The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-08
"AND THE LAW GOES ROUND AND
AROIINDo

THERE is going to be lot of confusion among
the youth of the land if the school and college
logic classes ever take up the Supreme Courts ma
jority opinion on the AAA
For they will find the words and the thoughts of
these six elder statesmen veering and varying even
between two pages OF the opinion. And the be-
Wilderment OF the students, adults well as youths
VIII be aggravated by study of other things these
same venerable gentlemen have said in other cases.
on the bench as judges. and off, special peaders
Justice Roberts, who wrote the AAA opinion, saws
on Page H. for instance, after scholarly dsserta-
ton on the historic background and meaning Of the
general welfare taxing clause:
ut results that the power of Congress to author
ize expenditure of public moneys for public pur-
poses is not limited by the direct grants of legisa-
tive power (to the Federal government found in
the Constitution"
But on the next page he says this dictum must
be brushed aside Powers not granted Ito the Fed
eral government are prohibited None to regulate
agricultural production is given and therefore legis-
lation by Congress for that purpose is forbidden"
This is the same Justice Roberts who said in the
New York milk case opinion: This court has from
the early days affirmed that the power to promote
the general welfare is inherent in government" and
III one embarks in business which public interest
demands shall be regulated, he must know regula-
ton will ensue"
CUPPOSE the logic class considers Chief Justice
~ Hughes, who voted with Mr. Roberts against the
AAA; Justice Hughes, who said in the courts de-
clsion upholding the Minnesota mortgage mora
forum law, The legislation addressed to
leglunate end, that is, the legislation not for
the mere advantage of particular individuals but
for the protection of basic interest of society,""
This is the same justice who as a great constitu-
tional lawyer in 1921 filed brief in Federal Court
upholding Federal farm loan act under this same
general welfare taxing clause. in which he said:
Congress has power to the public money
and to provide for the borrowing of money to aid in
agricultural development throughout the country in
accordance with the systematic and general plan to
promote the cultivation of the SOIL involving the
applcatlon OF money through loans or otherwise
and that Congress- having this power, could exer-
clse IT, by the adoption of appropriate means to that
end and the creation of instrumentalities for that
purpose Congress has the power to judge for itself
what fiscal agencies the government needs and it's
decision of that question is not open to judicial
review"
Among the six who now hold that only states can
deal with agriculture there is Justice Sutherland
VINO SAID Tor the same court majority in knocking
out state income-tax law only few weeks ago:
"As citizens of the United States we are mem
berS of single great community consisting of all
the states united and not of distinct communities
consisting of the states severally"
At this point, maybe the logic class had better be
dismissed. 1t may be feeling bit dizzy.