The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1935-03-15


Mr.. Hoover In 1881.
| Unless he regains control his entire
program is likely to bog down. The
fight hinges on the S4,SS0 0OO,O 900 work
relief program the first item in the
Presidents budget message and the
principal mainstay of his program. Sc
cret conferences at which slices of
pork were reported to have been dan
gled before the avid eyes of revolving
senators were said to have been held.
few supporters of the McCarran
prevailing wage amendment which
wrecked the bill and forced It's recon-
mission to the appropriations commit
tee were said to be wavering under
the pressure. Senator Robert F. Wag-
ner, who voted for the amendment, act
ed as peacemaker. He intimated the
possibility of compromise by paying
more than the so-called security wage
of $50 a month. but still lower than
the prevailing rates. Other leaders de-
clared they would not bulge from their
positions.
Secretary Ickes has been no help
to the President in quelling the re-
volt. In his recent testimony, Ickes was
reluctant to tell a senate committee
about ALLEGATION of S23S, 100000 for a
naval shipbuilding program. The SEN
ators finally pried out information
which would indicate that the navy
and the spectators knew all about the
appropriation, but none of the men,
bers of congress knew about It, The
money was to be spent at executive
discretion, and senators feel this does
not augur well for the proposal to
hand to Mr.. Roosevelt unlimited power
in spending the proposed five billion
dollar appropriation.
Since next year will bring another
Presidential election, third of the
senators will be up for reelection. and
all of the house members. They are
watching closely the present situation
because If the President Is slipping,
they want their own records back home
in good order.
THE Blue Eagle lost another tail
L feather the other day, when Fed
eral Judge Nields at Wilmington. Del,
held that the collective bargaining pro-
vision of MIRA is unconstitutional
when applied to companies not engaged
in interstate commerce. The admins
tration and organized labor immediate
ly Joined in fight to preserve the va
lidity of Section Ia, and announced
that an immediate appeal would be TAX
en- before the United States Supreme
court.
The Wagner labor relations bill MAX
ing Section IA the law of the land
and outlawing company unions may
have to be revised. If Judge Nields is
upheld by the high court. The ruling
also gives support to opposition now
forming in congress against extension
Of MIRA unless it is reorganized.
Judge Nields' ruling was on an in
junction suit. brought by the govern
ment against the Weirton Steel COM
pany to enjoin the steel firm from al
legged violations of Section IA of MIRA
and the. labor section of the fair COM
petition code of the iron and steel in
dustry. He upheld the right of en-
ployees to form company unions for
collective bargaining, thus upsetting
| the claim of the Amalgamated. Associ-
alton of Iron, Steel and Tin Workers,
| that the company inundated employ
ees and dominated the company union
The court held that the company is
primarily engaged in state, not inter-
state commerce. which congress Is not
empowered to regulate. Judge Nields
stated:
Power to enact Section Ia was not
conferred upon congress by the gen
eral welfare recital in the preamble
| of the Constitution. nor by the welfare
clause, Article 1, Section s, of the Con-
stitution."
Unless the Supreme court reverses
| Judge Nields, the decision will prevent
| the New Deal from interfering with
employee-employer relationships of a
vast majority of American business.
| New Deal policies received another
| jolt the same day when Judge Charles
L. Dawson on application of 35 west
! ern Kentucky coal operators issued a
writ enjOining the government from
| enforcing the bituminous coal code. re-
| affirming an earlier decision that the
national industrial recovery act was
unconstitutional. Judge Dawson de-
] clared that the coal mining is an in
| trastate business, and beyond the pow
er of congress to regulate.
He had previously issued a temper
| airy writ. on petition of the operators
on the ground of inyalidity of the code.
but the court of appeal remanded the
case for finding of fact on the ques-
ton of irreparable injury. when the
government unconstitutionally inter-
| feres with the right of citizen to do
business in his own way. that interior
ence constitutes an injury to the prop
erty rights of the citizen" said Judge
Dawson, who labeled as fallacious the
government lawyers contention that
gains resulting from the coal code
should offset losses.
THE United States and Great Brit
i ain remain unconvinced of Japan's
high purpose in China, although Eli
| Amau, foreign Office spokesman, de-
clared that Japan is not trying to per-
suade China to leave the league. and
| is not urging China to dismiss foreign
advisers. He also insisted that no at
| tempt is being made to force China
into an Asiatic bloc In return for
financial assistance. In Washington.
William Phelps. acting secretary OF
state, and Sir Ronald Lindsay, British
| ambassador, went into conference.