Evening star., 1937-01-04
THE POLITICAL
MILL ..
BY G. GOULD LINCOLN.

Of q constitutional amendment giving
either to the Federal Government or to
the States the power to legislate con-
corning hours Of labor and wages Of
the workers. Coming from Robinson the
announcement is twice significant. First.
because he Is the leader Of the Senate
and an administration man. Second,
because he is no visionary New Dealer
but Is considered as one OF the more con-
servative followers Of the President. His
pronouncement does not mean, of itself,
that the President Is planning to back
q constitutional amendment. On the
other hand 1t might well mean that the
administration Is about ready to come
forward with proposal to extend the
legislative power so as to deal with the
conditions Of labor-and perhaps the
conditions Of industry.
- -
During the campaign last Summer and
Fall the opponents Of the administration
constantly demanded that the Presi-
dent tell the country whether or not
he proposed to amend the Constitution
so as to make some OF the New Deal
laws stand up In the courts. The Presi-
dent made no reply. He did. however.
in his final campaign speech declare
that the fight would 60 on to lessen
hours OF labor, do away with sweatshops
and child labor and fix minimum wages
for the workers. Only few days ago.
the President. at a press conference.
reiterated his belief that something must
be done along these lines. The Demo-
cratic platform Of 1886 carried a half
promise that q constitutional amend
ment would be attempted. That docu-
ment said: 1T these problems cannot be
effectively solved by legislation within
the Constitution, we shall seek such
clarifying amendment as will assure to
the Legislatures Of the several States
and to the Congress of the United
States, each within its proper jurisdic-
ton. the power to enact those laws which
the State and Federal Legislatures. with
in their respective spheres, shall find
necessary in order adequately to regulate
commerce. protect public health and
safety and safeguard economic security"
**A
Senator Robinson. judging from his
statement, has reached the conclusion
that the only feasible way to meet the
demand for legislation dealing with
hours and labor and wages is through a
constitutional amendment. The decision
OF the Supreme COurt-unanimouS on
that occasion-holding the N. r. A..
unconstitutional and its later decision
throwing out the Gufiey coal act. called
sometimes the little N. r. A." has left
him no doubt about this, and also the
courts decision in the minimum wage
case coming from New York.
It is one thing to favor an amendment
to the Constitution. 1t is another to
write a specific amendment. So far
neither Robinson nor the administration
has advanced the text of such an amend
ment. No one knows how far It would
go. No one knows to what extent amend
ments enlarging a proposed constitu-
tional change would 60. There are Sem
ators and members Of the House who
dislike the idea of tinkering with the
Constitution. Senator Van Nuys, Demo-
crat, of Indiana, at the same time Sem
ator Robinson was giving it IS his
opinion that the better way to tackle the
question of legiSlating regarding hours of
labor and wages would be through .
constitutional amendment. declared his
opposition to tinkering with the funda-
mental law of the land. There are others
who cling still to the idea that by writing
laws within the meaning of the Consti-
tuition" the problems which confront the
Nation today may be adequately handled.
Senator Borah of Idaho. for example,
has continued to insist that he sees no
present need Of a constitutional amend
ment.
When q constitutional amendment
putting into form the proposal to allow
the Congress to pass laws relating to
labor and industry is finally drafted
If it is-there will be a long discussion
of the liberties of the people and the
individual which may be broken down
under the grant OF such power. 1t Is
not an easy question. Any amendment
that would permit the Federal Govern
ment to 60 the same lengths as the
N. r. A. sought to 60 In dealing with
industry and labor needs consideration.
and plenty Of 1t, before 1t Is submitted
to the States by Congress for ratification.
Members of the Supreme Court, includ-
ing those who are considered most lib
eral, attacked the powers which that law
seemed to give and which the admins
tratiOn sought to exercise as tyrannical.
Il
If constitutional amendment is to be
sponsored by the administration and by
its leaders in Congress, there will be Z
strong demand that 1t be wide enough to
cover legislation for agriculture as well
as industry: that the power be given to
Congress to curtail and control crop
production. The President and his sup
porters have constantly declared the
need of proper control Of crops. SO that
overproduction may not beat down the
prices Of farm produce. Here is the old
question Of prosperity through scarcity.
which seems ill-advised and which Ger
tainly has been attacked vigorously from
one end of the country to the other.
Involved in all the proposed regulation
OF the mill and the farm and labor Is
the question also Of administration, with
thousands upon thousands OF persons
taking part as agents of the Government
in such administration.
$3.50
II the country has come to q situation
where only the Federal Government can
deal adequately with these economic
problems; If the sentiment Of the people
Is for such control, then obviously the
people will have this kind of government.
It is within their power to amend the
Constitution-as they have before. They
have seen one amendment to the Con-
stitution-characterized as q "nOble ex-
periment"-tried out and then cast
aside as q failure. The legal cure was
worse than the disease, the majority Of
the people finally decided. Certainly the
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