Milford chronicle., 1936-01-10
Entire nm Wrecked By
United States Supreme Court
CONTINUED From Page one)

! ponce power IN every SJaLe OF tnl
Union, superseding all local cOntrO
of regulation of the affairs or con.
Germs of the States"
In his reply on behalf Of the
minority, Justice Stone answered
the contentious of the majority
point by point.
Minority Stresses Use
"The present levy is held invalid,
he said, mot for any want of pow
er in Congress 10 lay such a tax to
defray public expenditures, inelud-
ing those for the general welfare,
but because the use to which its
proceeds are put is disapproved."
As the depressed state of agricul-
ture is Nationwide in its extent
and effects" Justice Stone averred,
there is mo basis for saying that
the expenditure Of public money in
aid Of farmers is not within speci-
fically granted power OF Congress
to levy taxes TO provide for the
general welfare"
Sarcastically assailing the con-
tention of the majority that the
crop control plan was really cOer-
Give, Justice Stone pointed out that
SO per cent of the cotton farmers
did not participate in the program
in 1894 and 13 per cent did not par
ticipate in 1885. Moreover, he point
ed out. the Bankhead Cotton act, a
coerciVe measure, was enacted be-
cause of the evidence that the re-
strictiOn of cotton production was
not being obtained by voluntary
means alone.
"The presumption of cOnstitu-
tiOnality of a statute is not to be
overturned by an assertion of its
coereive effect which rests on moth
ing more substantial than ground
less speculation" Justice Stone said.
Finds Absurdities
"The limitation now sanctioned
must lead to absurd consequences"
he said. The Government may
give seeds to farmers. but may not
condition the gift upon their being
planted in places where they are
most needed or even planted at all.
The Government may give money
to the unemployed, but may not ask
that those who get it shall give la
Dor in return, or even use to sup
port their families. 1t may give mon
ey to sufferers from earthquake, fire,
tornado, pestilence or flood, but may
not impose cOnditiOns-health pre-
cautions designed to prevent the
spread of disease, or to induce the
movement of population to safer or
more sanitary areas. All that, be-
cause it is purchased regulation in
fringing State powers. must be left
for the States, who are unable or
unwilling to supply the necessary
relief"
Continuing in tones of measured
irony, Justice Stone cited other
limitations which he thought the |
majority opinion placed upon ac-
cepted activities of the Federal /
He inquired II all the |
activities of the RFC we're to col /
lapse because in order to effect the
purposes, in myriad
ways the money is paid out upon
terms and conditions which infiu-
ence action of he recipients within
the States which Congress cannot
That the spending power OF the
Federal Government stands on
parity with the other powers spe-
,ifically granted has hitherto been
accepted" said Justice
Stone.
"The suggestion that it must nov
,e curtailed by judicial fiat because
[ NAV be abused by unwise use
,ardly rises to the dignity of argu-
nent." he added. $50 may judicial
power be abused"
Here Justice Stone paused a mo-
nent and cast a glance down the
inc of his colleagues.
Decries "EXtreme Examples"
"a tortured construction of the
Constitution is not to be justified
" extreme examples of reckless
spending which might
,ccur if courts could not prevent
which. even if they
ould be thought to effect any ma
ional purpose, would be possibly
,nly by action of a legislature lost {
o all sense of public responsibility.
le said. "Such suppositions are ad-
ressed to the mind accustomed to
,elieve that it IS the business OF
ourts to sit in judgment on the
wisdom of legislative action"
Then, after another slight pause,
Justice Stone continued in measur-
d tones with his warning to the !
majority of the Court:
Courts are not only the agency
# Government that must be as
umed to have capacity to govern. !
congress and the Courts both un-
aDpily may falter or be mistaken
\ the performance of their consti-
utional duty, but Interpretation OF
ur great charter of Government
yhich proceeds on any assumption
hat the responsibility for the reser-
alton of our institutions is the ex- t
lusive concern of any one of the
lree branches of the Government, y
r that il alone can save them from
is far more likely, in the
ing run.
Ito obliterate constituent mem \
ers' Of an indestructible union OF S
States than the frank E
that language, even OF 2
Constitution. may mean what It
lys: That the power to tax and C
bend includes the power to relieve !.
Nationwide economic maladjust-
ent by conditional gifts of money" j.