Evening star., 1938-12-18
By William NJ. Pinkerfon,
Associated Press StaH Writer.

Those were very anxious days." he
recalled. "An adverse decision would
have produced unheard-of chaos. Why,
we'd never have gotten Strengthened out
in the world!
The narrow escape on fundamental
question of governmental power-the
power to regulate money-seemed
alarming" he continued. THE question
came up, Immediately: If four justices
refused to uphold the Government on
such clear-cut issue, what would hap
pen to Federal authority OF a less clearly
fundamental character"
The worried lawyers found out when
N r. A. was killed. Hundreds of N. r.
A. lawsuits had burdened the legal staff.
Il never criticized the courts decision
on N. r. A." Mr.. Cummings declared.
But I did criticize its opinion-the
basis on which the decision was made.
The court based its decision against N.
n. A. on narrow definition of the term
interstate commerce. That definition
since has been pretty definitely aban-
a doned."
To help the farmer, the Government
provided crop-control subsidies, financed
through taxes on the companies which
processed farm products. The producers
lawyers sWarmed into courts to stav the
hand OF the tax collector. They con-
tended the law was unconstitutional, and
asked court orders dnjunctions) against
its enforcement. In year or SO. the
suits totaled 1898
you can realize what terrific strain
was placed on us. Men worked 20 hours
day; some broke under the strain :"
'Sollcltor General Stanley Reed COL
lapsed IN the Supreme Court room)
New Set of Injunctions.
On top of this burden came a new set
OF 1nJunctions. Congress had ordered
pubic utilities companies to register, un-
der the Holding Company Act And the
utility lawyers filed 46 suits to stop the
laws enforcement.
At this crisis, Mr.. Cummings went into
the courts himself for the second time,
he won victory over the utilities in
the District Court, but the decision was
modified by higher courts.
If l were of suspicious turn of
mind" Mr.. Cummings says, "I might be
inclined to believe that the purpose was
to engage the Government on so many
battle fronts that we'd break down un-
der the strain. I suppose you could
search the history of the Government in
vain for a parallel"
Other injunction suits piled up-67
against P. w. A. power projects: 7
against the Kerr-Smith Tobacco Act:
against the Bankhead Cotton Con-
troll Act; 13O against the Bituminous
Coal Conservation Act; several against
the "Hot Oil" Act :
AL this story of confused legal pro-
cess; of delay and expense; of one Judge
saying a thing was constitutional and
another saying it was unconstitutional;
OF laws being constitutional one place
and unconstitutional somewhere else
led to an intensive study of the laws de-
lays and uncertainties" Mr.. Cummings
declared.
He said that, manifestly, there was
need for more judges, need for clean
ing up congested court dockets, a need
for limiting the injunction power of
courts.
Court Bill Defeated.
The changes in legal processes which
resulted Mr.. Cummings considers the
major work of his career as Attorney
General. The Presidents court reorgani-
zation bill, which Mr.. Cummings advo-
Gated, was defeated in Congress. CThe
President later pointed to change in
the courts attitude toward social leg
islation)
Cummings cites these concrete accom-
plishments: