Evening star., 1937-05-23
SOCIAL SECURITY
RUL|NGPOSS|BLE
Supreme Court May Decide
OId'Age and Unemp|oy.
ment Questions,
BY JOHN H. CLINE.

ment Questions.
BY JOHN H. CLINE.
Drawing rear the end of an
epochal term that has made the
country Supreme Court conscious" to
an unprecedented degree, the nine
justices Of the high tribunal will
assemble tomorrow for a session that
may bring a decision on constitu-
tionality of the far-reaching social
security act.
Should the court uphold this basic
law Of the New Deals program of
social legislation, it would give the
Roosevelt administration an unbroken n
record OF victories in litigation reach
ing the tribunal this term.
Tomorrow's meeting, incidentally,
Will mark the 9th birthday anniver.
sary Of Associate Justice Cardozo.
newest member OF the Brandeis, Stone
and Cardozo liberal bloc.
Involved in the social security liti-
cation Is the validity OF the old-age
benefits and the unemployment COM
pensat1on sections OF the law. The
| court also must determine the legality
OF the Alabama State unemployment
insurance law, enacted In compliance
with the Federal statute. About 26.-
100000 workers and 100000 en-
ployers will be affected by the decision,
which. II it is not announced tomor-
row, must be handed down Tuesday,
June l, the last day of the term.
Developments Of Term.
The current term of the court,
marked by greater public interest In
Its proceedings than at any time since
the Dred Scott decision, has produced
four significant developments. These
are:
l. The drive by President Roosevelt
to secure passage Of a bill that would
give him authority to name six new
justices to the court unless present
members over 10 retire.
2. The open defense OF the courts
efficiency before the Senate Judiciary
Committee by Chief Justice Hughes
and his plea for maintenance OF an
independent judicial system in an
address at the annual meeting Of the
American Law Institute. This was
one OF the rare occasions in our his
tory when Chief Justice has come
to the defense OF the court, either
directly or indirectly, while it was
under fire.
3. marked liberal trend in the
rulings OF the court as evidenced by
the Wagner act decision and the re-
versal of the 1923 prohibition of mini
mum wage legislation.
4. Ihe announced retirement of
Justice Van Devanter one of the four
rreconclleable' conservative members
OF the court. Justice Van Devanter's
actlon was unusual in that he an
nounced his intention to retire :Wo
weeks before he would leave the bench
IL mas been the custom of retiring
Justices to wait until they are ready
10 DOH their judicial robes and then
INFORM the President OF their inten-
ton, leaving it to him to make the
announcement.
Significant in History.
These developments, however thew
may be viewed by contemporary par
tlsans, will constitute a highly sienif1-
cant chapter IN American history. for
they are but the outward evidences of
bitter struggle between the execu-
tive and judicial branches of our GOV
ernment. Regardless of which wins,
the future of the country will be pro-
1oundiy affected for years to come.
IN this situation, the ruling on So
clal security embraces a greater sig.
nlf1cance than that involved in the
Importance of the legislation itself.
Friends OF the court say a favorable
ruling will knock the last pi op from
under the Presidents program. while
an adverse decision, especially if of the
5-to-4 variety, would undoubtedly spur
the demand for infusion of new
blood" in the judiciary.
The trend of the court toward lib
erality, resulting largely from the po-
sition taken by Justice Roberts, is best
illustrated by the fact that prior to
this term the New Deal had lost II of
13 cases, while it has emerged VIC
torious in all major disputes since.
Revenues Near Billion.
Revenues from social security taxes
are expected to be nearly one billion
dollars during the next fiscal year
This means that the Treasury De-
partment, as we'll as the Social Sc
curity Board, is awaiting the ruling
with acute anxiety. Loss Of these
revenues would force the administra-
ton. which now hopes to postpone tax
legislation until next session. to ask
for com2ensating taxes at this session
OF Congress, a dire political prospect
with an election in the ofing.
Justice Cardozo, bachelor, took
his seat on the court in 1882, making
him the youngest justice in point of
service and the third youngest in
years. He was chief Judge of the
New York Court of Appeals when NOM
mated to the high bench by President
Hoover
Reputedly the possessor of one of the
country's best legal minds. he asks few
questions from the bench. but these
are clear anG penetrating. and his
opinions are written in precise, schol-
arly fashion.
1t was understood that he plans no
celebration Of his birthday anniver-
sary.
MAN 81 AIN BY OFFICER