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


burdened or INSTRUCTED the flow O
products; or affected. burdened or OBJ
structed the flow Of interstate com
merce, or tended to do so.
The board concluded that the cloth
ing company had Disseminated in re
spect to tenure and employment ant
thereby had discouraged membership
in the union; that it had interferec
with, restrained and coerced its en-
ployes in violation of rights guaran
teed by section of the national labo,
relations act; that these acts occurred
. the course and conduct of commerce,
among the States, Immediately affec
employees engaged in the course anc
conduct of interstate commerce, ane
tend to lead to labor disputes burden.
ing and obStructing such commerc,
and the free flow thereof.
An order followed, March %. 1886
which commanded immediate rein.
statement of eight discharged EN-.
ployeS and payment of their losses
also that the company should cease
and deslst from discharging or dis.
eliminating against employees becaus,
OF connections with the union, shoule
post notices, etc. On the same day
the board filed a petition asking en-.
forcement of the order in the United
States Circuit Court of Appeals (Sec.
ond Circuit) at New York, which wa.
denied July 10, 1886
Question on Congressional Power.
The precise question for us to de.
termine is whether in the circum.
stances disclosed Congress has powe,
to authorize what the Labor Boarc
commanded the respondent to do
Stated otherwise, in the circumstance.
here existing could Congress by stat
ute direct what the board has ordered
X
Any effect on interstate commerce
by the discharge of employees shown
here, would be indirect and remot,
IN the highest degree, as considera
ton of the facts will show. In No
4l9 ten men out of 10000 were dis
charged; in the other cases only &
few. The immediate effect in tn,
factory may be to create discomfort
among all those employed and 6
strike may follow, which, in turn, ma,
result in reducing production, which
ultimately may reduce the volume O
goods moving in interstate commerce
BY this chain of indirect and pro
gressiVely remote events We finall,
reach the evil with which it is sait
the legislation under consideration
undertakes to deal. A more renot,
and indirect interference with inter
state commerce or a more definite in.
vasion of the powers reserved to tn.
States is difficult, if not impossible
to imagine.
The Constitution still recognizes
the existence of States with indie.
structible powers; the tenth amend.
ment was supposed to put them be.
yond controversy.
We are told that Congress may pro.
tect the stream of commerce" ane
that one who buys raw material with.
out the State, manufactures it therein
and ships the output to another State
is in that stream. Therefore it /!
said he may be prevented from doinl
anything which may interfere with
it's flow.
This, too, goes beyond the constitu
tional limitations heretofore enforced
4 X
And if this theory of a continuou
stream of commerce" as now defined
is correct, will it become the duty o
the Federal Government hereafter t,
suppress every strike which by pos
sibility may cause blockade in tina
stream?
No such continuous stream i
shown by these records as that which
counsel assume
No Reasonable Grounds.
There is no ground on which rea
sonably to hold that refusal by a man
ufacturer, whose raw materials com,
from States other than that Of hi
factory and whose products are regu
larly carried to other States, to bar
gain collectively with employees in hi
manufacturing plant, directly affect
interstate commerce.
X X
1t is gravely stated that experience
teaches that if an employer discour
ages membership in ANY organization
Of any kind" Sin which employe
participate, and which exists for tn
purpose in whole or in part Of dealing
with employers concerning grievances
labor disputes, wages, rates Of pay
hours of employment or conditions o
work" discomfort may follow. and thi
in turn may lead to a strike, and a
the outcome of the strike there ma,
be block in the stream of interstat
commerce. Therefore Congress ma,
inhibi the discharged Whatever effec
any cause of discomfort may ulti
mately have upon commerce is IA
too indirect to justify congressional
regulation. Almost anything-mar
riage, birth, death-may in SOM
fashion affect commerce.
Power in Direct Interference.
That Congress has power by appro
pirate means, not prohibited by tn
Constitution, to prevent direct an,
material interference with the con
duct of interstate commerce is Settle,
doctrine. But the interference struc]
at must be direct and material, no
some mere possibility contingent o.
wholly uncertain events; and ther
must be no impairment OF rights guar
anteed.
The things inhibited by the labo
act relate to the management of
manufacturing plant-something dis
tinct from commerce and subject t,
the authority of the State. And thi
may not be abridged because of som
vague possibility of distant iriterferanc
with commerce. a.
The right to contract Is fundamental