The Western news. [volume] (Libby, Mont.) 1933-current, 1937-01-07

accomplish the purposes for which
Gen. Hugh S. Johnson's Blue Eagle
was intended is rather interesting,
not only to lawyers-for OF course
the real object OF both is TO get
around the constitutional hurdle
but to business and labor as well.
One of these plans is being drafted
by Donald X. Richberg, the other by
Senator Joseph c. O'Mahoney Of
Wyoming.
The O'Mahoney plan is much SIM
pier. 1t will be modification of
his bill OF last session providing for
federal incorporation Of all corpora
tons doing an interstate business.
In brief, it aims at federal control
OF wages and hours, prohibition OF
child labor, ETC., by the simple
/ process OF refusing a federal license
to do business to any corporation
not agreeing to observe these re-
strictions.
No prohibition by law, mind you
but just refusal of permission to
do business. Many lawyers doubt
extremely II this would have met
the constitutional test before the SUI
preme Court last year. But this
year it just may be different, some
think, in view OF the election re-
turns. But the court has repeatedly
spoken very sharply to the point
that if it is not constitutional to do
thing by one means, it is also
unconstitutional to do it by another.
The Richberg plan is more COM
plicated. Also it approaches the old
Blue Eagle idea more nearly, in
that it would permit each separate
industry to draw up its own rules
and regulations, and then would
give those rules and regulations the
effect of law, that is, competitor
violating any OF them would be held
guilty of violating a federal law.
| A New Approach
| The method of approach, how
| ever, is very different from that Of
| the NRA. The new plan is very
ingenious. In its legal theory II is
not drafted for the protection of la
Dor from exploitation, or the pro-
viding OF employment or any of the
other detectives of MIRA. Actually
that is precisely its purpose, as il
was before, but nothing in the legal
Verbiage in. which it will be shroud-
| ed would give the most painstaking
legal critic that idea,
| It is based. on the idea OF fair
tradel It wilPbe aimed, apparently,
at preventing one employer from
having an unfair advantage over an
other. 1t will follow closely the
ideas already approved on numer-
GUS occasions by the Supreme court
il the Federal trade, Clayton law
and other cases.
| Obviously if one employer pays
less than a wage which is recog-
nized as standard for his industry,
he has an advantage. This comes
under the head of unfair COMPETE
ton in the Federal trade and Clay
ton law cases. The same is true Of
longer hours than his competitors
work their employees, etc. And the
same is true of one employer using
child labor when his competitors dc
not.
The only similarity in philosophy
to the old Blue Eagle is that part Of
General Johnson's TRADES when he
attacked the "chiselers. But under
the Blue Eagle, the chiseler phase
was by-product. In the new Rich.
berg proposal it Is the main thing.
Now Turns Stingy
Judging by the demands on the
budget bureau, the administration
that has been criticized by the
outs as generous to fault will,
inside few weeks, be assailed as
inhuman, stingy, and all the other
adjectives any of the pork hunters
can bring to their minds.
The idea of rugged individualism
seems to be far less prevalent than
one might have suspected during
the campaign--up to election day
Even many business men seem to
think that, if anything is needed,
appeal should be made to Uncle
Sam. For example. the recent rec
ommendation that the government
insure working capital loans up to
$50, 900 by commercial banks.
Tremendous drives for all sorts
of projects are being organized. One
might think that the determination
that marked the rejection of the
Florida ship canal last session
would have killed that project for all
time, but the Loys are working like
beavers right now to win support
for it.
Losing money, municipal airports
will ask congress for federal aid. to
the tune of ten to twenty millions
to match city funds for the mod
ernization of regularly scheduled
airway ports, with more to come
later. They claim that airplanes'
business right now is about 80 per
cent interstate, which gives them
as much right to federal aid as wa
terways and highways,
Renew a Threat
| Opposition to this will renew the
threat to lash air transport 10 the