Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-04-13

tfto LuOo DCpuf LHLeHL " Luhe
special assistants post in
Justice Department in order
that he might argue GoUern-
mentS cases in defense of la
| Dor relations act.-A. P. Photo.
Of factors giving rise to strikes in
virtually all Of the larger industries
OF the country
Despite the liberalty of its Ian
guage, however, the court sounded
note of warning in these words:
The authority of the Federal Gov
eminent may not be pushed to such
an extreme as to destroy the distinc-
ticn, which the commerce clause itself
establishes, between commerce among
| the several States and the internal
concerns of State. That distinc-
| ton between what is national and
what is local in the activities of
commerce is vital to the maintenance
of our Federal system"
/ Reviewing the extensive activities
of the steel corporation in numerous
/ States, the opinion added:
/ To carry out its activities $4,000
men mine ore, $4,000 men mine coal
! 1000 men quarry limestone, 5000
men manufacture coke, $4,000 men
manufacture steel and $4,000 men
! transport its product. The company
has about 10000 employees in its Ali
| quippa, Pa, plant, which is located
in community Of about 10000 per-
sons"
Lean to Conserving Acts.
! In another section of the opinion,
/ the Chief Justice answered assertions
/ by proponents of the Presidents bill
! that the court has erred in failing to
hold laws valid unless clearly shown
! to be otherwise. On this point, he
said:
The cardinal principle of statutory
construction is to save and not to
destroy. We have repeatedly held that
as between two possible interpretations
Of statute. by one of which it would
be unconstitutional and by the other
valid, our plain duty is to adopt that
which will save the act"
Mr.. Huhges asserted that the right
| of employees to organize and select
representatives of their own choosing
! for collective bargaining or mutual
protection is a fundamental right"
Employees have as clear q right to
! organize and select their representa-
tiveS for Lawful purposes" he declared,
'as the respondent has to organize its
business and select its own officers
and agents. Discrimination and CO.
ercion to prevent the free exercise of
the right of employees to self -organiza-
ton and representation is proper
subject for condemnation by compe-
tent legislative authority"
Has Power to Protect.
Turning then to consideration Of
the contention that while the act
might be applicable to workers ad-
mittedly engaged in interstate COM
merce, it could not be applied to those
engaged in manufacture the opin-
ion said;
THE congressional authority to pro-
tect interstate commerce from bur-
dens and distractions is not limited
to transa ctions which can be deemed
! to be an essential part of flow Of
interstate or foreign commerce. Bur-
dens and distractions may he due to
injurious action springing from other
sources. The fundamental principle
Is that the power to regulate COM
merce is the power to enact all ap-
propriate legislation for its protection
and advancement That power is
plenary and may be exerted to pro-
tect interstate commerce, no matter
what the source of the dangers which
threaten it."
The majority opinion made short
work of the argument that interstate
activities cannot have an effect on
interstate commerce that is subject to
congressional control.
That interstate activities" the
opinion asserted, by reason of close
and intimate relation to interstate
commerce, may fall within Federal
control is demonstrated in the case of
carriers who are engaged in both in
terstate and interstate transportation.
The close and intimate effect
which brings the subject within the
reach of Federal power may be due to
activities in relation to productive in
dustry, although the industry when
separately viewed is local. 1t is
thus apparent that the fact that the
employees here concerned were engaged
in production is not determinative.
Answers stopping Point" Argument.
Answering the contention that a
strike at the steel mill, described by
counsel as % stopping point" in the
flow of commerce, would not affect in
terstate commerce, the Chief Justice
said:
"* The fact remains that the
stoppage Of those operations (of the
steel MILD by industrial strife would
have most serious effect upon inter-
state commerce. In view of respond
ent's tar-flung activities, it is idle to
remote. 1t is obvious that it would be
immediate and might be catastrophe. "
The Chief Justice said experience
has abundantly demonstrated that the
recognition Of the right of employees to
self-organization and to have repre-
sentatives of their own choosing for
the purposes Of collective bargaining
is often an essential condition of in
dustrial peace. Refusal to confer and
negotiate" he added, has been one Of
the most prolific causes of strife"
After pointing out that the act does
not compel agreements between en-
ployers and employees, the opinion
turned to consideration of the charge
that it imposes too many obligations
on the employer and none on the en-
ploye.
"The act" he said, "has been criti-
cized as one-sided in its application;
that it subjects the employer to super