Evening star., 1935-12-27
NEW DEAL FACING
1000 COURT SUITS
Justice Department Seeks
More Money to Fight
Law Challenges.
RY DAVID LAWRENCE.

the New Deal are pending in the
courts and, If Congress enacts any
more LEGISLATION this coming session
without being sure whether the con-
stitution is being violated. there prop
ably will be thousands OF cases more.
Not only is the Justice Department
faced with the need for more money
to fight all the cases, but. throughout
the country, the work of the local
United States attorneys is increasing
and special assistants are going 10 oe
required in major battles.
The Justice Department is ALREADY
restiye under the multiplicity" OF
law. suits, as it has been called, and
has been trying to get the courts TO
consolidate the tests. But the ever
increasing expense to the Government
and the loss of time and money 10
the officers of the companies involved
is not going to be materially dlnln-
ished, even if the tests are cut down
in number in a particular category OF
cases. For every company will 1eel IL
has to protect its own rights. Like
wise, the points at issue are not always
the same.
Court Attitude May Change.
Perhaps the most significant de-
velopment in the legal battle being
waged over the constitutionahty Oh
various pieces of New Deal legislation
is the change it may make in the at
titude of the courts themselves. Thus,
hitherto, there has always been pre-
sumption that an act of Congress IS
constitutional and it has been up to
the complainant to assume the burden
of proof that the law is not valid.
Now, however, with Congress being
formally notified by the President
that it should pass legislation, how
ever reasonable may be its own doubts
as to consttutionality and with the
law officers of the Government itself
taking the position that it is justified
in withholding general enforcement oil
certain laws till the test cases have
been, adjudicated, the courts may be
urged by various petitioners to look
into the question of constitutionallt7
without any previous presumption as
to validity.
1t may even happen that the age
old principle of not inquiring into
the intent or motive of Congress will
be overthrown. For if Congress is
not trying to resolve doubts in favor
of the Constitution and is merely try
ing to get around the Constitution.
then it becomes a disputed point
whether the purposes of the legisla-
tive body may not be inquired into
in attempting to find out the intent
Of statute.
Most Cases Concern A. A. A.
Most of the cases against the New
Deal are in connection with the
A. A. A., but the number on the ma
tional labor relations act and the
Guffey act and the Wheeler -Rayburn
act may directly and indirectly in
volve, in the end, combined total
almost as large.
The situation is unprecedented be-
cause Congress has chosen to disre-
gard the principles of previous de-
cisions of the Supreme Court and to
embark on an exploratory course.
This may be one way to discover
amendment, in the way provided in
the Constitution itself, has been urged
by the other school of thought as
the preferable method.
Cooley, the famous commentator on
constitutional law, has this to say on
that same point:
Legislators have their authority
measured by the Constitution. They
are chosen to do what it permits, and
nothing more, and they take solemn
oath to obey and support it. When
they disregard its provisions they
usurp authority, abuse their trust and
violate the promise they have con-
firmed by an oath.
ITO pass an act when they are in
doubt whether it does not violate the
Constitution is to treat as of no force
the most imperative obligation any
person can assume. A business agent
who would deal in that manner with
his principals business would be
treated as untrustworthy. A witness
in court who would treat his oath
thus lightly and affirm things con-
corning which he was in doubt would
be held criminal"
Advisory Commission Way Out.
The way out, of course, is for Con-
gress to set up nonpartisan commits
sions of advisory lawyers who know
= the constitutional law of America and
have studied historic precedents. If,
In the face of such advice the Con-
gress chooses to disregard past prece-
dents on the theory that new set
Of facts or a different application of
q principle has been enacted into law,
then there would be little criticism
Of the action of Congress in voting its
own convictions. The trouble really
Is that there was never any doubt at
all about the unconstitutionality of
.e N. r. A, and nine justices of all
schools Of thought by their unanimous
vote showed there was no doubt. 1t
Is the insistence of enacting laws in
defiance Of the N. r. A. decision that
Is causing so many law suits. For,
naturally, the citizen feels fortified
by such unanimous opinion and goes
into court even more confident that
Congress has transgressed his rights.
This is largely the reason for the
many suits in the Guffey coal act
which the President urged in spite of
constitutional doubts-and in the la
Dor relations cases. 1t does look as
If 1885 will be great year for law
yers.
(Copyrieht. 1889