Evening star., 1937-04-13

result inconsistent with the mainte-
nance Of our Federal system In the
Carter case, supra, the court was of
the opinion that the provisions of the
statute relating to production were
invalid upon several grounds-that
there was improper delegation of
| legislative power, and that the re-
quirements not only went beyond any
sustainable measure Of protection of
| interstate commerce, but were also
inconsistent with due process These
| cases are not controlling here.
Effect Of Unfair Practices
In Respondents Enterprise.
Fourth. Effects OF the unfair labor
practice In respondents enterprise
Giving fun weight to respondents con-
tention with respect to break in the
complete continuity of the stream Of
commerce" by reason of respondents
manufacturing operations, the fact
remains that the stoppage of those
operations by industrial strife would
have most serious effect upon inter-
state commerce. In view of respond
ents far-fiung activities. 1t is idle to
say that the effect would be indirect
or remote. 1t is obvious that it would
be immediate and might be catas-
trophic. We are asked to shut our
eyes to the plainest facts of our ma
| tional life and to deal with the ques-
ton OF direct and indirect effects In
infanaptiIal
there may be but indirect and remote
effects upon interstate commerce in
connection with host Of local enter
prises throughout the country, it does
not follow that other industrial activi-
ties do not have such close and inti-
mate relation to interstate commerce
as to make the presence of industrial
strife matter OF the most urgent
national concern. When industries
organize themselves on national
scale, making their relation to inter-
state commerce the dominant factor
in their activities, how can it be
maintained that their industrial labor
relations constitute forbidden field
into which Congress may not enter
when it is necessary to protect inter-
state commerce from the paralyzing
consequences of industrial war? We
/ have often said that interstate COM
merce itself is a practical conception.
1t is equally true that interferences
with that commerce must be appraised
by judgment that does not ignore
actual experience.
Essential Condition
Of Industrial Peace.
Experience has abundantly demon
strated that the recognition OF the
right of employees to self Reorganization
and to have representatives OF their
own choosing for the purpose OF col
lective bargaining is often an essen
tial condition of industrial peace. Re
fusal to confer and negotiate has been
one Of the most prolific causes OF strife.
This Is such an outstanding fact in
the history of labor disturbances that
it is \ proper subject of judicial notice
and requires no citation OF instances.
The opinion in the case Of Virginian
Railway Co. VS.. System Federation,
No. 40, supra, points out that, in the
case of carriers, experience has shown
that before the amendment, of 1884,
of the railway labor act when there
was no dispute as to the organizations
authorized to represent the employees
and when there was a willingness Of
the employer to meet such represent
ative for a discussion of their griev-
ances, amicable adjustment Of differ
ences had generally followed and
strikes had been avoided" That, on
the other hand, 81 prolific source Of
| dispute had been the maintenance by
the railroad of company unions and
the denial by railway management Of
the authority Of representatives chosen
by their employees" The opinion in
that case also points to the large
measure Of success of the labor policy
embodied in the railway labor act
But with respect to the appropriate
ness Of the recognition of self -organi-
zation and representation in the pro-
| motion of peace, the question is not
essentially different in the case of en-
ployes in industries Of such q charac-
ter that interstate commerce is put in
Jeopardy from the case of employees Of
transportation companies. And of
what avail is it to protect the facility
| OF transportation, if interstate COM
merce is throttled with respect to the
| commodities to be transported!
These questions have frequently en-
gagged the attention of Congress and
have been the subject OF many in
quiries. The steel industry is one of
the great basic industries of the
United States, with ramifying activ-
tiles affecting interstate commerce at
every point. The Government aptly
refers to the steel strike Of 1919-192O
with Its far-reaching consequences.
The fact that there appears to have
been no major disturbance in that in
dustry IN the more recent period did
not dispose Of the possibilities of fu-
ture and like dangers to interstate
commerce which Congres was entitled
to foresee and to exercise its protective
power to forestall. 1t is not necessary
again to detail the facts as to re-
spondent's enterprise. Instead Of be-
ing beyond the pale, we think that
1t presents in most striking way the
| close and intimate relation which q
manufacturing industry may have to
interstate commerce and we have no
doubt that Congress had constitu-
tional authority to safeguard the right
OF respondents employees to self-or-
ganization and freedom in the choice
Of representatives for collective bar
gaining. .-' -r.-
Fifth. The means which the act en-
ploys-Questions under the due process
clause and ether constitutional rsstrie-