Evening star., 1937-02-09
BY JOHN H. CLINE.

OutWardly obliviouS to the bitter
struggle brewing across the way on
Capitol Hill, the Supreme Court JUS
tices were ready today to hear argu-
ments in the first direct attack on the
Wagner labor relations law.
AS the members OF the court filed
into the tribunal for the opening of
the noon session. congressional op-
ponents of President Roosevelt's re-
quest for authority to appoint six ad-
ditional justices to the high court un-
less those over 10 resign. rallied behind
the leadership of Senator johnson of
California and other influential Sem
ators determined to fight to the end"
to preserve the independence of the
judiciary.
Masking their reactions to this
struggle behind an air of judicial
aloofness, the justices were prepared to
take up the attack by the Associated
Press on the validity of the Wagner
act after hearing final arguments as
sailing constitutionality of the 1884
amendments to the railway labor act.
The court will hear 2ls hours of
argument attacking and defending the
railway legislation. turning then to
the suit by the Associated Press and
those of four other concerns question
ing the validity of the Wagner bill.
Importance to New Deal.
The rulings in these cases, which
may be announced within the next
month, will be of vital importance to
the New Deal and may well prove q
decisive factor in determining the
outcome of the struggle to overhaul
the personnel of the court.
James Piper of Baltimore, attorney
for the Virginian Railroad, which is
attacking the railway legislation, con-
tended yesterday that a forced con-
ference between employers and en-
ployes on labor disputes will not pro-
duce industrial peace"
The railroad company objects par
ticularly to sections of the bill re-
quiring collective bargaining with
back shop" employees, or those en-
ployed in roundhouses.
Frank L. Mulholland of Toledo. at
torney for group of employees of the
railroad, asserted the act was intended
to promote industrial peace by provid-
ing a method for adjustment of dis
putes.
Circuit Court Ruling.
Previously, the Fourth Circuit Court
of Appeals had directed the railroad
to bargain with designated represent
atives of that systems Federation No.
40 of the Railway Employees Depart
ment of the American Federation of
Labor.
Solicitor General Stanley Reed, ap-
pearing for the Government as q
friend of the court" will argue this
afternoon that the act is constitu-
tional. Another argument against the
law will be made by H. T. Hall, Roa-
noke, Va, representing the railroad.
During the argument yesterday
Chief Justice Hughes and Justices
McReynolds, Sutherland and Van De-
vanter asked technical questions to
clear up various points, but the ques-
tions gave no indication as to their
attitude.
Questioned by McReynolds and
Sutherland, Piper said that if certain
"backshop" employees were eliminated
from its effect the act would be q
regulation Of interstate commerce.
But he added that it abridged the
constitutional right to freedom of
contract"
Congress can 60 farther in regu-
lating interstate carriers than in regu-
lating private industry" he acknowl-
edged. But that does not commit
all of a railroads business to con-
gressional control"
In response to questions by the
Chief Justice and Justice Van De-
vanter, he said the railroad could be
restrained from coercion" but that
there was mo basis" for the decree Of
the lower court.