mr.. Cum
mlngs asked that the court stay &C
ton IN the seven cases in order to
allow the government to concentrate
on a case filed in New York Federal
Court against Electric Bond and
Share.
This case would be rushed through
District Court and direct to the
United States Supreme Court in an
effort to get final test of the law.
Such fast action, however, was
believed possible only if the govern
ment is able to concentrate on the
single case.
The New Deals apparent desire
to rush the act to the Supreme
Court has brought an almost com
plete departure in legal tactics.
Mr.. Cummings appearance in
District Supreme Court was unprec-
edented.
Appeared in Gold Clause Case
Since assuming the attorney gen.
eralShip, Mr.. Cummings had ap-
peared only once before in court
before the Supreme Court during
argument of the gold clause cases.
In addition, attorneys general al
most never appear in cases before
Federal district courts.
All along the line the New Deal
has adopted new strategy in defense
of the Utility Act. Ace government
attorneys have been detached from
other departments to bolster the Sc
curities and Exchange Commission
staff
Robert Jackson, internal Revenue
Bureau counsel in charge of the An
drew Mellon tax case; James M. Fly
counsel for the Tennessee Valley
Authority; Ben Cohen and Thomas
Corcoran, youthful brain trust
stars and principal authors of the
act, among others, have been
drafted.
Whereas in earlier New Deal court
fights the government allowed its
opponents to take the initiative, the
SEC brought the Electric Bond and
Share case.
In contrast, the government
previously allowed court tests of
New Deal laws to drag along with
no great attention through the
tOrtuouS path of the courts.