, 1935-02-08
WASHINGTON
BY George Durno

Vic Slcu&e hammer row over the
new auto code between Donald
Richberg, head OF the presidents
National Emergency Council, and
officials Of organized labor is that
II bids fair TO knock into a cooked
hat the reputed aspirations Of Rich
berg TO wind up on the United
States Supreme Court bench.
When President Bill Green. of the
American Federation Of Labor. and
President John Lewis. OF the United
Mine Workers. start calling a man
a Benedict Arnold, IL Is very apt
70 hurt his chances Of ever attain
ing the nations highest law tri-
bunai.
Memory goes back to Herbert
Hoover's effort TO appoint Judge
Parker. Of North Carolina, 70 the
Supreme Court. Labor men remem-
bered Parker as the author Of the
famous yellow dog" decision against
them and turned on the heat. He
was NOT confirmed. The same thing
happened when Judge Wilkerson, OF
Chicago. who granted the anti
labor i~njunctiOnS for former At
torney General Harry Daugherty,
came up for promotion to the
Circuit Court OF Appeals.
NEUTRALITY-SUSPICIOUS. for the A.
T. of l.. are busy building a fire
under Richberg in the senate. They
are striking responsive chords i'm
mediately among the so-called pro-
greSSive senator's.
Even If the Emergency Council
chieftain-who hates 10 be called
Assistant President wins his
present fight with labor, veteran
senator's predict the scrap Will turn
up to haunt him II his name is ever
sent lip for confirmation in an
other federal position.
Some observers think Richberg is
making a mistake by not more or
less Ignoring the dead cats a. Gen.
eral Johnson did. They say the
lawyer is on a tight rope anyway
and is bound TO get off balance II
he starts lodging them through
counter-statements' etc.
TAU DSCn SAnAAllCA
as a blood brother bv the AZ. Of l..
in the early days Of NRA and code
making on the basis Of his earlier
connection with the Railroad Bro
therhoods.
AS a mater Of fact, the brother
hoods always have remained aloof
from the AT. of L. But the railroad
men feel Just as bitterly against
Richberg as do Green and Lewis
and the rest of the AT. Of l. ex-
ecutive council.
Richberg predicted when he took
the Job OF coordinating the New
Deal that eventually his neck would
get stuck out too far for retrieval.
Organized labor is doing its best TO
make the prediction come true.
Flaws-While everyone waits rest
lessly for the Supreme Courts gold
clause decision, another interesting
bit Of argument in furtherance Of
the governments case Is current
around Washington. Senator Borah,
who Is STEPPED in the constitution,
holds this view.
Briefly. II is that no congress ever
has the right 10 commit future
congresses as TO what weight OF gold
dollar should be used in paving off
such federal contracts as currency,
bonds. etc. Some lawyers are max
ing the point that the constitution
lives congress the right TO regulate
our currency: therefore. one con-
greSs NAV not specify at what rate
oi gold content a future assembly
ot the national legislature should
redeem government obligations.
/ This. Of course, would apply 70
private contracts also IL the reas-
oning is right.
In any event. administrationites
are not unduly worried about n
courts decision. even If II should
De entirely or largely against them.
They are confident that the nine
men in black would point out IN
their opinion how Congress could
correct any legal flaws that might
be found in the gold devaluatlon act.
Then the government could immed-
lately petition for a rehearing. The
court would take this under advise
ment-and congress would have sew
eral weeks IN winch 70 remedy any
errors.
But the betting Il still all on the
governments side.
Finesse-ReportS that Secretary OF
Interior Ickes will resign because OF
the kicking around congress has CIV
en- him appear 70 be a little prema-
ture at best.
President Roosevelt. in common
with ali other executives. won't have
a break in his cabinet family If II
can possibly he avoided. Too many
embers always are stirred into
flame.
Ickes Is a fighter and he has his
back UP now. He hardly would re-
sign unless politely asked. Wash