Evening star., 1937-04-20

tions; the discharge Of men because
they see fit to join 4 labor union, or
efforts to coerce or force them into So
called company unions fostered or
Initiated or dominated by the en-
ployer, and many other practices which
are recognized As unfair which the
law seeks to eliminate In the interest
OF more friendly relations in the tn
dustrial field.
Attacks Upon Measure.
Many Of the large manufacturers
in the United States ignored the pro-
visions OF this act and resorted to
the courts to defeat its purposes.
In SO far as this law is concerned
the atmosphere has been somewhat
clarified by the recent decision of the
Supreme Court.
In that decision the court recog-
nizes the effect which may be wrought
on commerce among the States and
with foreign countries by the sort of
labor disagreements and disturbances
which the Wagner act was set up to
avoid. The court recognizes that If
Congress can regulate railroads and
other instruments OF commerce, and
can even regulate carriers wholly
within one State If the State imposes
conditions or permits practices there
on which operate as a burden on In
tcrstate commerce, then Congress
may exercise the same power over
the commerce which Is transported
by the carrier. In other words, it rec
ognizes the inconsistency OF saying
that Congress may regulate all the
practices OF railroad engaged in in
terstate commerce and may set up
| machinery for the settlement OF labor
disputes on such railroads, but that
| Congress should not be held to have
the power to do the same thing with
relation to the commerce that passes
over the railroad or other carrier
which is being regulated.
While this decision upholding the
labor relations act passed muster OF
constitutionality by narrow mar.
gin, the result was most gratifying
But in spite Of the gratifying nature
OF this decision in the five cases
passed upon by the court on Monday
last, We need not console ourselves
with the thought that we are out oi
the woods in the matter OF constitu-
tional Interpretation Of the powers oi
Congress in dealing with industria
subjects which are national in thei,
scope and which cannot be success
fully solved under the guiding super.
vision OF any other authority les
than the Government Of the United
States itself.
1t Is not enough to say that Con.
gress may concern itself with the SET
tlement OF labor difnculties in fac
tories which import raw materials
from other States and then export the
finished product to other States, thus
constituting 4 sort Of bottle neck
as the court has said in the process.
Of conducting commerce among the
States
II shipping raw materials from sew
eral States to factory in one State
and the subsequent shipment OF fln-
~'AASo pioNNSO 4iol1l bllC ldEUOlS
other States gives Congress juris
diction over the settlement of labor
disputes in the factory because those
disputes may have a direct effect on
the flow and continuance of inter-
state commerce, then it seems to me
that Congress may exercise the same
authority where the factory merely
ships into other States the product
OF its enterprise regardless Of the
source from which it secures It's raw
materials.
In other words II . manufactur-
ing plant Is engaged In interstate
commerce. 1t does not matter whether
that commerce flows in or flows out
Of the State, or whether both occur
II the conditions Of labor which pre-
vail are such as to promote strife, dis
agreement, strikes and interruption OF