The Washington times., 1937-04-01
INVALIDATI0N
OF WAGNER
ACT SEEN
BY EARL GOODWIN

II the Supreme Court upholds
the constitutionality of the Wag
ner labor act it will be going con
trary to the wagers of a large
number Of Washington correspon
dents and other observers who
think they discern the handiworE
Of a set of justices who are intent
on making the Roosevelt admins
tration 60 way back and frame an
entirely new program to control
labor disputes.
The reasons these observers give
is this: The court has frowned on
the Federal Governments at
tempts in the labor field in NRA
and other New Deal acts; it also
denied New York State the author
ity to regulate womens wages: it
had set up a legal landmark in the
Adkins case in which the District
of Columbia minimum wage law
was nullified.
No Mans Land Hit
These various opinions had
given President Roocevelt good
foundation for his remark that
the court had created a no-man'S
land in which neither Federal
Government nor the states could
regulate the wage problem. That
was one statement by the PreSi-
dent regarding the Supreme Court
which had never been aSsailed or
questioned. Apparently it was
true.
But the court in one startling
reverse swept the no-man's land
away when it upheld the Wash
tngton State minimum wage law
and reversed itself on the District
Of Columbia minimum wage law.
There is the New York State min
mum wage law for women which
Is still in the bao graces OF the
court-but that can be remedled
by New York's legislature copying
the Washington law.
Minimum Scale Upheld
If the court IS intent on clean.
ing up the social and economic
questions left ny its creation OF
that mo mans land" it certainly
has made good start by declaring
thai the States have the right to
regulate women's wages by setting
0 minimum standard.
In that washington State op1n.
ION the court made out as good
q case for the protection of women
in industry and work Of all sorts
as any reformer for social justice
could have done. It was a new idea
running through the majority
opinion; and it is what made Rep
resentative Maverick Of Texas say:
The court may not follow the
election returns, but it certainly
reads the newspapers"
Now that the Supreme Court
has said that States have the. right
to regulate women's wages, or set
minimum standards, the majority
Of Washington commentators be-
Meve the court is getting ready to
declare the Wagner labor act un'
constitutional.
State Jurisdiction
It will not be in the position, II
that is true, of having fixed it so
that neither States or Federal gov
eminent have any Jurisdiction over
labor and wages. AS it stands now,
at least the States have jurisdic-
ton over minimum wages for Wom-
en- and the Federal power in labor
disputes is before the court in a
suit under the Wagner act.
If the court knocks out the
Wagner labor act there will be
all the more pressure on Congress
by labor organizations to pass the
Presidents Supreme Court rejl-
venation plan Organized labor is
the only unit in the whole general
national community favoring and
working for the court plan. The
farmers, for instance, are split
over the proposal to pack" the
court and there is no solidarity in
the Democratic ranks.
Equal Responsibility
What President Roosevelt would
like to see, so it is reported. would
be labor laws putting equal respon-
sibility on labor unions and indus
trial corporations to keep promises
between employers and employees
and to keep an industrial peace.
The President is opposed 70
strikes, thinking they are waste.
full; and believes that if the Fed
eral Government could take both
sides by the nape of the neck. as
it were, and hold on to them long
enough, there could be an end to
strikes by labor and spying and
other unfair tactics by employers.
Foes ScOrned
The Presidents associates in
the labor field have said that he
had not much use for the sit.
down strikes but that he was not
going to be dragged into them by
political foes who had once re,
fused to aid him in the NRA days
Labor leaders close to the
President say that when NRA