Evening star., 1937-04-10
SOCIAL SECURITY
ARGUMENT ENDED
Fate of Law Up to Supreme
Court-Jackson Makes
Final Plea.
By the Associated Press.

O5 LAS hoSOSldlcO EIeSS,
The fate OF the social security law
rested with the Supreme Court today,
arguments in case challenging its
constitutionality having been con-
cluded late yesterday.
In the final discussion, which pro-
duced conflicting questions from men,
bers OF the court, Robert H. Jackson,
Assistant Attorney General, said a de-
cision upholding the act would be "the
greatest contribution during this gen.
Grafton to the art of government in
this country"
Neil P. Sterne, attorney for the
Charles c. Steward Machine Co. Of
Alabama, denounced the law, contend
ing it illegally coerces the State to act
as the Federal Government wills.
The law imposes pay roll tax on
employers and 80 per cent OF the
amount collected under the unemploy-
ment insurance section reverts back to
those States which pass unemployment
compensation statutes that are ap-
proved by the Federal Social Security
Board
A decision is possible April 26.
Asks About School Control.
While jackson was arguing Justice
Butler asked whether the principle
OF the legislation could not be en-
ployed by the Federal Government to
regulate schools.
I suggest it is not fantastic to say
that If one is within the reach of
Congress the other is not far removed"
he asserted, raising his voice.
Justice Brandeis commented:
The question before the court is
whether this particular purpose and
limitation exceeds the power of Con-
greSs. 1t Is very interesting to con-
slider, as an academic matter, where
to draw the line, but find it dif1icult
TO see where that is reletad to the
question before U.S."
1 am sure you are not inviting US
to look at this through keyhole."
Butler replied.
The audience laughed at the ex-
change.
Later Brandeis questioned Sterne
concerning the attorneys statement
that the Federal Government had no
power to provide relief unless the ex-
istence of the Government itself and
its people is threatened.
Does the Federal Government. I"
Brandeis asked, have to fold It's
hands and hope that If another de-
preston develops it will be met we
know not how? Doesn't such a thing
as preparedness exist?"
THE Government Is attempting to
deal with perfectly practical situa-
tion that has to be dealt with il we
are to handle intelligently important
governmental problems" Brandeis
added.
Sterne replied that he thought 1t a
problem for the States to handle.
"And the Federal Government can
do nothing to induce the States to
act?" Rrandeis inquired.
mot by oonstraint or coercion or
compulsion," Sterne said.
At this point, Justice McReynolds.
who has voted against more admin
istration laws than any other member
Of the court, asked what would be the
result to Alamaba If the State had not
passed an unemployment compensa-
ton act
1T would lose 100000 per an
num-" Sterne replied.
Doesn't that occur to you as being
some compulsion?" McReynolds in
quired.
1T Is so much compulsion that I
am here asking to be relieved OF it."
Sterne said.
Earlier in the day, Charles E. Wy
zanski, jr., special assistant to the
Attorney General, argued that the leg
islation promoted the general welfare
protecting the unemployed against
| hardship.