The Western news. [volume] (Libby, Mont.) 1933-current, 1936-12-31
SEEN
HEARD
around the
NATIONAL
CAPITAL
By Carton Fold II
By Carter Field i.


Washington.-Some of the smart
young lawyers in the New Deal are
now predicting that President
Roosevelt will not seek a constitu-
honal amendment with a view to
obtaining for the federal govern
ment power to regulate wages and
hours, and power to effect crop re-
ductions-in short, to overcome the
devastating effect on New Deal poll
cies Of the Supreme court decisions
In the NRA and AAA cases.
Such amendments will not be nee
sssary, these young lawyers hold,
II certain events which they conf
IDENTIFY expect, should develop. First
and probably most important will be
the court decision sure to come on
the new Guffey coal law. There may
be quite a battle about putting this
law through, but they are mentally
jumping that hurdle, assuming that
It will become law. and assuming
that Of course 1t will be promptly
taken up to the Supreme court.
These young New Dealers think
the new Guffey act avoids the err
rors of law and precedent violation
that caused the original Guffey act
to be thrown out the window by the
Supreme court. They think that II
the new Guffey act can pass the
high court hurdle, 1t will then be
possible to impose, one at time,
individual codes on individual In
dustries without running up against
the points that resulted in the SUI
preme courts rejecting MIRA by
unanimous vote.
For one thing. they point out, In
such q procedure there will be no
question OF congress or the Presi-
dent delegating authority. This point
weighed heavily in the minds OF
the justices in plucking the blue
eagle. In the Guffey entering wedge
it is proposed that congress shall
write the terms of the code, SO that
it will be purely a question OF
whether congress has the right to
do this under the general welfare
clause Of the Constitution, and not
question of whether some giant gov
eminent agency may determine
such things over the desks of host
Of appointed bureaucrats.
Brandeis Objected
There is more to this belief OF the
young lawyers than the mere writ
ten words of the Constitution, or the
texts OF various Supreme court de-
cisions. 1t is known, for instance,
that Justice Brandeis objected
strongly to many phases Of the blue
eagle, and made no bones OF saying
so to many persons, including Gen
eral Hugh S.. johnson.
On top Of this is the undeniable
psychological effect on the minds
OF members Of the court of the over
whelming landslide for the New
Deal-plus the point that the Cuff
fey decision was not even q clear
cut five to four adverse decision.
Chief Justice Hughes, though siding
with the minority. approved some
features OF the law. including price
fixing.
So the assumption of the young
lawyers Is not as extreme as first
might appear, and il they are right,
the remainder of the course is clear.
On AAA, the procedure is much
simpler. In fact, it is already being
done. 1t is just question of adj
hitting it, and this is gradually be-
ing done. Corn is now formally
classified as a soil denuder by the
Department of Agriculture. This is
held despite the fact that many ag-
ricultural authorities say that, with
proper use of fertilizer and with
proper rotation. corn is frequently
beneficial to land. For instance, oc-
casional planting OF corn helps keep
down weeds. Cultivation of corn
continues until very late in the sea-
son, thus keeping the weeds from
reproducing themselves.
Headed for Clash
Both Cordell Hull and Henry A.
Wallace are fairly long suffering
and patient gentlemen, as both have
demonstrated several times since
they entered Franklin D. Roose-
velt's cabinet. Some of their trou-
bles have brought about a commu-
nifty Of interests, or at least a SYM
pathetic understanding, as for ex-
| ample their separate and unrelated
wars on George N. Peek.
But it would seem to the least
cynical bystander that at the pres
ent moment they are headed to-
wards personal clash, which soon
er or later is apt to upset the most
promising of all--from the present
prophets view - 1910 Presidential
band-wagons. Meaning, Of course,
that of the secretary of agriculture.
II all revolves around the contro-
versy that was the heart of the tar
| if problem, which divided the Dem
ocratic and Republican parties In
the Decentralization days, and
has been the heart OF the farm prob
lem ever since the doctrine of scare
ity was introduced.
In way OF speaking Secretary oil