davidaulloa/AmericanStories huggingface dataset:
Evening star., 1937-04-01

is that the man who has nothing risks
nothing when he looks for trouble.
So Homer Martin, the strike leader IN
Detroit, is carried on the shoulders OF
his admiring fellow workers either on
strike or eager to strike. And when
he says that I'VE laborers are going
to get what is ours" they cheer. Be-
cause they are living on their emo
tions. Fear, one OF the strongest Of
human emotions, always is with them.
Bonds Reflect Timidity.
Another evidence Of the presence Of
an abysmal uncertainty on the road to
business is the way the price Of Gov
ernment bonds jiggles up and down
and all around. Apparently those
bonds that are bubbling in the specu-
lative market have the same psyche
logical reflexes that labor has, and, in
the reverse, the price of bonds indi-
Gates the same timidity which may
have been in the heart Of Mr.. Ford
when he vetoed the order to speed up
production.
The President has not conquered
fear Wherever dollar goes, fear
follows. The banks are full Of unused
money. The country is years behind
in its housing problem. Heavy indus
try has its nerve, and is going ahead
Perhaps the certainty of war is so
much greater than the certainty Of
peace that heavy industry can afford
to throw dull care to the winds. But
except in the market for scrap iron
and those things which make the i'm
plenents of sudden death, much of
American industry is going through
the valley Of the shadow of the jitters
The most obvious phase of the pre-
vailing fear in American life being on
the labor front, manifest in this sudden
craze called the sit-doWn strike, it will
pay to consider for moment the two
reasons why labor is frightened. Two
specters stand across the path of
labor's prosperity; first, obviously. the
millions Of unemployed. The fact that
these unemployed do not starve does
not make the spectacle of the unem-
ployed less appalling. Their condi-
ton, socially, morally and economic
ally, gives labor the horrors. Secondly,
the tremendous rapidity with which
Evening star., 1937-04-01

the ONCE Of the chief OF the CORDS
has been ordered by the War De-
partment.
Maj. Austin w. Martenstein will
report here about April 20 for tenn
porary duty in the chiefs Office and
will be transferred in August to the
Army War College as q student in
the 1878 course.
Capt. James T. Cumberpatch will
come here for duty in the chiefs
Office on completion Of his present
course as student in the Command
Evening star., 1937-04-01
BY WILLIAM ALLEN WHITE.

WILLIAM tfAALlN VIII
An interesting letter came to my
desk this week. 1t was from the sales
manager of the Ford Motor Co. In it
he declared that when the strike was
called on General Motors the Ford
people were behind with their orders
and yet were running nearly thou
sand cars day under the plant ca
pacity.
He also stated that, despite the OBJ
vous advantage to the Ford company
in that hour, Mr.. Ford personally
vetoed a suggestion to put the plant in
capacity production in order to dis
advantage his hardest competitor
During the entire time of the General
Motors strike the Ford sales manager
had to sit by and see the plant jog
ging along at only a comfortable rate
of production.
Why" one asks. Probably, aside
from the innate decency of self-re-
straint, Mr. Ford realized that he
could not afford to rock the boat. And
certainly it would have rocked the
boat if the General Motors Co., resent
ing Ford's activity, had started COM
petitive price war after it recovered
from the strike. That was easy to
forecast.
Uncertain Times.
Throughout she world, in the higher
reaches Of industrial finance, one ter
rible fact lies in the consciousness Of
the thing known as big business like
a thorn in the flesh-the conscious
ness that these are ticklish times. In
a word, uncertainty. That same un-
certainty is in reflex action back of all
the labor unrest, back of all the sit
down strikes and the whole mani
festation of the proletarian distrust Of
American capital.
One of the differences between the
man who has something stored up for
q rainy day and he who has nothing
Evening star., 1937-04-01

And the while the American people
look at the spectacle in dazed con-
fusion and wait for the earthquake,
chewing gum, with their most serious
conscious problem only the price Of
this years car model to blur the rain
bow.
(Copyright, 1887, BY the North American
Newspaper Alliance Inc)
Evening star., 1937-04-01

and General SIaf1 School, Fort
Leavenworth, Kans.
Maj. Emil c. Kiel, formerly on duty
here, has been aSsined to command
the 9th Observation Squadron.
Mitchell Field, N. Y, on completion
OF the course at the Comand and
General Stan School.
Evening star., 1937-04-01
LABOR FEAR LAID
TO UNCERTAINTIES
U. S. Seen Walking Through
Valley of Jittery
Times.

This is the fifth OF series OF
articles BY Mr.. White on the
changing industrial scene in the
United States. The ,Driter has talk
ed NTH many leaders OF labor and
industry in gathering material for
this series, subsequent articles OF
phich ,Diu appear in The Euening
Star,
Evening star., 1937-04-01

Spalding, England, is sending 500.
900 tulips and daffodils to market
daily.
Evening star., 1937-04-01

No question about it! Only Royal can give you Touch
Control available Standard and De Luxe models).
Amazing! Sensational! With your finger you instantly
and visbly adapt the key-tension to your "touch."
Finger Comfort Keys, too, exclusive with Royal
Noneare, they minimize eye strain! Formed to fit the
6nser-tps, they aid to fast, accurate tipping.
Evening star., 1937-09-14

these are now, as in the past, the
surest guarantees of its enduring vi
tality. May we be wise enough tc
find in its generous grants of power
the means to achieve our ideals OF
social justice"
Full Text of Speech.
The full text of the Solicitor Gen.
erals speech follows:
Ladies and gentlemen of the audi
ence of the air:
The opportunity of speaking to you
upon The Constitution" through the
facilities of the National Broadcasting
Co. and The Stars National Radio
Forum is one which I deeply appre-
ciate. The conjunction of the 150th
anniversary of the signing of the
Constitution and popular interest in
It's provisions, as applicable to the
problems of today, focuses the atten-
ton of the Nation upon our organic
law. Its history, its Interpretation.
It's adaptability to modern needs and
the question of further amendments
are attracting the careful attention
OF thoughtful people. 1t is most
important that this critical examina-
ton should be made with a thorough
understanding of the instrument itself
and with the dispassionate attitude
OF searcher for the truth.
The Constitution was drafted in the
hope that its adoption as the basis
Of ITn1ny, o1l i,
chaos of the post-revolutionary con-
federation. That hope has been abun-
dainty justified. Notwithstanding the
striking and far-reaching changes that
the world has witnessed in political
PHILOSOPHERS, in economic conditions
and in social relations, during the past
century and half, our Constitution
with only minor amendments-persist
as the declaration Of the fundamental
principles by which the American
people are willing to be governed.
Universal acceptance of these prin-
ciples has resulted in a politically
homogeneous state. Such disagree
ments as exist are as to the efficacy
or desirability of policies. as to
whether the powers are lodged in State
or Nation. Never do they turn upon
the question of whether we should
proceed within or without the terms
OF the Constitution No common
ground for discussion Of it's applica-
ton can be found, unless it is con-
ceded that all seek to obtain their
objectives within the broad limits of
Its provisions. Likewise no common
ground can be found for such dis
cussion unless we keep constantly
aware Of the nature Of the Constitu-
ton, that it is not the exclusive
bulwark of any group or any interest
Or any social philosophy.
No Special Theory Espoused.
"A Constitution said Mr.. Justice |
Holmes, "is not intended to embody |
a particular economic theory, whether
OF paternalism and the organic rela-
tionship of the citizen to the State |
or Of laissez faire." With that truism
all commentators agree. The Consti-
tuition is not code of laws drawn |
with the certitude of a statute regu-
lating private conduct. While some
OF its requirements are exact, the
delegations and limitations of powers
about which controversies center are
in the broad terms of general |
Evening star., 1937-09-14

unreasonable subordination to the
superior Federal powers, where their
jurisdiction Is concurrent, is utterly
improbable, because the States, through
members of Congress and an Execu-
tive selected by and responsible to
them, completely dominate legislation
and administration.
No one doubts the principle that
Federal legislation directed at regula-
ting of matters left to the control of
the States is invalid It is the use
OF this principle to nullify legislation
when there is doubt as to the destruc-
tive effect on State sovereignty that
raises questions as to the soundness
OF the judicial conclusion. The A. A.
A. act fell by sharply divided court
before the doctrine of implied coer-
cion.i' This doctrine, by the subse-
quent decisions in the social security
cases, - lost much Of its vigor. BY the
precedents, further legislation must
thread the narrow passage between
coercion and inducement. Such a
difficult voyage may, however. be
avoided through the acceptance by
the court Of the robust common
sense"a OF the minority opinion in
the A. A. A. case. The States and the
Evening star., 1937-09-14

Through some changes in the mem
bership of the court, through other
changes in the views of justices who
remained on the court. and in all
cases but one by aedivided court, the
right Of State to prescribe maximum
hours for industrial labor was
established. In the course of that
development We find opinions adopted
by majority of the justices which
are irreconcilable with majority opin-
ions delivered at other times.
Barrier on Wages Persisted.
Although the right Of State to leg
islate with respect to hours of employ-
ment was thus firmly fixed. a barrier
long persisted with respect to similar
legislation dealing with wages. Legis-
lation establishing minimum wages for
women was held to be unconstitu-
tional," because the statute took
account only of the necessities of the
employe and did not consider the
value of the services rendered. The
constitutional wall against such legis-
lation was built bit higher in the
New York case of Morehead VS.. IT,
paldo," decided at the 1885 term.
which held unconstitutional a State
statute providing for the payment of
minimum wages to women both on the
basis of the necessities of the employe
and of the reasonable value of the
services rendered to the employer.
Within year, however, these walls
collapsed. BY S to 4 the Supreme
Court last March swept aside its
earlier decisions against such legisla-
ton and validated the Washington
act providing minimum wages for
women. "'' Hours and pay may be
constitutionally regulated.
Like wages and hours. labor's right
to organize has had hard struggle
for recognition. Protection from dis
elimination because of union activity,
denied in earlier cases." was finally
given in the Railway and National
Labor Board cases.
These illustrations of the uncer-
tainty of constitutional interpretations
are not exhaustive. Public works in
the early part of the last century ran
the same gantlet. The proper mean
ing Of the general welfare clause has
only recently received consideration. 80
Many other examples less we'll known
could be cited. The final outcome has
not always been so we'll accepted as
in the instances just named. The
Dred Scot decision on the extension of
slavery contributed to the Civil War;
the invalidation of the income tax
necessitated change in the Consti-
tuition; and the adverse opinions as
to child labor legislation brought on
the submission of the long pending
amendment to authorize its enactment.
Certainly 1t is quite clear that social
and economic progress can only be
made in the face of the most vigorous
objection from opposing interests as
to the means to be employed
How then are these uncertainties
as to constitutional Interpretation to
be resolved. Changing conditions call
for new applications of old principles.
The Supreme Court itself may overrule
former interpretations, as was strik-
ingly shown in the minimum wage
case. Different approaches may pro-
Continued on Page B-l2.)
Evening star., 1937-09-14

Nation are not jealous, antagonistic
sovereignties, seeking each to gain
advantage from the other, but CO.
operators working out, under the
Constitution, the welfare of the people,
citizens in common of both.
Like the maintenance of State
autonomy, the doctrine of the separa-
ton OF powers between the executive,
legislative and judicial branches is a
fundamental tenet of Americanism.
A consolidation Of these powers. said
Madison, would Justly be pronounced
the very denition of tyranny."i'
There Is no difference of view as to
the soundness Of this theory. The
attempt sometimes INDUCED in to
make it appear that delegations of
authority to the Executive run coun-
ter to this philosophy, hardly rises
to the dignity Of a constitutional
argument. There are, OF course. in
stances where standards sufficiently
definite for the exercise Of the powers
have not been provided. but properly
framed delegations have been. from
the foundation Of the Nation, a recog-
nized and approved practice. 1t is
obviously impracticable for the Con-
gress to undertake enactments of
Evening star., 1937-09-14

which has led to the creation of the
American financial system, with the
National and Federal Reserve Banks.
the r. F. c., the Home Owners Loan
Corp. the Federal Housing and Farm
Credit Administrations, as indispens-
able adjuncts to agriculture, labor.
commerce and industry. His conclu-
sion was eventually approved. alike
by the Supreme Courts and the
people.
Fiscal Theories Challenged.
The constitutionality of fiscal legis-
lstion was again challenged when the
Government under President Lincoln
sought to make paper money legal
tender to meet the exigencies of the
Civil War; This country until that
time had issued only hard money, gold
and silver. Many believed the consti-
tutional authority to coin money and
regulate its use as legal tender, based
on the discussions in the convention,
limited US to that character of circu-
lating medium. Whether the provision
for making greenbacks legal tender
Tor antecedent debts was or was not
constitutional became matter of
national concern, on account of the
existence of innumerable contracts,
payable in, dollars, without specifica-
tion of their character as specie or
paper. The wide variation in the
value OF the two kinds of money
made the issue important. Even the
Supreme Court yacillated on its inter-
probation, first holding the provision
invalid then, after change in the
personnel of the court, valid.as After
the passage of the gold clause resolu-
ton of 1888, another chapter was
written in the story Of the estab-
lishment of complete congressional
authority over the money of the
Nation, when the Supreme Court.
again by five to four, as in the legal
tender cases. upheld the plenarv
power OF the Congress to protect
the currency from the destructive
effects of gold-clause contracts. 30
AS in financial, so in labor legisla-
tion the road of constitutional
Interpretation has been rough. In
1898 the Supreme Court, by a T.
2 decisionss upheld the power of a
State to limit the hours of labor of
miners. A few years later, by a
Sd decision,'a it was held that
a State could not exercise the same
sort of a power with respect to work.
ers in bakeries. The court did not
overrule the earlier case, but it found
distinction between the labor of
the miner and that of the, baker,
though there was considerable evi-
dence of the danger to the health of
bakers in protracted work in the
hour-laden atmosphere of the bake
rles. Here is an excellent example
OF the subtle distinctions which can
be established on the basis of the
general phrase due process of law"
But this distinction lasted but a short
time. A unanimous court, including
four members of the majority in the
previous case, held it constitutional
for State to limit the hours Of labor
OF women in all INDUSTRIES and in
1917, by So decision, Justice
BrandieS not participating, legisla-
tive limitation of the hours of labor
OF all workers, male and female, in
mills and factories was upheld"
Evening star., 1937-09-14

details to carry out legislative policies,
as in fixing railroad tariffs,is allocat-
ing broadcasting facilities.r' determin-
ing the time for the initiation or cessa-
ton for variations in customs duties.
controlling shipments Of munitions of
war;" or the terms of borrowing
or expending public funds.a0
Differences Of Opinion Arise.
Differences OF opinion as to the
meaning of the great clauses contain
ing the delegations of Federal powers
Of the limitations of State powers do.
however, continually arise. II is
sometimes observed that such differ
encessspring from the application of
a strict or liberal canon of constitu-
tional construction. This seems err
roneous. 1t is doubtful if there could
be found today representative jurist
who would advocate a strict con-
struction Of the Constitution. Strict
construction fell unmourned under the
irrefutable logic of John Marshall,
more than century ago. The Con-
stitution, like treaties,si is to be
interpreted in the light of "larger
reason" and superior justice" The
differences usually arise not from
disagreements as to the meaning of
the clauses but from the application
OF accepted principles. To a jurist
or Judge stepped in the nineteenth
century philosophy of individualism.
governmental regulation of the affairs
OF mankind may seem arbitrary.
capricious and unreasonable and so
unconstitutional, while to the majority
OF his colleagues or fellow citizens the
same legislation may seem entirely
consistent with the due process of
law which is required by the Consti-
tuition. To one group OF Judges a
minimum wage act is q deprivation
OF the freedom Of contract, while to
another 1t is means of safeguarding
liberty in sound organization, which
requires the protection of the law
against evils.aa If ones conception
OF manufacturing enterprise is that
OF an isolated activity, carrying on
production, separately from the pur-
chase or sale Of raw or finished COM
modities, the effort of the Federal
Government to regulate the labor re-
lations OF that industry appear as
beyond the limits OF the commerce
clause and as an interference with
freedom of contract - On the other
hand, a realistic acceptance of the
simple truth, that each establishment
is but a little cog in the machine of
commerce and the right of labor to
organize is correlative, with the right
OF employers to select their employees
and organize their business. leads
inevitably to the conclusion that the
Federal Government may exercise its
power over commerce to protect that
commerce from the threat of disrup-
ton by labor controversies. Many
differences as to the limitations of
constitutional doctrines arise from the
varying attitude of judges toward
social and economic problems.
These differences are not a deyel-
opnent Of recent years. President
Washington early in 1871 was called
upon to weigh the constitutionality of
the legislation chartering the first
bank under Federal authority. Opin-
ion was divided. He chose the course
OF approving the legislation, a step
Evening star., 1937-09-14
FIXED PRECEDENTS
|NLAW HIT BY REED.
Congress Must Break Paths
as Needs Arise, He says
in Forum Speech.

Congress and the President would
"shirk their duty" if they did not
venture into legislative fields of un-
settled constitutionality, Solicitor Gen.
eral Stanley Reed declared last night
In an address on THE Constitution. -
The Solicitor General spoke on the
National Radio Forum, sponsored
Jointly by The Washington Star and
the National Broadcasting Co. His
experience with recent important con-
stitutional questions made it particu-
larly appropriate for him to discuss
the Constitution. just prior to his
appointment as Solicitor General, while
serving as general counsel to the
Reconstruction Finance Corp, he
presented for the Government, with
the Attorney General, the argument
In the Supreme Court for the validity
of the gold clause legislation.
Mr. Reed also argued the cases in
volving the constitutionality of the
N. r. A.. the A. A. A., the T. V. A.,
the P. w. A, the S. E. c., and the
Jones g. Laughlin case which de-
termined the constitutionality of the
Wagner labor relations act in indus
trial operations.
Waters Held Uncharted.
Delivering his address as the Nation
was prepared to celebrate the l50th
anniversary of the signing of the
Constitution, Mr.. Reed said:
THE needs of changing circum-
stances can only be met by legislative
excursions into waters which, while
explored, have never been fully
charted. Only by such courageous
will to conquer difficulties as they
arise can we avoid the stagnation
of slavish adherence to the past.
Congress and the President would
shirk their duty if they did not break
new paths as the emergencies of new
problems appears to require. Only if
these branches of the Government are
prepared, on appropriate occasions, to
ask the courts to establish new prece-
dents, where none exists, or to de-
part from old ones, when experience
has brought their soundness into
question, can our Constitution retain
that capacity for growth and adapta-
tion which from the beginning has
been its chief glory and its greatest
source Of strength.
THE Constitution has proved itself
beyond dispute. But the need for
courage and largeness of vision in its
use and application remains. For