Evening star., 1937-05-24


! 5,366. In the same period the obN-
cations for emergency relief incurred
by the National Government we're
$2,s29 ,307,l25, or twice the obligations
of States and local agencies combined
According to the Presidents budget
message for the fiscal year 1898, the
National Government expended for
| public works and unemployment re-
lief, for the three fiscal years 1884,
1885 and 1886, the stupendous total
Of 1851 ,o0o, ,oo0."
"Co-operative Endeavor."
After this summarize ton of the
unemployment picture during recent
years, the opinion Of Jsutice Cardozo
continued:
In the presence Of this urgent need
| for some remedial expedient, the ques-
| ton is to be answered whether the
| expedient adopted has overlept the
bounds Of power. The assailants Of
the statute say that Its dominant end
and aim is to drive the State Legis-
latures under the whip Of economic
pressure into the enactment OF un-
employment compensation laws at the
bidding Of the central Government.
Supporters of the statute say that its
! operation is not conStraint but the
creation of larger freedom, the
States and the Nation joining in 4
cooperative endeavor to avert COM
| mon evil"
After discussing some Of the earlier
efforts on the part of the States to
provide unemployment insurance and
citing some Of the unhappy results,
the opinion added:
THE social security act Is an at
tempt to find a method by which all
these public agencies may work to-
gether to a common end. ="
Justice Cardozo then came directly
to the question Of coercion. asking:
who, then, is coerced through the
operation Of this statute? Not the
taxpayer. He pays in fulfillment Of
the mandate Of the local Legislature.
| Not the State. Even now she (Ala-
bama) does not offer a suggestion
! that in passing the unemployment law
she was affected by duress. For all
that appears she is satisfied with her
| choice, and would be sorely disap-
pointed if 1t were now to b. annulled.
| The difficulty with the petitioners
contention is that it confuses motives
| with coercion"
Common Sense Guides Law.
The decision continued:
ITO hold that motive or temptation
is equivalent to coercion Is to plunge
the law in endless difficulties. The
outcome of such doctrine Is the ac-
ceptance Of philosophical determin-
ism by which choice becomes impos-
sible. Till now the law has been
guided by robust common sense
which assumes the freedom of the
will as working hypothesis in the
solution Of its problem. The wisdom
of the hypothesis has illustration in
this case. Nothing in the case sug-
gests the exertion Of q power akin to
undue influence, II we assume that
such a concept can ever be applied
with fitness to the relations between
States and unions. Even on that as
sumption, the location of the point at
which pressure turns into compulsion,
and ceases to be inducement, would
be . question Of degree-at times,
perhaps, Of fact. The point had not
been reached when Alabama made her
choice. There would be q
strange irony, indeed, II her choice
were now to be annulled on the basis
OF an assumed duress in the enact
ment Of statute which her courts
have accepted IS q true expression Of
her will. We think the choice must
stand"
In his opinoll, Justice Butler, rails
ing the question Of constitutionality
under the tenth amendent, said:
THE Constitution grants to the
United States no power to pay unem-
ployed persons or to require the States
to enact laws or to raise or disburse
money for that purpose. The pro-
visions in question, If not amounting
to coercion in legal sense, are mani
testify designed and intended directly
to affect State action in respects
specified. And, If valid rs 30 en-
ployed, this tax and credit device may
be made effective to enable Federal
authorities to induce, II not, indeed
to compel, State enactments for any
purpose within the realm Of State
power and generally to control State
administration Of State laws.
Amounts Given Up to Cousress.
The act creates a social securitv
board and imposes upon 1t the duty
OF studying and making recommended
tions as to legislation and as to ad-
ministrative policies concerning unem-
ployment compensation and related
subjects. 702. 1t authorizes grants OF
money by the United States to States
for old age assistance, for administra-
tion OF unemployment compensation
for aid to dependent children. 70.
maternal and child welfare and TO,
public health. Each grant depend.
upon State compliance with condition,
prescribed by Federal authority. Th<
amounts given being within the dis.
cretion Of the Congress, it may at any