Evening star., 1937-04-11
AWAIT COURT VIEW
ON WAGNER ACT
Decision on ConstitutionaIity
Of Labor Law May Decide
"NeW-BIood" Proposal.
By the Associated Press

By the Associated Press.
Friend and foe Of the Roosevelt
court reorganization bill alike looked
forward today to the Supreme Courts
verdict on the constitutionality Of the
Wagner act as = potentially deciding
factor.
So close Is the Senate's alignment
on the Presidents proposal to force
new blood" into the high court that
both sides were quick to concede that
the nature of the Wagner decision
may determine the outcome Of the
controversy.
The Supreme Court will meet to-
morrow to announce decisions.
Whether the opinion on the Wagner
act will be included, none could say,
but it was generally considered a
probability If not, q two-week court
recess will intervene before the rul-
ing can be announced.
The Senate Judiciary Committee
met yesterday, but not to hear testi-
mony on the court bill. 1t held an
executive session on nominations, and
approved the appointment OF Robert
Lee Williams Of Oklahoma for pro-
motion from the Federal District
Court to the Circuit Court of Appeals.
Williams is SO, two years below the
70-year age limit suggested for Fed
eral judges by the President. He
wrote, some weeks ago, to Attorney
General Cummings saying that he
approved the court bill and plans to
| retire at 10.
Burke Out Of Town.
This stirred up a storm among op-
ponents of the measure. Some OF
them, especially Senator Burke, DEM
ocrat, Of Nebraska, promised hight
| against his confirmation. Burke was
out Of town yesterday. The nomina-
tton was approved by the committee
without objection.
Speechmaking on the court issue
continued, with Secretary Ickes and
Senator Barkley, Democrat, Of Ken
lucky addressing a Chicago audience In
favor OF the proposal last night, and
Senator Wheeler, Democrat, Of Mon
tana opposing it incidentally in a
speech before the Peoples Lobby here
! Wheeler contended that the OBJ
jectives toward which the admins
tration Is looking can be reached by
taxation, by "a tax on bigness" He
added that it isn't necessary to make
the Supreme Court conversant with
the interstate commerce clause Of the
Constitution in order to stop the con-
centration Of wealth.
| Speaking generally, those who an
alyzed the possible results of the Wag-
ner act decision foresaw several
| eventuaities.
A decision by substantial majority
OF the court upholding the act in gen.
eral, it was felt, would probably swing
number Of Senators now uncom-
mitted on the issue to the opposition.
This belief ives based on the argument
that such decision would show that
social legislation could be sustained
without revamplng the court.
Close Vote May Have Weight.
On the other hand, congressional
analysts thought that if the decision
is on a vote Of 5 to 4 or to 3 basis,
the chances for the court bill will be
materially improved.
The effect of a unanimous or nearly
unanimous decision Of unconstitution-
Atty, they said, WAS difficult to figure
in advance but they were inclined te
believe it would be helpful to the ad.
ministration's side of the controversy
The Judiciary Committees hearings
on the bill will be resumed tomorrow
with the expectation that the Ions
hearings will be brought to close b.
the end Of the week. Three opposi.
tion witnesses are scheduled tomorrow
and proponents OF the bill purpose te
present testimony for the remainder
Of the week