The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-05-19


The decision was limited to the
particular type of project involved
and, as the Department of Justice
1nterprets 1t" said Attorney General
Homer S. Cummings, was not in
tended to apply to other agencies Of
the government or to other activities
OF the Resettlement Administration
New Deal critics rejoiced over the
Guffey decision, recalling that M;
Roosevelt wrote last year to the
House committee which considered
the Guffey Bill in these words:
Il hope your committee will not
permit doubts as to constitutionality
however reasonable, to block the
sugestedg legislation
Alternatives of varying scope to
the Guffey Act as seen today in
cluded:
l. A campaign showdown and sub
mission of a constitutional amend
ment If the popular vote approved
New Deal policies.
Mine Leaders Drafting Bill
2, A New Deal-labor effort to
salvage individual-industry regula.
ton by some new method of APP
proach along lines of a bill being
drafted by United Mine Workers
leaders.
3. Voluntary agreement among
miners and operators on a solution
of their problems to include COL
lective bargaining and imposition of
competitive standards.
4. Creation of an interstate coal
compact or uniform legislation by
producing states to mesh with new
Federal legislation within constitu-
tional limits.
5. Legislation to require national
incorporation or licensing for cor
porations doing business among the
states.
Change Process of Years
Bolstering belief Mr.. Roosevelt
might make constitutional amend
ment a campaign issue was the prec-
edent of the Child Labor Act deci-
sion. Reasoning in the child la
Dor and Guffey cases was identical
its inability to prescribe child la
Dor by legislation, but in 1924 sub
mitted an enabling constitutional
amendment to the states. 1t still is
pending.
The long time required to ratify a
hotly contested amendment was a
factor in dissuading Mr. Roosevelt
from making that approach to his
problems earlier in his Administra-
ton. He expressed confidence in his
inaugural address that the funda-
mental law was sufficiently flexible
to permit all necessary emergency
legislation.
In his "horse and buggy" criti-
cism of the MIRA decision, the Pres
ident emphasized that changing the
Constitution usually was process
of several years. But there is the
precedent of repeal of the Eighteenth
Amendment for which Mr.. Roosevelt
got a mandate in the 1882 CAM
paign. The repeater was rammed
through Congress and jockeyed to
ratification under constant Admin
istrative pressure. The same tactics
might short cut the path of any
other amendment if it were backed
by an impressive popular vote.
Lewis Flags Decision
Such vote might, conceivably, be
popularity interpreted as rebuke to
the court. But no rebuke would be
implied by mere Endorsement of a
constitutional amendment charging
Federal power in social and eco
nomic fields. The. court undertakes
to interpret legislation in the light
of constitutional limitations rather
than in relation to the desirable or
undesirable nature of legislative OBJ
jectives.
1t is inevitable, however, that the
series of anti-New Deal court de-
cisions will become involved in po-
litical debate along the lines of
today's court statement Of John L..
Lewis, United Mine Workers pres
ident:
1T is sad commentary" he said,
upon our form of government when
every decision of the Supreme
Court seems designed to fatten cap
ital and starve and destroy labor"
Lewis expects shortly to confer
with cir. Roosevelt.
Labor Trouble Feared
Consequences of the Guffey de-
cision foreseen by some observers
today included:
/. Possible labor trouble in the
soft-coal fields.
2. Rehabilitation Of the presiden-
tial year constitutional issue.
3. A swing of labor further from
the courts and strict constitutional
lists toward the New Deal.
4. Foreclosure against other lit
tie NRA's" for the textile, steel, au-
tomohile and other individual in
duStrieS.
5. New political emphasis upon
Mr.. RooSevelt's willingness to take
a chance on constitutionality of de-
sired legislation.
New Deal Plant Is Belief
6. New campaign ammunition for
the New Deal in big mine and in
dustrial states.
Z. Ultimate scrapping Of the
Wagner Labor Relations Act and
practical prohibition against
further Federal regulatory expert
meats relating to hours, wages and
competitive conditions.
Some observers have believed
throughout that the Guffey Act was
plant" designed by the New Deal
to obtain a far-reaching Supreme
Court decision upon which the is
sue of constitutional amendment
could most conveniently be carried
to the people. Assistant Atty. Gen.
John Dickinson somewhat con-
t,.i...toa e. Al.nt Lolinf IN, l,i= g.