The Washington times., 1935-11-09
ACT RULING
HELD ANOTHER BLOW
At u. 5. CONTROL
By LEWIS HANEY
professor of Economics, New York University

Although Supreme decision the ruling by Fed
era Judge Coleman in the Baltimore utilities almost as
important the Schechter concerning NRA.
This utilities argued by outstanding attorneys on
both Sides The decision well reasoned and cogent that
its sweeping character will be effective 1t at the py
Geological moment and will influence public opinion as we'll
strengthen the and resistance of the utility COM
panies with their many small investors
The whole sensible American public will rally behind it. They
will rub their eyes and say Tha utilities death sentence may
be just bad dream"
Briefly the decision is that the New Dealers exceeded their
power under the Constitution The Public Utilities Act held
to be Unconstitutional in its entirety
The specific given that the act N violates the
prohibition of the Constitution against Federal Government
control State business 2 it abuses the power of the
Government the postal service @ it violates the
prohibition against taking property without due legal
process.
Probably the interesting part of the ruling that
cernng postal power The New Deal politicians their eff
fort to seize control of the nations business have turned to the
Governments the mails and taxation The Schecher
showed them that they could not abuse the interstate
clause but there was some fear that they might
get away with their scheme enforce their acts by shutting
businesses which did obey them of the post office or
by taxing them to death
Judge Colemans very sound decision is that Mr. Fareys
Postoce Department exists for the purpose of carrying the
mails and rendering general service for all citizens 1t has
right to impose sentence of solitary confinement for life
any group of 1t refuse to deliver
immoral fraudulent matter, but the swinder may
write home to his wife!
think the reasoning will clearly apply to the attempt
to the power Therefore the Guffy coal b and per-
haps the security" laws will be ruled out.
The New Dealers have got control of government but
fortunately government made sufficiently fool proof
to keep them from running away with it!
One point should that in Congress is not
responsible for this law The judge rightly says that "Con
gress by its enactment has fagrany exceeded its lawful
power But you and know who drafted this law We
who initiated the idea We know who forced through
unwilling Congress with whip and spur. We know who said
"must."
Of Congress should have resisted But when
virtual dictator has billions of funds pass around for buying
votes and thousands of bureaucratic jobs award what
we expect of the average Congressman?
The practical effects of the trend shown by this decision
will be great.
indicates the probable overthrow the Guey coal meas
ure the AAA processing taxes and least parts of the
social security" bill.
1t greatly strengthens confidence maintenance of the
Constitution, and the rights gives the States and nd-
viduals.
shows that under government the New politicians
can't run our business by direct control.
Probably it will give more confidence to utitv companies
and encourage them to make needed improvements in
plant.
Probably it will eventually help business and further the
current tendency to initiation in the stock market
suspect that they blocked attempts to seize control bv
violating the Constitution the New Dealers will resort more
and more to initiation and vote buying by borrowing and
spending. ~
Unfortunately there Constitutional prohibition against
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