The times-news., 1937-03-31
BAILEY SAYS NEW
AMENDMENT BEST
FOR HIGH COURT
1Cnntinurd, from nage y.

'dafIntion. II uphetu 'hc "SI
ime:nT congress full control o"er
Money TO prevent imitation We
hn,'r .un's ssn,ly 10 reduce borrowing
and spending, and, baianGe ,o' L"e
budget. That is what sir. kccles'
cSoS,rpn OF the Federal Reserve
Swstan' saws. 1t will be news 90
tSo Farmers that il is proposed 90
a,nost thn ,isc of commodity
priees. And il is news to us al! u
tha. decisions of the supreme
count stand in the way OF rGauc.
mo such prices. Truth is l. did not
i,now that il was desired TO re-
Jnoo them. | have been trying TO
We may bear in mind that farm
,,,.;ces were better under the first
vcar of the Soil Conservation ;AG.
;;han thev were under the last
.vcar Of the AAA, and that Dean
'Scbaub who had charge of the ad-
min;stration of both agrees with
Secretary Wallace in a very h.gh
onin;on Of the Soil Conservation
Act.Nundcr which parity for the
farmers has been reached. | sup
ported that Act. ~
Il One-thhd Of the population
;s underfcd, undcrclotncd, ~
housed. says the President. but
,bnre IS no decision of the Su-
m mcmc court that accounts for TINS.
If Co. let it be pointed out. Farm,
ers are receiving better oricCeS ana
wages are going Upland all SINCE
,b" decisions. What is it that me
Government proposes to do IN inc
nnrcmiscs which the court deci-
sions tend 20 prevent! o
o There is a strike crisis. Grant
fo,. the argument that the NKA
would have prevented it. All nlne
justices declared it unconstitu-
;i"nol The President asks for SIX
more. The new court would n"i"
new NRA unconstitutional > 10
G This holds no hope OF action
NOW" With six new justices we
would have to wait until .wo
others died or retired. Ana 90
Won want another NRA?
So this disposes of the er'SIs
and action now argument IL
@oos the way the first argument
went It will be abandoned.
On the other hand. if 1t is de-
sired to grant the congress broad
or powers. to expand the com
morcc clause and to give broader
;mport to the welfare clause, the
democratic way is to give these
nowers by amendments duly suD-
mitted. The way to make demoe-
racv succeed is to exercise democ7
racv in the democratic way. inns
is the sure way. 1t is the way OF
permanence in progress. ana u Is
lust as quick as the way OF aaaimg
six new justices, if not actuaiiS
What can be done in view OF
the NRA and AAA decisions =
asks the President. What can De
done in view of inJunctiohSS
ogainst certain IVA operations!
The answer is (1G the supreme
court can do nothing-with nlhe
iustices or ffteen-with respect
r. iniunctions. They are sued OUT
in lower courts. And what can Oe
donc anv way about injuncuonS !
They are remedies in equity IN
voked to prevent nreparaoie m
iurv. To prevent them is to per
init irreparable injury-inJury 1or
which there is no repair, no COM
nensatory damages. We may cor
rect abuses, but we must always
nrevent irreparable injuries.
(2) As for the NRA, since 1ne
nresent court is unanimous IN
holding it unconstitutional, noth-
inc can be done-unless II De W
enlarge the court to 10: But TINS
is not yet proposed, ., Gil
C3( As for the AAA, the sou
Conservation Act is doing well by
the farmers, and the Department
of Agriculture says so. II II Is ae,
sircd however, to make Justice
stones dissenting opinion the ma
iority opinion, then we must pre-,
pare to read the Welfare Clause
in the Constitution as giving con-
gress power to tax and spend for
the purpose of controlling all ac-
tivities-not only in agriculture
but also in mining, manufactuTe'
| merchandising and fishing. we
must prepare to read the Consti-
tuition as meaning that taxes may
| be levied by congress not Just 10
support and defend the govern
ment, but to control all the activ.
tiles of it's citizens. This would
put an end to our government OF
enumerated powers. 1t would sub.
stitute a general power OF vast
proportions.
If we do this, what becomes OF
all the long and unbroken line OF
decisions of the court to the ef-
feet that taxes must be for revc-
nue. and not for control; that the
police power is reserved to the
states; that the control Of activi-
ties. rights and immunities, of citi,
zens is within the power of their
respective state legislatures? What
becomes of representative govern
ment, when such control is shift
ed from the legislature of North
Carolina elected by the people of
| North Carolina to the national
congress, in which the people of
North Carolina have only l3 rep
| resentatives out of more than 500
not in any degree responsible to
| them? We would have to say that
Inot only this supreme court was