The Waterbury Democrat., 1936-01-07
DECISION WAS
 BITTERLY SCORED
tcontinued from Page lJ

mourners last spring for the blue eagle and NRA. The National Re. coVery Administration went down 0.to-0. But there was dissent yes- terday when Roberts read the obit. uary of the Agricultural Adjustment Administration.
 Reform Of Courts
 The theme song for reform of the courts or amendments to the con- btitution--or something more abrupt and painful-seemed to..be ip the dissenting opinion.
 "so may judicial power be abused'' was the solemn warning of Asso- ciate Justice Harlan r. Stone who read the dissent in behalf of himself and Justices Louis D. Brandeis and Benjamin N. Cardozo to the nia- jority opinion of Justice Roberts.
 "The only check upon our own exercise of power" said 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 gov- ernment."
 Against Stones warning that the courts are not justified in assuming sole protection for our institutions, Roberts argued that the courts do not in fact pass judgment on the wisdom of congressional acts but must apply to them the test of their rightness under limitations of the constitution. Roberts insisted that this question the courts must "de- eide"
 Robert refused to consider the ar- gument that AAA could be sub- ! stantiated under the constitutional authority for congress to provide for the general welfare" of the na- ton. Stone, Brandeis and Cardozo challenged him there.
 But the issues raised extended far from the bench to the grass roots and 1t Is there they probably will be settled either in the pres- identiai campaign this year or later. Reasonably certain 1t IS that they will be settled. Stone uttered grave warning of possible consequences of that settlement if the supreme court stands fast in the position assumed yesterday.
 Interpretation of our great char ter of government (the constitt- tion)", he said, which proceeds on any assumption that the responsi- bility for the preservation of our institutions is the exclusive concern of any one of the three branches of government, or that 1t alone can save them from destruction is far more likely, In the long run to obs literate the constituent members oi an indestrucible union of indes- tructible states than the frank rec. ognition that language, even of c constitution, may mean what 4 says:
 To Tax and Relieve
 That the power to tax and spend includes the power to relieve a ma. tionwide economic maladjustmen' by conditional gifts of money"
 The sharp touch of sarcasm gave hint of the antagonisms reused ir the court as in the nation by the challenge to AAA.
 That the governmental power oi the purse is 6 great one is not now for the first time announced" Stone insisted. "The suggestion that il must now be curtailed by judicial fiat because 1t may be abused by unwise use hardly rises to the dig nity of argument"
 He contended that AAA was out lawed mt because its taxes were Jin- lawful but because the majority held that congress could not i'm. pose conditions upon the persons tc whom the tax money was passed on in this instance farmers who re. ceived it on condition they would curtail crops. Stone said that limi. tation must lead to absurd conse- quences"-and he cited them ir Staccato series:
 Absurd Consequences 1. "The government may givl money to the unemployed, but may not ask that those who get 1t shal give labor in return, or even use l to support their families. 2. 'It may give money to sui. ferers from earthquake. fire. torna' do, pestilence or flood but may noI impose conditions--health precau' tions designed to prevent spread ol disease. All that. because it pur' chased regulation infringing stat powers. must be left for the states - ---------- gap until a future course of actor | nnsslS Rsa @anaHAA