The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-07
STONE DISSENT
is HELD BOON
TO ROOSEVELT
Minority Opinion Would Be
Help If Court Is Made
Issue, Is View.
Continued From Page One)


which wrecked the first railroad
pension bill. He voted against NRA
but IN support of the New Deal in
the gold cases. Until he came to the
bench, the man from Pennsylvania
was best known as the oil scandals
prosecutor of Harry F. Sinclair and
Albert B. Fall. He is so.
Holds Judicial Power Abused
There were no Supreme Court
mourners last spring for the Blue
Eagle and NRA. The National Re-
covery Administration went down
9-to-0 before the court of last re-
sort. But there was dissent yester-
day when Mr. Roberts read the Ag-
ricultural Adjustment Administra
ton into the junk pile.
The theme song for reform of the
courts or amendments to ConStitu-
tion-or something more abrupt and
painful-Seemed to be written into
the dissenting opinion.
so may judicial power be
abused was the solemn warning Of
Associate Justice Harlan F. Stone
who read the dissent in behalf Of
himself and Justices Louis D. Bran
dies and Benjamin NJ Cardozo
The only check upon our own eX-
ercise of power" said Justice Stone,
is our own sense of self-restraint
For the removal of unwise laws from
the statute books appeal lies not to
the courts but to the ballot and TO
the processes of democratic govern
ment."
Against Mr.. Stones warning that
the courts are not justified in as
Stunning sole protection for our in
stitutionS, Mr.. Roberts argued that
the courts do not in fact pass judg-
ment on the wisdom of COMPRESSION
al acts but must apply to them the
test of their Brightness under limi-
tations of the Constitution. Mr.
Roberts insisted that this question
the courts must decide"
He refused to consider the argu-
ment that AAA could be substsn-
tiated under the constitutional
authority for Congress to provide
for the general welfare" Justices
Stone, Brandies and Cardozo chal-
lenged him there.
But the issues raised extend far
from the bench to the grass roots
and it is there they probably will
be settled either in the presidential
campaign this year or later. Rea-
sonably certain it is that they viii
be settled. Mr.. Stone uttered grave
warning of possible consequences OF
that settlement if the Supreme
Court stands fast in the position
assumed yesterday.
Greater Danger Is Feared
Interpretation of our great char
ter of government (the ConStitu
tion)," he said, which proceeds or
any assumption that the response
bility for the preservation of our in
situations is the exclusive concern
of any one of the three branches o.
government, or that it alone car
save them from destruction is fal
more likely, in the long run to OBJ
literate the constituent members o
an indestructible union of hides
tructible states than the frank rec
ignition that language, even of {
Constitution, may mean what i
says:
That the power to tax and spent
includes the power to relieve a ma.
tionwide economic reimbursement b.
conditional gifts of money"
The sharp touch of sarcasm CAV,
hint of the antagonisms aroused il
the court as in the nation by tn,
challenge to AAA.
That the governmental power o
the purse is a great one is not nov
for the first time announced" MI
Stone insisted. THE suggestion tina
it must now be curtailed by judicia
fiat because it may be abused b.
unwise use hardly rises to the dig
nifty of argument"
Sees Absurd Consequences
He commended that AAA was out.
laWed not because It's taxes were I'm.
lawful but because the majority helc
that Congress. could not impose con.
ditions upon the persons to whom
the tax money was passed on-ir
this instance farmers who received
it on condition they would curtai
crops. Mr. Stone said that limita
ton must lead to absurd conse.
quences he cited them il
staccato series:
l. THE government may give
money to the unemployed, but may
not ask that those who get it shall
give labor in return, or even use il
to support their families.
| 2. 1T may give money to suf