The Republican. [volume] (Oakland, Md.) 1877-current, 1936-02-27
NO OUTCRIES NOW

States Supreme Court. ,legalizing the
IVA sale of power from the Wilson
Dam, is the reception lpf the decision
over the United States:; From the New
Dealers themselves. there is nothing
but smiles. This is, of course, only
natural and to be expected. Those Of
the Brain Trust contingent who, only
a few weeks ago We're criticizing the
Supreme Court for its decisions on
the NRA and the AAA, declaring that
we had gone back into the horse and
buggy days, are now not only salts
fed but delighted: This time the Su-
preme Court is no. mere agency OF
the days of rugged individualism
from which they have extricated us.
Cries for limiting the powers of the
court have been silenced. Evidently
with a great many. political leaders
and statesmen the Supreme Court is
only wrong and worthy of criticism
when it disagrees with the views and
checks some of the aims of the afore-
mentioned political leaders and states
men. -....i l......
From the so-called "power inter-
ests" and the other Supposed to the
iva from selfish or unselfish reasons,
we may get expressions Of disappoint-
ment. But there has been no demand,
either inside Congress or out, that the
powers of the Supreme Court ought
now to be curtailed.i The Supreme
Court has spoken and that finishes
the matter in hand. For some reason
or other the quality of reception is
now different than it was when the
other important decision of the Court
were made. , IT.,
The decision itself is without
question based on sound precedent.
Briefly it holds that the Government
may build dams to control navigation
and floods and for, national defense;
that the Government may carry its
surplus power so manufactured to
market and dispose of it. This was the
principal point of issue and the case
had been narrowed down by the Gov
eminent attorneys to such point with
out going into the broader question
of whether or not the Government
might go into the power business in
competition with private enterprise.
This latter question is one which is
still to be adjudicated.
1t is not to be forgotten, either,
that the decision, as the San Francisco
Chronicle we'll puts it, has "at last
refuted the weird assumption that
the Supreme Court is functioning as
a political body bent ON blocking the
New Deal"
The Supreme Court is above con-
siderations of party politics. An ex-
animation of the votes of the Justices
on measures during the past few
years will abundahtly; support the
truth of this statement.
The decisions on the N. R. A. and
the A. A. A. were hailed by some at
the time as SERIOUS political blows"
at the New Deal, and the T. V. A. de-
cision is hailed as a great victory for
them. Yet looking at the matter from
a political standpoint, one cannot for
get the opinion expressed by some
shrewd politicians at the time that
the decisions on the N. R. A. and the
A. A. A. were political "breaks" for
the Administration. They based their
opinion on the belief that the N. R. A
was already unpopular with the peo-
pie when it was invalidated, and that
some of the A. A. A. features, such as
the potato regulation, would become
political liabilities for the Adrninistra.
tor before the election comes around
On the other hand, it is not to be
forgotten that there may be more thar
one political reaction from the IVA
decision. While it may strengthen the
Administration politically in regior
where the iva; has direct effect
this region is already Democratic. But
there are hundreds of thousands Of
people over the United States who are
interested in private industry either
directly or indirectly through the own
ership of securities. We can now won
der whether they will not become
more interested in politics than they
would have beeSmeef had the Supreme
Courts decision been against the
right of the Government to dispose
of power at Muscle Shoals.