Evening star., 1937-03-09

sage by Congress
of a labor relations act which at
tempts to penalize employers Tor
so-called unfair labor practices"
without at the same time requiring
any corresponding abstention by en-
ployes from committing the same acts.
While the Supreme Court. which
has heard arguments on all seven
cases. is celebrating on what the
final opinions shall be, controversy
has been precipitated by the Presi-
dent involving the quality of previous
decisions and the capacity OF the
Justices themselves to render decisions
because of their advanced age.
Seen as Unprecedented.
Were the attack on the Supreme
Court impersonal or abstract, 1t would
be in accord with attacks on the court
made by other Presidents of the
United States. But never has there
been any public attack on the Su-
preme Court which could be construed
as a threat to influence the decisions
Of the court in pending case. Most
persons here would not have been
disturbed by the Presidents attack
on past decisions but lawyers say an
attack on the court with respect to
Q pending case is unprecedented. Thus
Mr.. Roosevelt in his radio speech last
week spoke of the pending cases on
the Wagner labor relations act as
follows:
Furthermore, court injunctions
have paralyzed the machinery which
We created by the National labor re-
lations act to settle great disputes
raging in the industrial field and.
indeed, to prevent them from ever
arising. We hope that this act may
yet escape final condemnation in the
highest court. But so far the attitude
and language of the courts in relation
to many other laws have made the
legality Of this act also uncertain,
and have encouraged corporations to
defy rather than obey it."
Argument Routine Set.
The customary way for the execu-
tive branch Of the Government to
argue its case is in direct appeal to
the Supreme Court in a formal hear
ing granted for that purpose, the
Attorney General and his staff being
afforded ample time for the presenta-
ton Of oral and written arguments.
When litigants have concluded their
presentation, 1t Is the practice for
the cases to be left to the justices to
decide. Arguing of the case in the
newspapers or before public meetings
in an effort to mobilize public opinion
against the court is not considered
70 be In conformity with the American
system OF arguing the case and then
leaving it to the judges to decide.
After decisions are rendered, COM
ment and criticism is expected and
public discussion Of the opinions Is
natural. Even before cases have been
fully argued there Is often public CON-
ment, but the Government itself has
for many years observed the proprie-
ties in arguing its cases in the Su-
preme Court chamber and not on the
stump.
The court probably is not giving any
consideration to these aspects any
more than it Is formally discussing in
any way the controversy over whether
1t shall consist of 9 or Is members
hereafter. What is before the court is
a question of the validity Of the Wag-
ner labor relations act raised in seven
law suits Many spectators came into
the court room yesterday hoping to
hear the opinions of the court in these
labor cases, but the probabilities are
that the Supreme Court will lot render
its opinions for three weeks.
Simultaneous Rulings Expected.
The general assumption here is that
when the court gets ready to decide
the issues, it will hand down opinions
covering all seven law suits on the
same day. This will give the public the
benefit of the Supreme Courts views
on all aspects Of the law and will pre-
vent confusing situation from aris-
ing such as might result If one Monday
the application of the law in a certain
case is upheld and on subsequent
Monday another aspect is considered
invalid.
While there are seven law suits,
many lawyers believe they can be COW
cred in five decisions, inasmuch as
the issues are more or less alike in
two or three instances.
The Associated Press case may turn
on the freedom OF the press clause Of
the Constitution and the Wagner act
may be held invalid as interfering
with constitutional guarantees.
As for the Maryland coach casC, the
fact that the employer is engaged in
interstate commerce Is conceded and
even the constitutionality of the act
may be upheld, but its application may
be considered wrong. The hcL. Of the
Government is that in this case the
right to regulate the labor relations of
bus drivers will be put on parity with
the right already exercised by Con-
gress with respect to railway en-
ployes.
Production Angle Weighed.
In three other cases, however, the
Jones and Laughlin steel case, the
Fruehauf Trailer Co. and the Fried
man-Harry Marx Clothi4-g Co. case,
the issue turns on whether the Fed
eral Government may regul te =
nesses engaged in production or
whether this is right safeguarded to
individuals or to the State govern
nnents.
II the Supreme Court opinions in the
Guffey cases and long line Of deci-
sions are followed by the court, the
three cases might possibly be decided
IN favor Of the companies and not the
Labor Relations Board. One thing
seems certain-the Supreme Court is
occupying itself with the merits of the
legal questions involved. If it is not
and the decisions run contrary to all
precedents, this will undoubtedly be
the first time that presidential de-
mands that the Supreme Court hew to
political sentiment will have ever been
made or successfully attained this OBJ
jective.
Copyright. 1879
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