Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1937-04-22
SOCIAL SECURITY is IN
FULL SWING

Il VIC iedu III the papers CnaJ led
eral circuit court of appeals in Mas
sachusetts, by two to one decision
has held the National Social Secur-
lty Act unconstitutional.
This is balanced by previous de-
cision of another federal circuit
court, in Louisiana, which held ex-
actly the contrary.
Finally this whole matter will be
| ruled upon by the supreme court of
the United States, where it will be
decided probably by split-court
decision.
Final decision will come months
| hence.
In the meantime the whole Social
Security Act is the law of the land,
affecting directly or Indirectly the
lives and fortunes of every citizen.
The background-Th Social Sc
curity Act was passed by congress in
August, 1885, by Overwhelming ma
lorities that disregarded party lines.
The house voted for it 372 to SO.
and the senate II to s.
Taxing under the unemployment
insurance provisions began as of
Jan. /, 1886. Tax payments unde.
the old age benefits provision began
this year
Business has adjusted itself TO
these taxes, and employees covered
by the act this year began contribut-
ing one percent of their salaries or
wages toward old age benefits and
commenced figuring the future OF
the law into their assets.
In the Gp11, nnc+ ofe;ao
Postmaster Mccoy who has charge
of the local registration Of employees,
tells me there are now 100000 reg
istered
Into the office of the collector Of
internal revenue here, employers
and employees together have paid
hundreds of thousands of dollars.
And employers have paid other hun
dreds of thousands into the state
unemployment fund.
. Already, B. d. Waechter, in
charge of the federal social security
board, 1886 Rowlands building, tells
me claims are being filed under the
old age benefit provision. Those
covered by the act who have become
65 since Jan. /, last, are eligible for
small lump sum payments.
The social security law is the an
sWer to the cry of the people that
1t (the depression) shall not happen
again. 1t is a legislative attempt to
cushion, if it cannot prevent, the
"neXt depression It is long range
social planning against work in pc
riods of unemployment and in old
age.
at'c roca pitulata.
The law was passed overwhelnl-
ingly by congress.
1t was made a major issue in the
national election of 1886 and was
overwhelmingly approved by the
people.
1t is in full operation.
Yet the supreme court is still to
decide whether or not it is constitu-
tional.
1t seems to me there ought to be
some way of getting the constitu-
of so important and far
reaching a law as the Social Secur-
ity Act tested before it is put into
effect
AS matters stand, any law passed
by congress is supposed to be con-
stitutional until somebody starts q
suit against it. Then this suit must
drag through the courts until
later, maybe years, the su-
preme court hands down its dictum.
I have heard it said that congress
should not pass unconstitutional
laws. But how is congress to know
You may note that judges do not al
ways agree. The law finally is what
a majority of the supreme court |
justices says it is. And not infrc-
quently it is majority Of one.
Granted it is physically impossible |
for the supreme court to give ad-
vance or advisory opinions on all
laws passed by congress. Yet it
seems that sweeping acts which af-
feet national policy as we'll as the
fortunes of millions of citizens are
important enough to deserve spc
cial treatment. Let such law, up |
en- passage, Immediately be taken ID
the supreme court with time limit |
(say 80 days. in which a decision !
must be rendered upon the constitu-
tionality of the principles involved.
Some lawyers may summon argu-
ments against this idea, but to the |
lay mind it seems just common |
F. Busey, District |
Collector of Internal Revenue.
Editors Note: This paper has |
for a number of years advocated |
that the supreme court should pass |
upon the constitutionality of acts Of |
congress before they can become a |
law, rather than the present plan of |
until after laws are in ef- |
feet, before ruling upon them.