Evening star., 1937-06-02

Continued From First PageD
Emphasizing that the present measure
does not contain the voluntary" fea-
lures Of N. r. A. code making, jack
son declared he saw no parallel with
the N. R. A."
Denies "Employers' Whims"
This is distinctly an effort to take
into control of the Nation the stand
ards Of interstate commerce and not
to leave them to whims of any group
of employers" he added
Senator Black. Democrat, Of Ala
bama, and Representative Connery.
Democrat, of Massachusetts,. sponsors
OF the legislation. Immediately sup
ported the contention Of the witness.
Armed with a carefully prepared
analysis OF the bill and legal prece-
dents on which its defense will be
based, if necessary. Jackson disclosed
that six differing judicial theories OF
commerce power are written into the
present administration draft in hope
Of avoiding any sweeping invalidation
Of the legislation.
Speaking optimistically Of fash Of
liberalism that illuminates a judicial
record otherwise pretty black for labor,
we may reasonably hope that after
being baked score OF years. Con-
gress will now be sustained in adding
to the list of interstate contraband
what Mr. Justice Holmes so aptly
called the product of ruined lives, and
in esta blishing commerce among the
State on the basis of industrial justice
to disadvantaged men," Jackson said.
Jackson Only Witness.
jackson was the only witness today
as Dr. Claudius T. Murchison. head
of the Cotton Textile Institute. was
forced to delay his appearance.
Swinging into his detailed defense
working standards. Jackson quoted
Chief Justice Hughes in the case Of
Kentucky Whip Co. VS.. Illinois Gen.
tral. as follows:
The Congress in exercising the
powers confided to it by the Con-
stitution is as free as the States to
recognize the fundamental interests
Of free labor"
The power confided to Congress,
which this bill proposes to exercise
and in exercising to recognize the
fundamental interests of free labor,
is the expressly given power to regu-
late commerce among the several
States" Jackson continued.
The Supreme Court has upheld
various types of regulation of inter-
state commerce upon several distinct
constitutional theories. The attempt
is to consolidate in a single bill all
hopeful approaches to constitution
ality. each complete in itself. so that
If one or more falls at the hands
of the court we will not be left for
an interval while new bill is be-
ing adopted. The result is that there
in some overlapping in its provisions,
but no inconsistency in the opera
ton or its objectives.
Different judicial theories of the
commerce power which this bill in
vokes may be classified as follows:
Il. There is the power directly to
regulate or prohibit movement across
States lines of goods deemed for any
reason to offend against sound ma
tional policy. This power has been
applied in many cases and denied in
but one-the famous child labor case
to be discussed later. This bill in
vokes that power to regulate and
prohibit by directly forbidding trans
portation Of the products Of the labor
of children under Is years of age,
which ought not to be accepted in
any fair market, and products made
under conditions where workers are
denied the right of self Reorganization
by fear of labor spies, and where
their right to strike and to enforce
collective bargaining is rendered in
effective by the use of professional
strikebreakers. Such use Of espionage
and of professional strikebreakerS Is
both a provocation of violence and
an excuse for it, and ofends against
our national policy.
q. Congress has the power to regu-
late competition in interstate COM
merce. It has exercised this power
without question since the adoption OF
the Sherman antitrust act In 1890
and again through the Clayton act
and the Federal Trade Commission
act.
"3. The power to regulate COM
merce includes the power to eliminate
labor conditions which lead to labor
disputes which will directly burden or
obstruct commerce. (National Labor
Relations Board vs.. Jones & Laugh
linz This power is invoked in elimi-
mating excessive hours. inedaquate pay
and child labor in 50 far as they tend
to provoke such labor disputes.
=. The power to regulate commerce
is held to include the power to pro-
hibit transportation of goods into
States in violation of the laws of such
States and making interstate goods
subject to such State laws. This doc
trine is supported by the decisions in
volving prison-made goods.
This bill invokes the constitutional
power by prohibiting consignment of
goods into a State If produced under
conditions that would have been un-
lawful within that State.
Interstate Commerce Ruling.
IS. The power to regulate commerce
has been held to include power to
eliminate condition which Affects
the movement Of goods, the price Of
goods or which causes undue price
fluctuations in interstate commerce.
| (&dar Hill
Oil L. An