Evening star., 1937-05-30

questions in an intellectual vacuum"
Chief Justice Hughes took long step
forward and held that strife in manu-
featuring industries, If 1t has a sub
stantial, though indirect, effect on
interstate commerce, is subject to con-
yressional regulation. This set aside
the time-honored rule that only &C
tivities in interstate commerce or di-
rectly affecting it could be reached
by the National Government In the
opinion Of most constitutional law
yers, this far-reaching decision means
that the big industries are no longer
subject only to the will of one man.
or a small group OF men, but must
henceforth shape their policies to
conform to the expressed will OF the
Legislature.
The third decision came in the So
clal security cases. drafted to cushion
the hardships Of depression unem-
ployment and give some security to
Workmen when they become too old
TO earn their own livelihoods. Speak
ing for the court in upholding this
law. Justice Cardoza sale
The hope behind this statute is to
save men and women from the riRors
of the poor house as we'll as from the
haunting fear that such a lot awaits
them when journeys end is near"
Van Devanter's Farewell.
This language, more philosophical
than legalistic in tone. may appear
strange in q Supreme Court opinion,
but it indicates that human rights"
now stand on an equal footing with
property rights in the courts. 1t
sounds the death knell Of an industrial
era in which might made right and
too little attention was paid the eco
nomic longings of the great ma ajority
OF the people.
Still another factor lends unusual
significance to Tuesdays session, for
on that occasion Justice Willis Van
Devanter. scholarly 78-year -old men,
ber Of the court, will wear the judicial
robes Of Supreme Court justice for
the last time. A member of the So
called conservative bloc-the others
being Justices McReynolds, Butler
and Sutherland-Van Devanter will
retire Wednesday to lead the life OF a
country gentleman on his estate near
Ellicott City, Nd His retirement will
give President Roosevelt an opportu-
nifty to make his flrst Supreme Court
appointment since entering the White
House in 1888, and, it is expected, will
result In strengthening the recent
liberal trend of the court.
The six cases the justices before
adjournment will consent or refuse to
review are of great Importance to the
Roosevelt administration. Should the
laws involved be upheld. the stamp Of
judicial approval would be given to
the great bulk Of the New Deal pro-
gram. The cases awaiting action
involve:
l. Constitutionality of the 1885 vet
regulating public utility holding COM
panies, challenged by the Electric
Bond g. Share Co., and 26 subsidi-
aries.
2. Validity Of Government loans
and grants from P. w. A. or emer-
gency relief funds for publicly owned
power plants. The Alabama Power
Co. and the Iowa City Light IL
Power Co. contended they were
unconstitutional
3. An appeal by the Tennessee VAL
ley Authority from a Circuit Court
order for a trial in Eastern Tennessee
to determine the right Of T. V. A. to
continue operations in eighs States.
4. Two cases challenging constitu-
tionality of the Wagner act on the
ground that it makes no provision
for judicial review Of National Labor
Relations Board decisions as to whom
shall represent employees in collec-
tive bargaining.
S. A suit by Robert A. Taft Of
Cincinnati. son of the late William
Howard Taft, to collect SLOT interest
on q gold liberty bond called by the
Treasury in advance Of the maturity
date. Taft contended the Treasury
should pay of the bond In gold or
should be prohibited from calling 1t
before maturity.
6. An appeal by Gertrude Kay Of
New York, convicted of violating Sec
tions Of the home owners loan act
relating to making false statements
She contended creation Of the Home
Owners Loan Corp was illegal.