The Waterbury Democrat., 1936-05-19
HICHLICHTS OF
 CUFFEY RULING
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(Continued from Page 1.) rather than interstate commerce and that the 15 per cent levy was actually Q penalty to force compli- ance with the act rather than a tax. It ruled that the general welfare clause of the constitution could not pply.
 No New Departure
 e. Was this ruling @ new de- parture by the supreme court? A. No, much of 1t was based on the courts decisions in the NRA and AAA cases. However, tho court drew the line between what is local induStry--and hence not the con- cern of congress-and interstate commerce - which congress may regulate-with much greater sharp ness and clarity.
 o. How does the court draw this line? A. The court provided Q pointed little explanation. Digging coal out of & mine, 1t said, provides a product which may later be placed in interstate commerce. The dig- ging, however, is an intrastate op- eration and hence outside federal Jurisdiction. The justices entrusted their Schechter NRA decision as dealing with another type of prod uct which had been in interstate commerce but had passed out of 1t and out of federal Jurisdiction. This product was poultry which, the court said, ceased to be in interstate commerce after 1t had come to rest in the Schechter brothers poultry house although 1t moved in inter- state commerce to get there.
 No LoOphole Left
 o. Does the Guffey opinion pro- vide any loophole on which another federal effort to regulate industry and labor might be based2 A. Ap- parently not. The definition of in- terstate commerce is 50 narrow as to bar federal authority over opera tions which do not take place di- rectly across state lines. The ban is made more sweeping by the courts condemnation of attempts by the federal government to achieve in- directly control which 1t has nc power to exercise directly.
 e. Does the decision affect any other New Deal laws? A. It fore- casts invalidation of the Wagner labor disputes act, except possibly for direct interstate commerce in- dustries. It appears to knock out the supposed constitutional basis oi such proposed measures as the Con- nery 30-hour week bill and the FL lenbogen textile bill still pending in congress.
 Amend Consultation
 o. Does the court indicate any method whereby the industrial con- trols aimed at by the Guffey act might be achieved? A. The only method open would appear to be interstate compacts or @ constitu- tional amendment directly giving the federal government the power which the court says it does not now have. The court, however, admits the difficulty of signing effective iT1- terstate agreement.
 o. What is the immediate effect of the decision upon the coal indus- try? A. The industry reverts to pre-NRA conditions of unregulated competition. Wages and hours in most mines, however, continue to be regulated by an agreement be- tween mine owners and the United Mine Workers.
 e. Will the price of coal be af- fected? A. Since court injunctions have tied up enforcement of the Guffey act for the most part, no great effect is expected.
 @. Was the Guffey decision un- expected? A. Not entirely. Presi- dent Roosevelt, in urging approval of the act, asked that reasonable doubts of its constitutionallty be disregarded.
 Not Unanimous
 Q. Was the courts decision unanimous2 A. No. Justices Car dozo. BrandeIs and Stone dissented Chief Justice Hughes wrote . sep arate opinion presenting somewhat different views on several questions
 e. What was the position of the dissenting justicesS A. They con-