The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1936-12-21

game Of ring-around- a-roSy
hoping, above all for q dec
opening to loose a long pent
with q number Of important
issues pending before the tribunal
the New Dealers felt confident
they would not have to wait long.
Weeks have passed. On every
showdown the court has adroitly
stymied It's waiting foes.
This was the case in test Of the
New York unemployment insur-
ance law, and even more so in
the extraordinary decision In the
Duke power company W.. PWA
case
N. Y. Case CIear-Cut
In the New York case the
court ducked a clear-cut declara-
ton by means Of q tie vote.
With liberal Justice Harlan
Stone absent because Of illness,
the justices split four to four.
Since the case that came before
them was on q lower court deci-
sion upholding the law, the effect
Of the tie vote, under Supreme
Court procedure, was to sustain
that Judgment.
But, actually, the decision
settled nothing definitely as TO
the cOnstitutionallty Of such
legislation. II merely enabled
the court 70 dodge this dyna-
mite-loaded issue.
The Duke Power case was an
other out-and-out side-step. Not
only did the court obviously re-
sort TO q technicality, but 1t also
defied statute that has been on
the law books since 1850.
1889 Statute
The case involved the power Of
the government TO make loans
and grants to municipalities for
the construction Of public hydro
electric plants. The issue Is one
Of the most important New Deal
measures before the court.
Both the administration and
the utility industry were extreme
ly anxious for q prompt settle
ment of the controversy over the
power program. But the Supreme
Court, apparently, was in no
hurry TO be put on the spot.
L0OphOle
Selling on the technicality Of
an admitted harmless error" by
a lower court, which neither side
had considered important enough
to mention In their arguments or
TO challenge, the Supreme Court
ordered the case returned for re-
trial-meaning delay Of possibly
q year or more. Thus the court
rode roughshod over q law en-
acted In 1889 for the express pur-
pose Of barring such delay tactics.
The statute provides that no
legal action or decision shall
be abated, arrested, quashed, or
reversed for any defect or want
Of form, but such court shall
proceed and give Judgment &C.
cording 10 the right Of the
causes and matters In Law shall
appear 10 II. :"
In other words this law, under
which II has been operating for
lat years. specifically requires a
procedure which the Supreme
Court fatty refused to follow.
Instead Of deciding the vital and
urgent issue before 1t squarely on
It's merits, as the statute directs,
the court thumbed its nose at
the law. and using a technically
as justification threw the case
back into the lower caurts to be-
gin all over again the long and
costly trail to Washington.
Mail Bag
The Merry Co FOUNDERS have
stirred UP q lot Of things, but 1t
Is q new sensation to be stirring
UP the ingredients for a dish Of
cranberry sauce.
Reference was made in this
column on Thanksgiving day to
Mrs. Rooseyelt's fayorite recipe
for cranberry sauce, and, incl
dentally, the offer was made to
furnish the recipe on request.
In answer to the first several
hundred requests, the recipe was
sent individually to each appli-
cant. cant. But still they come.
80 in self defense, the recipe Is
printed herewith In plenty of time