Evening star., 1935-05-28
~, however compensated" except

try. however compensated" except
members"
The code fixes the number of hours
for work days. It provides that no
employe. with certain exceptions, shall
be permitted to work in excess of
forty (40) hours In any one week. and
that no employe, save rs stated, shall
be paid in any pay period less than
at the rate of fifty 500 cents per
hour" The article containing gen
eral labor provisions prohibits the
employment Of any person under 16
years of age, and declares that en-
ployes shall have the right of col
lective bargaining" and freedom of
choice with respect to labor Organiza-
tions, In the terms of section (a)
Of the act. The minimum number of
employees, who shall be employed by
slaughter-house operators, is fixed,
the number being graduated according
to the average volume of weekly sales
Provision Is made for administra-
ton through an industry advisory
committee" to be selected by trade
associations and members of the in
dustry, and code supervisor" to be
appointed, with the approval of the
committee. by agreement between the
Secretary of Agriculture and the
administrator for industrial recovery.
The expenses of administration are to
be borne by the members of the in
dustry proportionately upon the basis
of volume of business, or such other
factors as the Advisory Committee
may deem equitable, subject to the
disapproval Of the secretary and or
administrator.
The seventh article, containing
trade practice provisions" prohibits
various practices which are said to
constitute unfair methods of COM
petition" The final article provides
for verified reports, such rs the sec
retary or administrator may require,
I'D for the protection of consumers,
competitors, employees and others, and
in furtherance Of the public interest
and 90 for the determination by the
secretary or administrator of the ex-
tent to which the declared policy of
the act is being efTectuated by this
CODE" The members of the indus
try are also required to keep books
and records which will clearly reflect
all financial transactions of their re-
spective businesses and the financial
condition thereof" and to submit
weekly reports showing the range of
daily prices and volume of sales for
each kind of produce.
Code Is Approved by
Presidents Executive Order.
The President approved the code
by an executive order In which he
found that the application for his ap-
proval had been duly made in accord
ance with the provisions of title I Of
the national industrial recovery act,
that there had been due notice and
hearings, that the code constituted "a
code Of fair competition" as contem-
plated by the act and complied with
its pertinent provisions. including
clauses % and (2) of subsection (a)
of section 3 of title I, and that the
code would tend Ito effectuate the
policy of Congress as declared in sec
ton l Of title l." The executive order
also recited that the Secretary of
Agriculture and the administrator of
the national industrial recovery act
had rendered separate reports as to
the provisions within their respective
Jurisdictions. The Secretary of Agri.
culture reported that the provisions
Of the code establishing standards of
fair competition (a are regulations
of transactions in or affecting the cur
rent of interstate and /or foreign COM
merce and (b) are reasonable" and
also that the code would tend to ef-
fectuate the policy declared in title I
of the act. as set forth in section l..
The report of the administrator for
industrial recovery dealt with wages,
hours of labor and other labor provi-
Sions.
OF the 18 counts of the indictment
upon which the defendants were con.
victed, aside from the count for con-
spiracy, two counts charged violation
of the minimum wage and maximum
hour provisions of the code. and 10
counts were for violation of the re-
quirement found in the trade prac-
tice provisions of straight killing"
This requirement was really one of
straight" selling. The term straight
killing was defined In the code as
the practice Of requiring persons pur-
chasing poultry for resale to accept
the run of any half coop, coop or
coops, as purchased by slaughter-hous
operators, except for culls." The
charges in the 10 counts, respectively,
were that the defendants in selling to
retail dealers and butchers had per-
mitted selections Of individual chick
ems taken from particular coops and
half coops."
OF the other six counts, one charged
the sale to a butcher of an UNIT
chicken; two counts charged the max
ing Of sales without having the poul-
try inspected or approved in accord
ance with regulations or ordinances of
the city Of New York, two counts
charged the making of false reports
or the failure to make reports relating
to the range Of daily prices and volume
OF sales for certain periods and the
remaining count was for sales to
slaughterers or dealers who were with
out licenses required by the ordinances
and regulations of the city of New
York.
Constitutional Power
Not Tool Of Conditions.
First, two preliminary points are
stressed by the Government with re-
spect to the appropriate approach to
the important questions presented. We
are told that the provision of the
statute authorizing the adoption of
codes must be viewed In the light of
the grave national crisis with which
Congress was confronted Undoubted-
ly. the conditions to which power is
addressed are always to be considered
when the exercise of power is chal-
lenged. Extraordinary conditions NAV
call for extraordinary remedies. But
the argument necessarily stops short
OF an attempt to justify action which
lies outside the sphere Of constitutional
authority. Extraordinary conditions
DO not create or enlarge constitutional
power. The Constitution established
national Government with powers