davidaulloa/AmericanStories huggingface dataset:
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1937-04-29

BY the time this is read, the
hearings on the bill to increase
the membership OF the Supreme
Court will have been completed.
The Senate Judiciary Committee
unanimously voted to conclude
the taking of the testimony on OF
before April %.
Thereafter the debate III Con-
gress viii begin-and it is dead
certainty that it will continue for
many weeks. The witnesses APP
pearing before the Judiciary Com
mittee have provided both sides
with ammunition of varying eff
| fectiveness. Practically every
possible phase of the question has
been exhaustively considered.
And now the Supreme Court it
self has thrown a bombshell into
the proceedings by the series Of
related decisions on the National
Labor Relations Act, generally
called the Wagner Act, handed
down on April 5.
The Wagner Act requires en-
ployers to arbitrate with an en-
ploye-chosen body, over any ques-
ton of wages, hours and working
conditions. For example, il the
majority of workers in an indus
| try decide, by vote, that some
union is to represent them, the
management of the industry is
legally bound to recognize that
union as the sole bargaining agen-
CIV of its workers. No employe
may be discharged because he
| joins a union, or works to achieve
unionization of an industry. Dis
| elimination against employees for
union activities of any nature is
a Federal offense.
The Constitution clearly gives
Congress wide powers over indus
tries operating in interstate COM
merce. such as the railroads.
Therefore, no one was especially
surprised when, more than a
month ago, the Supreme Court
held unanimously that a railroad
was bound by long-undisputed
Federal law compelling collective
bargaining. However, in the past
the Supreme Court has usually
regarded manufacturing indus
tries, no matter how large, as be-
( ing outside the scope of Congress
interstate commerce regulatory au-
thority. Therefore, it was gen.
orally believed that the Court
! would hold the Wagner Act I'M
constitutional.
/! The forecasters were mistaken.
BY a five-to-four decision, the
I. Court held the act constitutional
in two vital cases involving a large
steel company, and the Associat-
ed Press. The AP had discharged
an employee who was a member
and an active partisan of the news
/ papermen's guild. The National
Labor Relations Board had order
ed the AP to reinstate this en-
iploye, and pay him back wages
amounting to about S1,700, or
the grounds that he had been dis
charged not because he was in
competent, but because he was a
union man. The Supreme Court
sustained the Board in a momen-
tous decision read by Justice Rob.
erts that held that the transmits
sion of news was within the in
terstate commerce authority.
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1937-04-29
URGE ROAD TAX
BE USED ONLY
FOR HIGHWAYS
CONGRESS BECOMES oPPos.
ED TO STATES DIvERTING
GAS TAX REVENUE FOR
OTHER PURPOSES

WASHINGTON, April 2s.-Di-
version of gasoline tax revenues
to other than highway purposes is
under attack ON several fronts
with the passage of the depres-
sion.
In Congress, both authors of the
Hayden-Cartwright Federal aid
law have issued statements indi-
eating that future Federal-aid
funds may be sharply reduced Nor
even denied to states persisting in
the practice. In the words CT
Representative Cartwright:
etCongress cannot be expected
to continue Indefinitely attempts
to help complete the highway sys-
TENS of those states which pursue
the indefensible practice of mis-
approariSting their own gasoline
and other motorists special taxes
to purposes not related to high
ways. Congress has formally de-
clared this practice unfair and I'M
just. 1t should now be made I'M
profitas lie"
Action is likely to take the form
of new legislation, although the
threat of enforcemnt of an am
biguors law already on the books
seems to be having the desired
effect in throwing scare into the
states. The Federal-aid Highway
Act of 1884 provided that any
state which diverted gas taxes and
license fees to other than high
way purposes in greater amounts
than in the past would be subject
to cut in the governments Fed
.eral-aid grants up to a third Of
its statutory apportionment.
This law has not been invoked,
parity because the money must
actually be diverted and spent be-
fore the Bureau of Public Works
can make out a case. A greater
trouble arises from the broad
terms of the penalty provision
questions as to what constitutes
diversion have the bureau officials
dizzy. For example, shall the
term greater amount" be defin-
ed as a percentage of revenues or
as a bigger sum in dollars?
The present law also rewards
states which spend their entire
revenues from the highways on
the highways, by providing that
they do not have to cover the de-
ficit if they still fall short of
matching Federal allotments.
Several states are asserting a
claim to preference on the basis
of good behavior, although the
law was enacted primarily for the
benefit of Arkansas.
Constitut onal amendments in
tended to outlaw diversion has
been proposed in Alabama, Massa-
chusetts and Pennsylvania, while
statutes intended to accomplish
the same purpose are trying to
perpetuate so-ealled temporary"
or emergency" gas taxes.
Congress has been requested by
81 state legislatures to withdraw
the present Federal gasoline levy,
leaving this field of taxation ex-
clusively to the state govern
ments.
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1937-04-29
STEAMER BRAZOS
DUE TOMORROW

Steamship Brazos, of the Clyde
Mallory Lines, is scheduled to ar
i've tomorrow from Galveston
bound 10 this port and New York.
Two other vessels of the lines
are due: Steamer Ozark tomor-
nw from New Orleans bound to
~ West, Miami and Jackson
Ne. and Sunday the Steamship
Namo, bound from New York to
~ West and Tampa.
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1937-04-29
Chief Executive Would
Place All Revenue OF
State Into One Fund,
According To Plan

TALLAHASSEE, April 2s.-
FNs)-covernOr Fred Gone is
battling an enormous lobby"
seeking 20 prevent enactment in
10 law Of his proposal for pooling
All state revenue into one fund,
shs chief executive declared in an
interview.
lie declared that no one de-
Partmsnt Of state government is
willing to see its revenue cut. as
probably would be done through
a pooling Of funds, and predicted
q stiff, uphill battle along these
lines before the adjournment Of
the legislature.
''If they will follow the outline
! made for them, well be able to
some out all right" he said, re-
ferring to suggestions he made to
Legislators for putting Florida on
q sound financial footing.
He made his statement as he
declined to comment on action of
the house finance committee in re-
jeeting a proposal to pool all
state revenue except gasoline tax
money, with departments and
other state financed bodies get
ting a pro rata share of the re-
suit. II don't want to make any
comment on measures that may
be asked later to sign" the COVER
nor said.
He continued, in response to
queries, that he had advocated
continuance OF the u of / per
cent gross receipts tax as a part
of his economy program with a
definite reason in mind.
That was done to fOrestall any
efforts that might be made to
boost that tax to 4 or per cent
in the last few days of the legis-
lature as a last minute PROPOSE
tiOn," he said.
The state finance and taxation
committee last week approved re-
peal of the y of l per cent gross
receipts tax, enacted at the 1885
session, and directed transfer of
approximately S2,5O0,00O a. year
from the seventh cent of gasoline
tax from the general revenue
fund 10 schools.
Our revenue from all sources
this year will be nearly S5O,000,-
600, it appears now" the COVER
nor went on, shut we will have to
guard against needless expendi-
lures If we're going to operate eff
ficiently and economically.
He urged caution on the part of
investigating committees which
are delving into operating costs
Of various departments. "There
must be nothing done that will
hinder the revenue producing de-
partments and handicap them so
they will not be able to produce
100 per cent" he advised, and
mentioned the beverage and tag
departments and racing commits
sion as among those departments
which are capable of producing
great revenue il they are oper-
ated efficiently "0f course, every
man in these departments should
produce much more than is paid
L l.
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1937-04-29
Even Denmark, Seeing It.
self On Hot Spot, Is
Changing Mind About
mo Defense
uIy Associated PressD

STOCKHOLM, April 2s.-The
European war scare may drive
neutral-minded Scandinavia to
band into its own protective
league against the world.
Copenhagen reports that even
little Denmark, seeing itself on a
hot spot in event of Russo-Ger-
man clash, is changing its mind
about mo defense" being the best
defense.
And in Sweden, Norway and
Finland there is renewed talk of
increased military expenditures
at the same time that economic
cooperation is frightened.
While its northern neighbors
were gradually weakening in their
attitude toward defense, say the
Copenhagen reports, Denmark for
the past 10 years has held out for
no military expansion.
Now, with rumors from Oslo of
phantom flyers" over Norway
and secret naval maneuvers in the
far north, it finds itself with only
5000 soldiers, 65 airplanes, three
old coast defense ships, 20 torpedo
boats, and eight submarines which
are all out o. date but one.
Preparedness advocates would
scrap the entire navy and build 90
modern torpedo boats and sub
marines. They would expand the
air force, motorize the artillery,
and increase the number Of light
tanks, machine guns ana anti-air-
craft.
Critics of the Plan declare that
even with an improved army it
would be possible to do no more
than Estate the neutrality" of
Denmark. Should the country be
attacked, they say, the best that
could be hoped for would be to
hold back the enemy long enough
for assistance to arrive from
friendly powers.
Another war would affect
Scandinavia not only by increased
demands for her focdstuffs and
ores. Military experts predict
Germany would seize the narrow
waterways around Denmark to
bottle up the Russian fleet in the
Baltic.
Russia, in turn, would be de-
termined to hold open her Arctic
outlets.
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1937-04-29
ECONOMIC HIGHLICHTS

Happenings That Affect the Dinner Pals, Dividend
Checks and Tax Bills of Every Individual; Ma
tional and International Problems Insep-
arabic From Local Welfare
Evening star., 1937-02-16

est from those who would not support
such an amendment. But why an
amendment since this method Is clear
ly within the Constitution and what.
ever the Constitution provides Is cer-
tainly American? Why seek more
power If we already have the power
to meet q situation?
The way of amendment, like that Of
the transgressor, Is hard. Witness the
child labor amendment; for l3 years
1t has been wandering in the wilder
ness, and still lacks 9 States of being
an authorized amendment. But do you
realize that the child labor amend
ment would not have been required
If one judge had stepped over on the
side of the act of Congress with the
other four judges who thought the
act was constitutional?
There Is nothing in the pending
bill that would keep us from amend
ing the Constitution after the bill
passes. Let us have an amendment,
but We must have action now. We
don't believe we should be required to
wait IS or 20 years on a prospect Of
action. In order to befuddle the issue
the same people who in the recent
election cried dictator" stand by
the court" beware of communism, +"
now make the same hue and cry.
They would have the people believe
that this is an attempt of the Presi-
dent to seize additional power.
The truth of the matter is that the
President has only joined hands with
Congress in its fight to prevent the
Supreme Court, under the guise OF
interpreting the Constitution, from
debating the legislative policy of the
Government. II you think the Su-
preme Court hasn't done so, you read
the dissenting opinions of the justices
of the Supreme Court for the last so
years. I urge you to recall your his
tory.
Three times in the history Of this
country, excluding the recent history
seen without the perspective of time,
the Supreme Court has collided with
the avowed policy Of Congress, and
three times the verdict Of history has
been against the court. refer to the
Dred Scott decision-reversed by a
bloody Civil War-the legal tender de-
cision-reversed within a year by the
court itself-after its complexion had
been changed-and the income tax
case, reversed by an amendment after
years of effort.
The greatest Presidents in this Ma
tion's history, developed in the stress
of great emergencies, have been at
grips with the power Of the court. as
they sought to serve the masses of the
common people and found their pur.
pose thwarted by the opinions of the
court. Jefferson. Jackson, Lincoln
and Theodore Roosevelt have been
confronted with the issue, and never
faltered. President Roosevelt today
meets with constitutional power the
Evening star., 1937-02-16
Star Staff Photo.

son, what's wrong with changing 1t
five If necessary, to help Roosevelt
meet his problems?
Precedents are Seen.
Congress took away the right to ap-
peal to the Supreme Court in order
that its reconstruction acts after the
Civil War might not have to meet the
test Of constitutionality. In recon-
mending a change in the size Of the
court the President has ample author
ity in our Nations history. not only in
his own party, but more notably in
the Republican party.
The proposal to retire judges at 10
is in keeping with the policy of the
Government and private industry. In
the Army and Navy. where the officers
are trained at Government expense,
We force them to retire at "a. In civil
service we force them to retire at 10.
Many States require their judges to
retire at 10. In private industry many
great corporations. like the Pennsyl-
vania Railroad, force their executives
to retire at 10. Indeed. the Supreme
Court Of the United States is the only
group I know Of that passes upon its
own adequacy to serve. Chief Justice
Hughes once wrote a book about the
Supreme Court and in this book he
said: II agree that the importance in
the Supreme Court of avoiding the
risk of having judges who are unable
properly to do their work and yet in
sist on remaining on the bench is too
great to permit chances to be taken,
and any age selected must be some
what arbitrary, as the time OF the
failing in mental power differs widely.
The exigency to be thought Of is not
illness. but decrepitude"
Some one has suggested that II the
judges are to be retired at 70, why not
congressman? The answer to that Is
simple. His fitness to sit Is submitted
to the people every two or six years
at an election, but the judges never
have to submit to election. They
alone pass on their own fitness. I
believe in elderly men in government,
but not a government by elderly men
only.
Out on the farm in Indiana the
other night. by the lamp light, an
humble farmer constituent of mine
took his scratch pad and pencil and
wrote me what he thought about this
proposition. 1t seemed to me to ex-
press so dispassionately and fairly the
voice Of the kind of people he repre-
sented and whose voices are too often
unheard, that am going to read it to
you.
He said: ut might be advisable
to have some men on the court who
are old and rich in wisdom and exc
perience to give it balance and re-
straint, but it is certainly not in the
public interest to have such a large
majority so old they do not seem to be
able to adjust themselves to the needs
Of the present time and are therefore
able to block any progress made to
meet those needs. We cannot remedy
conditions by ignoring them"
Checks on Measure.
1t is suggested that the bill encour-
ages dictatorship. Let us see. II the
bill passed, the President can nomi-
nate, but the Senate has to confirm.
That is check No. on dictatorship.
And the President and Senate have
to answer to the people; that is check
No. 2. After judge is appointed he
is there for life or good behavior: that
Is check No. 3. Check No. is the
honor and integrity Of President
Evening star., 1937-02-16

same challenge, in q courageous effort,
not to destroy your Government, but
to make 1t work for the masses Of the
people.
Who among you believes that the
President of the United States VINO
stood by you in the darkest hours that
ever dawned in peacetime in America,
and ssved you and this country from
God knows what suffering and dis
tress, Is now your enemy, a traitor
to you, his countrymen, and schem-
ing and plotting to get power into his
hands to injure you.
This is no effort on the part OF the
President to steal power unto him.
self. In less than four short years
such power as you 30 enthusiastically
gave him by your vote of confidence
last November will be returned to you.
I have faith in him to believe that
when that time shall come you will
find him no traitor to you or the best
interests Of your beloved country.
Evening star., 1937-02-16
Roosevelt in whom you and I have

Roosevelt in whom you and I have
confidence.
After he Is appointed the Judge Is
as independent then as any other
Judge. Let me tell you when dicta-
torships flourish - communistic or
fascistic-that is when the mass of the
people conclude that their government
is impotent to protect them from the
expressions Of the more powerful. We
are trying now to prevent govern
mental failure in whose wake always
comes the dictator. The common peo-
pls won the last election and we are
only trying to preserve the fruits Of
that victory.
1t Is said that this is an attempt
to pack the court! How do We find
the court today? 1t Is packed now
by appointees of administrations gone
and repudiated. Do you think these
administrations are more entitled to
pack the court than President Roose-
welt? Do you think that Harding,
Coolidge or Hoover were qualified to
pick judges for the Supreme Court,
but Roosevelt is not? I think the court
is already packed, and this bill would
unpack it.
AS I view 1t, in addition to aiding
the court in its work, a matter too
often lost sight of in the passionate
discussion of this bill. the principal
effect this bill would have would be
to bring new energy and thought to
the Supreme Court. ! cannot believe
this undesirable.
In answer to this argument about
packing the court I take the liberty
of quoting from Mr.. Raymond Clapper,
one Of the most brilliant columnists
of the day: In four years Roosevelt
has had no opportunity to appoint a
single member of the court. He is
trying to speed up the appointments
which in all probability he otherwise
would have the opportunity to make
before his second term is over, and
thus eventually reverse the balance of
the court. But then it would be too
late for him to deal with matters that
need attention now. II happens that
Congress has clear constitutional au-
thority to do this. The question Is
one Of ethics. Roosevelt proposes to
take advantage of the technical power
of Congress in the same way that the
court and opponents of his program
have taken advantage of their techni-
cal opportunities under judicial proce-
dIre That Is not idealisn r. is
meeting practical opposition in a prac-
tical way, as every one has to do at
times in this world. or weakly resign
himself to futility. Squeamish pedants
will say Roosevelt should sit with
folded hands. Practical persons prefer
results to vain theorizing about hypo-
thetical perfection"
Suggestion Of Amendment.
1t has been suggested that consti-
tutional amendment is the proper way.
OF course. this suggestion comes loud
Evening star., 1937-02-16
BROTHERHOOD TO DINE
Mark
k Lansburgh to Adress
Hebrew Group.

Mark Iansburgh will speak at the
first dinner meeting of the B;other-
hood OF the Washington Hebrew Con-
gregation tomorrow at 6:45 pm. at
BIG Eighth street.
Rabbi Norman Gerstenfeld also will
speak, and there will be an open
forum discussion.
Evening star., 1937-01-25

the Mayors Co-ordinating Committee
that the rise since last night had
by thousands raised the number Of
homeless from yesterdays estimated
100000.
Reaches 54.9-Foot Stage.
The Ohio reached a 54s-foot flood
stage.
Federal Meteorologist J. L. Kendall,
revising his previous estimates after
learning of conditions at Cincinnati,
predicted the Ohio River would reach
an unprecedented" level of approx
imately So feet here by tomorrow
night.
State and city or1cials appealed to
President Roosevelt to rush all pos
sible aid to the stricken State. They
urged red tape" be cut and trained
soldiers, coast guardsmen, boats, food
stuffs, medical supplies and power
boats be sent Immediately to the
stricken area
Mayor Miller announced Washing
ton off1cials promised full cooperation
and said Senator Alden w. Barkley
Evening star., 1937-01-25
Louisville formed another island and

Louisville formed another island and
west central sections still another.
Outlying residential sections of the
highlands, Crescent Hill and Beach
mont. were the only areas above water
and the only ones Mayor Miller termed
safe.
Residents in those spots, however,
lacked water and lights. Thousands
found refuge there in the homes Of
friends and relatives.
Emergency crews worked steadily
today trying to bring electric power
into the city sufficient for hospitals
needs, but officials estimated 1t would
be two weeks after the flood receded
before normal power supply could be
restored.
The electric utility gave up a week
long battle to maintain service here
only after water swept into the plant
in overpowering volume. The pump
crew, after working for days unceas-
ingly, was forced to abandon the gen.
orators and fee. F. B. Tetzel, me-
Evening star., 1937-01-25

and Representative Emmett O'Nel were
keeping in close contact with Presi-
dent Roosevelt.
Telephone Load Heavy.
A warning that unless the "call
load" was Immediately reduced. the
telephone company would suspend
service was issued today by L. K.
Webb, Kentucky manager Of the
Southern Bell Telephone Co. Twenty
one thousand Of the fiftythree thou
sand telephones are already out Of
order.
Webb said the "call load" was
double the normal peak. If the
telephone system crumbles, God
knows what will happen to Louis
Vile" he declared Telephone power
is being supplied by batteries and q
steam generator.
Food supplies dwindled rapidly and
Louisville police we're ordered shoot
to kill'' all looters.
National Guardsmen Of the l3sth
Field Artillery aided city police and
Evening star., 1937-01-25
firemen patroling stricken areas which
widened throughout the night.

firemen patroling stricken areas which
widened throughout the night.
Before the power failure thousands
Of persons appealed for help as water
slowly Tapped against their homes.
BY dusk yesterday-after almost "a
hours of constant downpour-calls
for help became frantic. Approx
mately 5000 persons fought through
rain and over slippery streets to reach
q railroad station at Thirty-first
street and Broadway where three re-
lief trains carried the refugees to
Indiana towns that offered shelter.
Every available truck was pressed
into service to reach those most sorely
pressed and relief officials appealed for
boats.
Relief centers were set up to supply
food and clothing The block-long
armory was crowded with refugees.
A baby was born there last night.
Immediately after power failed II
radio stations, on a short-wave hook
up, carried on the work Of Louisville
stations notifying fiood-bounded per-
sons Of efforts to relieve them.
Hourly the danger from sickness and
fire spread. Virtually all fire-flghting
equipment was out OF commission
when flood waters In low sections cut
OF area after area. Danger from
influenza, typhoid and pneumonia
mounted, due to lack OF proper food,
water and exhaustion.
Clinics were opened on . large
scale. Thousands received typhoid
inocculation from emergency stations
operated in fire houses.
Only vague ana meager reports
came from the State, but the known
dead stood at six.
At Augusta, KY, $500 Of 1900
residents fled before the flood. The
town was threatened with destruction
after q huge drum of gasoline burst,
spreading oil on the water.
Louisville from the air resembled q
series Of islands separated by broad
canals. The downtown business dis
trict was completely surrounded and
the West End isolated. South central