davidaulloa/AmericanStories huggingface dataset:
Evening star., 1936-02-13
HOOVER ATTACKS
NEW DEAL 4FEAR'
Portland Speech Charges
Dictatorship Democracy
Confusion.
BY the Associated Press.

6y bLo ASSOClhJcu FIcocs
PORTLAND, Oreg., February Is.
"A confusion Of dictatorship with
democracy" was Herbert Hoover's in
dictment today against the New Deal
administration Of his successor In
the White House.
The former President. become Wig
orous campaigner against the ad-
ministration of his successor, told Lin
coin day banqueters a fountain Of
fear" has sprung from the current
confusion in government"
Before the applause Of 1000 listen
ers died out he announced he would
travel to Colorado March to speak
to that States Young Republicans at
Colorado Springs.
Mr.. Hoover styled last nights ad-
dress a speech on ''the confused state
of the Union" and under the title
attacked President Roosevelt's recent
message to Congress.
New Deal Methods Issue.
1.-THE President stated a month ago
that the issue before us Is the right
Of the average man and woman to
lead a finer, better and happier life, ~
he declared.
THAT is an objective to which we
all agree. That is the ideal of Amer
leans since it was first mentioned in
the Declaration of Independence.
That is not the issue.
1.-THE issue is the New Deal meth
ods and objectives, which are de-
stroying this very thing"
Again referring to the message to
Congress, Mr.. Hoover quoted Presi-
dent Roosevelt as saying, THE only
thing we have to fear is fear"
"The New Deal has been veritable
fountain of fear" he declared.
"The day after the New Deal was
given life at the election of 1882
began the great fear which created
the bank panic of March 4. The
stock boom today is not from conf
dence in the future; 1t is partly from
fear of imitation.
"The unemployment of millions OF
men in the capital-goods industries
is due to fear of New Deal currency
policies. 1t was the Supreme Court
decisions crashing through New Deal
tyrannies which brought a gleam oi
confidence from the fears that had
retarded recovery"
Forces of Imitation.
Like other Republican speakers, Mr.
Hoover shot at administration spend
ing and said THE explosive forces
Of imitation are already being gen.
Grated.
"a balanced budget and a stable
currency would put more men to
work than the whole w. p. A." he
declared.
Turning his attention to the Roose-
welt relief program, Mr.. Hoover as
serted 1T has impaired self-reliance
and morals both in individuals and
local government. The poison of pol
itics is mixed in the bread of the
helpless.
I'VE have started on the road to
recovery. But it is a con-
fused recovery. We will have 2o..
100000 people on relief after three
years"
The former President summed up
his view of the Constitution as a
political issue with:
mo progressive mind will feel that
the Constitution shall not be changed
TO meet the needs Of changing ma
tional life"
Evening star., 1936-02-13
HOOUer Cut Off
By N. b. C.. to Gire
Vondenberg Time
Did Not Wish to Es.
ceed Allotted Period,
Chain Says.
By the Associated Press,

By the Associated Press.
NEW YORK, February 13.-At the
Offices of the National Broadcastinp
Co. it was explained today that former
President Herbert Hoover did not wish
to go beyond his allotted time on the
air in his speech last night.
Mr.. Hoover, interrupted frequently
by applause, went over two minutes
and was cut off, as arranged, at the
end Of the scheduled half hour.
His speech was being ''piped" in to
the National Republican Club dinner
in New York. Promptly at 10:30 pm,
Eastern standard time, the broadcast
pickup was shifted, from the West
Coast to the scene Of the New York
dinner for Senator Arthur H. Vanden-
berg's address.
Evening star., 1936-02-13
ADVERTISEMENT.

(See HOOVER TEXT, Page o.
Evening star., 1936-05-19
S OF SUPREME COURT DECISION OUTLAWINC CUFFEY ACT

ger lurked behind its plain words, IL
would never have been ratified.
And the Constitution itself Is In
every real sense a law-the lawmak-
ers being the people themselves, in
whom under our system all political
power and sovereignty primarily re-
sides, and through whom such power
and sovereignty primarily speaks. 1t
Is by that law, and not otherwise,
that the legislative, executive and
judicial agencies which 1t created
exercise such political authority as
they have been permitted to possess.
Constitution Plain
And Clear In It's Terms.
The Constitution speaks for itself
in terms so plain that to misunder-
, stand their import is not nationally
possible. I'VE, the people Of the
United States" 1t says, do ordain
and establish this Constitution - ."
Ordain and establish! These are def
mite words Of enactment, and without
more would stamp what follows with
the dignity and character Of law. The
trainers of the Constitution, however,
were not content to let the matter
rest here, but provided explicitly:
This Constitution, and the laws Of
the United States, shall be made in
pursuance thereof; shall be the
supreme law of the land . ." The
supremacy Of the Constitution as law
Is thus declared without qualif1ca-
ton.
Fifth-Since the validity of the act
depends upon whether it is a regula-
tion Of interstate commerce, the ma
ture and extent of the power con-
ferred upon Congress by the COM
merce clause becomes the determina-
tive question in this branch of the
case. The commerce clause vests in
Congress the power Ito regulate COM
merce with foreign nations and among
the several States and with the In
dian tribes" The function to be
exercised is that of regulation. The
thing TO be regulated is the COM
merce described. In exercising the
authority conferred by this clause of
the Constitution, Congress is power
less to regulate anything which is
not commerce. as it is powerless to
do anything about commerce which
is not regulation. We first inquire,
then-What is commerce? ="
AS used in the Constitution, the
word commerce" Is the equivalent
Of the phrase intercourse for the
purpose of trade" and includes trans
portation, purchase, sale and ex-
change of commodities between the
Continued on Fifteenth PageO
Evening star., 1936-05-19

stitution, the means which may be
employed to carry the powers into
effect are not restricted, save that
they must be appropriate, plainly
adapted to the end. and not prohib-
tied by, but consistent with. the letter
and spirit Of the Constitution. (Mc-
Culloch VS.. Maryland, 4 Wheat. 316,
421.) Thus 1t may be said that to q
constitutional end many ways are
open; but to the end not within the
terms Of the Constitution, all ways
are closed.
The proposition, often advanced and
as often discredited, that the power
Of the Federal Government inherent
ly extends to purposes affecting the
Nation as a whole with which the
States severally cannot deal, or can
not adequately deal, and the related
notion that Congress, entirely apart
from those powers delegated by the
Constitution, may enact laws to pro-
mote the general welfare, have never
been accepted, but always definitely
rejected by this court Mr. Justice
Story. as early as 1916, laid down the
cardinal rule, which has ever since
been followed-that the General Gov
ernment "can claim no powers which
are not granted to 1t by the Consti-
tuition, and the powers actually grant,
ed must be such as are expressly
given or given by necessary implica-
tion." Martin VS.. Hunters Lessee, !
Wheat, 304, 326.)
In the trainers convention, the pro-
posal to confer a general power akin
to that just discussed was included in
Mr.. Randolph's resolutions, the sixth
OF which, among other things, de-
ciared that the National Legislature
ought to enjoy the legislative rights
vested in Congress by the confedera-
ton, and moreover, to legislate In
all cases to which the separate States
are incompetent, or in which the har-
mony of the United States may be
interrupted by the exercise of indi-
vidual legislation" The convention,
however, declined to confer upon Con-
gress power in such general terms; in
stead Of which it carefully limited
the powers which 1t thought wise to
entrust to Congress by specifying
them. -
Constitution Drawn
To Preserve State Powers.
The general rule with regard to
the respective powers of the National
and the State Governments under the
Constitution is not In doubt. The
States were before the Constitution;
and. consequently. their legislative
powers antedated the Constitution
Those who framed and those who
Evening star., 1936-05-19

provisions of section ( that the code
be formulated and promulgated are
equally mandatory. The so-called tax
of is per cent Is definitely imposed
and its exaction certain to ensue. .
Third. The so-called excise tax OF
Is per centum on the sale price OF
coal at the mine or. In the case Of
captive coal, the fair market value,
with its drawback allowance Of 1871
per cent, is clearly not tax but a
penalty. The exaction applies to all
bituminous coal produced. whether II
be sold, transported or consumed In
interstate commerce, or transactions
in respect Of 1t be confined wholly to
the limits Of the State. 1t also applies
produced for the sole use of the pro-
ducer.
Tax Held Penalty
To Force Compliance.
It is very clear that the Excise
tax Is not imposed for revenue but
exacted as a penalty to compel COM
pliance with the regulatory provisions
Of the act. The whole purpose OF
the exaction Is to coerce what Is
called an agreement-which,o of course
1t is not, for 1t lacks the essential
element Of consent. One who does
thing in order to avoid q monetary
penalty does not agree: he yields to
compulsion precisely the same as
though he did so to avoid a term in
jail.
Fourth. Certain recitals contained
in the act plainly suggest that its
makers were Of opinion that its con-
stitutionality could be sustained un-
der some general Federal power,
thought to exist. apart from the spe-
cific grants of the Constitution. The
fallacy of that view will be apparent
when we recall fundamental princi-
Piles which, although hitherto often
expressed in varying forms of words
will bear repetition whenever their
accuracy seems to be challenged.
The recitals to which we refer are
contained in section (Which Is SIM
ply q preamble to the acO and
among others, are to the effect that
the distribution of bituminous coal Is
Of national interest. affecting the
health and comfort Of the people and
the general welfare of the Nation
that this circumstance. together with
the necessity Of maintaining just and
rational relations between the public
owners, producers and employees, and
the right of the public to constant and
adequate supplies at reasonable prices
require regulation Of the industry as
the act provides. These affirmations-
and the further ones that the pro-
Evening star., 1936-05-19

adopted that instrument meant TO
carve from the general mass Of leg
islative powers, then possessed by
the States. only such portions as it
was thought wise to confer upon the
Federal Government; and in order
that there should be no uncertainty in
respect of what was taken and what
was left, the national powers Of legis-
lation were not aggregated but
enumerated-with the result that
what was not embraced by the enum-
Grafton remained vested in the States
without change or impairment. Thus,
when 1t was found necessary to es-
tablish . National Government for
national purposes" this court said In
Mum VS.. Illinois, "A part OF the
powers of the States and Of the people
Of the States was granted to the United
States and the people Of the United
States. This grant operated as a
further limitation upon the powers
Of the States, so that now the gov
ernments Of the States possess ell
the powers of the Parliament of Eng
land, except such as have been dele
gated to the United States or reserved
by the people.
States Supreme in All
Powers Reserved to Them.
while the States are only quasi
sovereign, yet in respect Of all powers
reserved to them they are supreme
as independent Of the general Gov
ernment as that Government within
its sphere Is independent of the
States"
The determination of the trainers
convention, and the ratifying con-
ventions to preserve complete ano
unimpaired State self government ir
all matters not committed to the gen.
eral Government, is 'one Of the plain
est facts which emerges from the his
tory of their deliberations. And ad-
herence to that determination is in
cumbent equally upon the Federal
Government and the States. ."
Every journey to a forbidden end
begins with the first step; and the
danger Of such a step by the Federal
Government in the direction of taking
over the powers Of the States is that
the end Of the journey may find the
States so despoiled of their powers,
or-what may amount to the same
thing-so relieved of the responsible
ties which possession of the powers
necessarily enjoins, as to reduce them
to little more than geographical sub
divisions Of the national domain. 1t
is safe to say that II, when the Con-
stitution was under consideration, it
had been thought that any such dan
Evening star., 1936-05-19
Delegation Of Right to Fix
Work Hours Held "ObnOxiOus''
Provision Called Arbitrary, Clearly
sViolating tights Safeguarded by Due
Process Clause in Constitution.

ascertainab1e tonnage produced in the
changes In wage rates, hours Of en-
ployment, or other factors substan-
TALLY affecting costs, which may have
been established since January J.,
1884"
Maximum Price Fixing
Also Entrusted to Commission.
Without repeating the long and
involved provisions with regard to
the fixing of minimum prices, it Is
enough to say that the act confers
the power to Ak the minimum price of
coal at each and every mine in
the United States, with such price
variations as the board may deem
necessary and proper. There Is also a
provision authorizing the commission,
when deemed necessary in the public
interest, to establish maximum prices
in order to protect the consumer
against unreasonably high prices.
All sales and contracts for the sale
of coal are subject to the code prices
provided for and in effect when such
sales and contracts are made. VAR
ious unfair methods of competition
are defined and forbidden.
The labor provisions of the code
found in part III of the same section
require that in order to effectuate
the purposes of the act. the district
boards and code members shall ac-
cept specified conditions contained in
the code. among which are the fol-
lowing:
Employees to be given the right
to organize and bargain collectively
through representatives of their own
choosing, free from interference, re-
straint. or coercion of employers OF
their agents in respect of their con-
certed activities.
Such employees to have the right
of peaceable assemblage for the dis
cussion Of the principles of collective
bargaining and to select their own
Evening star., 1936-05-19
check-weighman to inspect the weigh
ing or measuring Of coal.
Labor Board Set Up
Tn Adiudicate nisnufe~

check-weighman to inspect the weigh
ing or measuring Of coal.
Labor Board Set Up
To Adjudicate Disputes.
A labor board is created, consisting
of three members, to be appointed
by the President and assigned to the
Department of Labor. Upon this
board is conferred authority to ad-
judicate disputes arising under the
provisions just stated, and to deter
mine whether Or not an organization
of employees had been promoted, or
is controlled or dominated by an
employer in its organization, manage
ment, policy, or election of represen-
tatives of its employees for the purpose
Of collective bargaining. ."
The questions involved will be con-
sidered under the following heads:
l. The right Of stockholders to
maintain suits of this character.
2. Whether the suits were prema-
turely brought.
8. Whether the exaction of is per
centum on the sale price Of coal at
the mine is tax or a penalty.
4. The purposes of the act as set
forth in section /. and the authority
vested in Congress by the Constitution
to effectuate them.
S. Whether the labor provisions Of
the act can be upheld as an exercise
of the power to regulate interstate
commerce.
6. Whether subdivision (G) of Part
III Of the code is an unlawful dele
CATION of power.
7. The constitutionality Of the
price fixing provisions and the ques-
ton of severability-that is to say.
whether If either the group of labor
provisions be found constitutionally
invalid, the other can stand as sep
arabic.
Prior Ruling Cited on
Stockholders Right to Sue.
First. without repeating the
long averments of the several bills,
we are of opinion that the suits were
properly brought and were maintain
able in a court of equity. The right
of stockholders to bring such suits
under the circumstances disclosed is
settled by the recent decision of this
court in Ashwander ct al. VS.. Ten
nessee Valley Authority; U. S. (Feb-
ruary IT, 1880. and requires no fur
ther discussion.
Second That the suits were not
prematurely brought also is clear.
Section 2 of the act is mandatory in
its requirement that the commission
be appointed by the President. The
Evening star., 1936-05-19

duction and distribution of such coal
directly affect interstate COM
merce"-because of which and Of the
waste Of the national coal resources
and other circumstances, the regula-
ton is necessary for the protection Of
such commerce-do not constitute an
exertion Of the will Of Congress, which
is legislation, but q recital Of con-
siderations, which Is the opinion Of
that body, existed and justified the
expression Of its will in the present
act.
Preamble Important
For Outlining General Aims.
Nevertheless, this preamble may not
be disregarded. On the contrary 1t Is
important because 1t makes clear, ex-
cept for the pure assumption that the
conditions described directly" affect
interstate commerce, that the powers
which Congress undertook the excise
are not specific, but of the most gen.
eral character-namely, to protect the
general public interest and the health
and comfort Of the people, to con-
serve privately owned coal, maintain
Just relations between producers and
employees and others, and promote the
general welfare by controlling Nation
wide production and distribution Of
coal. These, it may be conceded, are
objects of great worth; but are they
ends, the attainment Of which has
been committed by the Constitution
to the Federal Government? This is
q vital question: for nothing Is more
certain than that beneflcient aims,
however great or well directed, can
never serve in lieu of constitutional
power.
The ruling and firmly established
principle is that the powers which
the general Government may exer-
else are only those specifically emu
merated in the Constitution, and such
implied powers as are necessary and
proper to carry into effect the emu
merated powers. Whether the end
sought to be attained by an act of
Congress is legitimate is wholly a
matter OF constitutional power and
not at all Of legislative discretion.
legislative congressional discretion be-
gins with the choice of means and
ends with the adoption of methods
and details to carry the delegated
powers into effect.
Distinction Between Power
And Discretion Is Important.
The distinction between these two
things-power and discretion-is not
only very plain but very important.
For while the powers are rigidly linn
tied to the enumerations of the Con-
The Waterbury Democrat., 1936-04-02
ROAMING THE AIR WAVES

held at Madison Square Car
 den, New York, will be described
 play-by-play by Ted Husing,
 COIumbla's foremost sports an-
 nOuncer.
 "The March of Time" cast on the brink of All Fools Day sighed con- tentedly and ended the seasons series after 150 exhausting per- formances-five a week for thirty weeks-since August 26, 1895. An- ticipating vacations, eXuberant members of the cast nerrily dis carded their scripts at the close of the final program an dnade off in various pleasure-bent directions with a neigh and a ho and 8 hey nonny o. Westbrook van Voorhis, narrator, and Jack Smart, actor, sped by plane next morning to Nassau. Others vanished in sim liar fashion. Next day, like a bolt from the blue, came the news there was a new sponsor and the series would continue without interrup- ton. One by one the cast was routed out of hiding, out of bed, out of rolling fields bright with the green of 8 new spring. And out of the clear sky over the Atlantic March of Time" directors were watching for a returning plane to appear.
The Waterbury Democrat., 1936-04-02
ORDER OF NOTICE.

STATE of CONNECTICUT, NEW HAVEN COUNTY, ss. WATER BURY, March 27th, A. D. 1936.
 UPON THE COMPLAINT of the said Waterbury Savings Bank pray ing for reasons therein set forth for a Judgment determining the. rights of the parties and settling the title to certain premises known as No. 35 Grove street, in said Waterbury. and for the foreclosure of q certain mortgage on said premises, made returnable before the Superior Court in and for New Haven Coun- ty sa 9t Waterbury to be held ,sss g. the appearing to and being found by the subscribing. authority that certain of said defendants have gone to parts unknown; therefore,
 ORDERED, That notice of the pendency of said complaint be giv- Evening Democrat, newspaper printed in said Waterbury. three days excessively, commencing on or before the 18th day of April, A. D. l936, by some proper officer or indifferent person who, with his doings thereon indorsed, shall make due return.
 GEORGE II. FREEMAN,
 Clerk of the Superior Court for New Haven County at Waterbury. STATE E ,, of oco2;NS!MnEcTIcUT, NEW
 The within and foregoing is a true and attested copy. of the orig inal Order of Notice In my hands for publication.
 Attest:
 BENJAMIN GLIcKMAN, 3-31-3t Contable.
The Waterbury Democrat., 1936-04-02

STATE of CONNECTICUT, DIs-
 TRICT of WATERBURY, ss. PRO
 BATE COURT, March goth, l9$s.
 SKY, late of the town of Water
 bury, in said district, deceased.
 The Court of Probate for the District of Waterbury, hath limited and allowed six months from the date hereof for the creditors of said estate to exhibit their claims for settlement. Those who neglect to present their accounts, properly at- tested, within said time, will be de- barred a recovery. All persons in- debted to said estate are requested to make immediate payment to
 . LAWRENCE J. NAPKIN,
 3-31-3t Executor.
The Waterbury Democrat., 1936-04-02

DISTRICT of WATERBURY, ss PROBATE COURT. April 1st, A. D. 1886. ESTATE of PAUL STARK late of Waterbury, in said Dis trict, deceased.
 Upon the application of ANNA STARK, Executrlx, praying that she may be authorized to sell, cer- tain real estate belonging to said Estate, as per application on file more fully appears, 1t is
 ORDERED, That said application be heard and determined at the Probate office in Waterbury, In said District, on the 9th day of April A. D. 1886, at 9:30 o'clock in the forenoon (Standard Tlme), and that notice be given of the pendency of said application, and the time and place of hearing thereon, by pub- fishing this order one time in some newspaper having a circulation in said District, on or before the End day of April 1886.
 Attest:
 JOHN J. HOWARD, 4-2-1t Clerk.
The Waterbury Democrat., 1936-04-02
NOTICE!

A hearing on the application of Carmelo Schifellite for approval fGrsiinfg iine fiiiine station oa at Corner Fieid and Meadow streets, will be held on Thursday, April 3 at 11:3O a. m. in the Mayors office, City Hall, Waterbury, Connecticut, as provided by General Statute.
 Signed:
 3-31-4-1-2-3t Mayor.
The Waterbury Democrat., 1936-04-02
NOTICE!

A hearing on the application of Henry Bernier for approval certifi- cate to install an additional pump in gasoline filling station at 576 Tuesday, April at 11:30 a. m. in the Mayors office, City Hall, Water bury, Connecticut, as provided by General Statute.
 Signed:
 FRANK HAYES, 3.31-A-1-2-3t Mayor,
The Waterbury Democrat., 1936-04-02

STATE of CONNECTICUT, DIs- TRlCT of WATERBURY, ss. PRO- BATE COURT, March 9th, 1936. LON, late of the town of Water bury, in said district, deceased.
 The Court of Probate for the Dis trict of Waterbury, hath limited and allowed six months from the date hereof for the creditors of said es- tate to exhibit their claims for set clement. Those who neglect to present their accounts, properly at- tested, within said time, will be de- barred recovery. All persons in- debted to said estate arc requested to make immediate payment to
 THOMAS r. CONLON,
 3-31-3t Administrator.