The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-05-19
TUESDAY. MAY 10. 1896.
THE GUFFEY DECISION

TIME 6-to-3 Supreme Court decision invaii6atng
Il the Gufey-snyder Coal Control Act falls like
a leaden hand upon Congress and its harassed at
tempts to plan more workable industrial system.
For the sick bituminous coal mines OF 30 states
the decision points to a return of the anarchy that
brought misery to their half-million miners and
chaos to their owners before N2A gave them
measure of relief The states helpless to regulate
an industry with such varying production costs as to
invite price and wage cutting Eight states admitted
1t officially by joining with the government in de-
tending the act
The industry-fully 30 per cent of the owners
and virtually all the minerswants government reg
ulation Economists have warned that, instead of
going too far the Guffey-Snyder act was not
strong enough Federal weapon for effectively po-
Icing the coal business ruthless competition. One
can only wonder what disorder will follow when, or
If, the mines again start cutting prices and wages.
For other governme1, projects in regulation this
decision appears no less ominous. 1t threatens the
Wagner Labor Relations Act insofar as the Labor
Boards powers apply to unio' management rela-
tions in manufacturing although the act might
stand as it applies to the narrow field Of obvious
interstate commerce. 1t certainly throws a red
light athwart the pending little NFA" for the tex
tile industry and the proposed measure to regulate
the stricken anthracite fields.
What now can the President and Congress do?
TIMER choice is a narrow one. They can do moth
ing or they can do what President Roosevelt
suggested might be necessary at the time of the
Schechter decision and what organized labor is
urging now-ask the people to amend their Consti-
tuition. We believe yesterdays ruling will make the
latter decision inevitable.
Without effective regulation, industry will head
way. If the American Federation of Labor figures
are accurate, profits SO per cent higher this
quarter than in the quarter last year, yet the
average work week is nearly two hours longer the
actual wage gain only, per cent employment is up
only "a per cent.
The court has denied the governments authority
to work with industry and labor for solution of
their planning problems under the codes. Now it
denies the governments right to regulate specific
industry more directly A constitutional amend
ment, broadening Congress powers to make our
highly, complex system better serve industry and
labor and the people generally, now to be the
only answer.
In his opinion Mr.. Justice Sutherland himself
seemed to point toward such answer He quoted
the high courts former opinion in the Kansas VS..
Colorado case to the effect that the Tenth Amend
ment was written to prevent Congress assuming
general welfare powers not specifically delegated
to it.
with equal determination" he quoted "the
trainers intended that no such assunl otion should
ever find Justification in the organic act, and if
in the future further powers necessary they
should be granted by the people in the manner they
had provided for amending the act"
The Guffey opinion, we believe, will prove of his
torc Importance to America 1t revitalizes the whole
question of undermining the Constitution