The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-16
MINTON FAILS
AAA RULING BY
SUPREME court
Indiana Senator Rips al
Decision in Pleading
Farmers Cause.
BY DANIEL NJ. KIDNEY
Times StafT Writer


Times stan Writer
WASHINGTON, Jan. Ex-senator
Sherman Minton of Indiana made
his maiden speech in the Senate
today and the ears of the sedate
justices in their 100000 court
building across from the Capitol well
may have burned.
For the junior Indiana Senator
bitterly assailed the AAA decision
and urged his Senate colleagues not
10 stand for any constitutional in
depreciation which implies that
Congress can not help the farmer.
Decrying the siX-to-three decision
holding the AAA unconstitutional
Senator Minton said: Il disagree
with the majority emphatically. 1
think their opinion is the most
strained, forced construction of the
Constitution, and the most highly
Favored political opinion to come
from that court since the bred
Scott decision"
In beginning his speech, Senator
Minton apologized for appearing
presumptuous, but asserted that he
wished to discuss the legal phases
of the high courts ruling.
Hits Second Guessing"
"As a lawyer, l have the greatest
respect for the Supreme Court" he
said Il accord to their decisions
the respect that is due them. How
ever, l can not help but remember
that in each case argGed before the
court, some good lawyer finds that
he is mistaken about what the Con-
stitution provides, and, very fire.
quently, some members of the court
do not seem to know.
of course, Congress wouldn't be
expected to know.
In other words, what the Con-
stitution provides rests in the minds
and hearts of nine eminent and dis
tinguished gentlemen of the court,
who have the last guess. They have
the last guess because they have de-
creed 1T So and we have accepted
1T as a part of our jurisprudence.
This may be by any varying ma
1ority, and sometimes, they even
take second guess.
I mention these facts only to re-
mind you that there is nothing sac
rosant about the opinions of the
court. Unlike the law of the Modes
and Persians, their opinions can be
changed.
Il accept the decision as the law
to be obeyed, so long as it is the law,
and I join the ranks of those who
believe it their duty to release the
country from the paralyzing effect
Of that opinion"
Pleads Farmers Cause
Declaring that it will not do to
accept any conclusion that the Fed
eral government can not aid its
people in distress, Senator Minton
pleaded the farmers cause.
I'VE must aver the consequences
of the courts action in destroying
the first national program that ever
put a dollar in the farmers pocket,
and has lifted the great agriculture
industry of the nation from the
slough of bankruptcy and ruin and
set it well on its way to prosperity.
Avert the consequences by enact
ing legislation within the law de-
clared in that opinion, if possible,
but if that can not be done, then
change the fundamental law of the
land in accordance with its own
provision.
But avert the consequences, we
must.
1T will not do for nation that
has nurtured industry yes, subsi-
died it with a lavish hand, to say
to the agricultural interests of this
nation, in the darkest hour of their
need: We can not help you. +"
Goes Into Legal Details
The HooSier Senator then went
into legal details of the decision and
drew the conclusion that it is pos
sible for Congress to re-enact AAA
by separating the taxing and crop
control provisions. He pictured the
farmers plight before AAA brought
them relief and better prices. Even
the Supreme Court should have seen
that this was carrying out the gen.
eral welfare, he asserted, and
charged that the ma jority opinion
lodged that issue.
Although the court has gone out
of its way to wreck system that
works, it has not gone so far, in my
humble opinion, as to make our con-
dition hopeless" Senator Minton
concluded.
Il hope / am not wrong in my
Judgment of the scope of this i'm
portant decision. If I am, and the
court has effectively paraly2ed the
arm of Congress to act to relieve
the people who constitute the gov
eminent, then the people must act
to reclaim their own government.
THE blight of the cold, dead hand
of the court must not be permitted
to contaminate the blood stream of
the nation and destroy the right of
the people to live and prosper"