The Waterbury Democrat., 1939-05-29
SUPREME COURT WIDENS TAXING POWERS,
 CHECKS LABOR BOARD IN 1938-39 TERM
By RUSSELL TURNER
unltsi Prsa. stafE Correspondentl

w WWNtAAAaR tA4Ae ANA8V ~ NS& ~A~e@ eral judicial sanction for admints- tration programs, accompanied by several sharp warnings that govern mental activities must be kept with in legal bounds, highlighted the Supreme Courts 19S8-39 terms.
 The tribunal further extended federal and state taxing powers, re- jected challenges to constitutionality of two major New Deal programs Tennessee Valley Authority and the new Agricultural Adjustment Act and placed definite restrictions on National Labor Relations Board &C., tivities.
 The courts pro administration majority was strengthened by Presi- dent Rooseyelt's appointment of two new justices. Both jurists replaced former members of the liberal trio" of 1933-37 era dissenters who object ed to judicial invalidation of so many New Deal experiments of that period.
 To replace the late Justice Ben jamin Nathan Cardozo, who died during last years summer recess, President Roosevelt in January ap- pointed Felix Frankfurter, Harvard law professor.
 When 83-year-old Justice Louis Dembitz Brandeis retired in Feb ruary, r. Roosevelt selected his Se- curities and Exchange chairman, 40- year-old William Orville Douglas, as his successor.
 Seven Decisions Significant
 Seven decisions were regarded generally as outstanding among the courts rulings during the term. In those cases, the court held that:
 1-Private utilities have no legal standing to challenge constitution aiity of IVA, so that apparently there is no way of obtaining a direct ruling on the programs validity.
 2-The National Labor Relations Board exceeded its authority in or- dering the Consolidated Edison Con- pany of New York to void its labor contract with an American Fedora tion of Labor affiliate.
 3-The Labor Board exceeded its authority in directing the Fansteel Metaliurgical Corporation of North Chicago, H., to reinstate group of men found to have been dis charged as part of an anti-union drive but who participated in a sit- down strike at the firms plant.
 1.-The century-old doctrine of reciprocal immunity of state and federal employees from taxation by the other government was errone- ous, and hereafter there will be no such reciprocal immunity.
 5-The Federal government may place quotas on the quantity Of farm products farmer may mar ket, even though the court in 1887 forbade direct Federal regulation of farm production in outlawing the original AAA.
 6-Courts should work in spirit of cooperation with quasijudicial administrative agencies, and there fcre $586 ,0OO impounded during liti- gation over validity of a rate order proposed her handling of cattle at the Kansas City stock yards should remain in the hands of the district court while the government seeks to correct procedural deficiencies which resulted in invalidation of the original order.
 7-Past membership in the Com munist party is not valid grounds for deportation of non-naturalized aliens and a deportation order against Joseph George Strecker, Austrian Hot Springs, Ark, restaurant operator, based on Strec- kw's admitted past Communist party membership, was invalid.
 NLRB Also Upheld
 The term was not complete loss for the labor board, however. Des- pite the fact that its orders in the Consolidated Edison, Fansteel and two other cases were overruled, it was upheld in two other cases.
 It was sustained on an important procedural point when the high trib- unal ruled that Circuit Courts of Appeals have dircretion to renamed orders to the board for further proceedings. even though the circuit courts Jurisdiction to review the order has been fully established. This ruling rejected the Ford Motor Company's suit to compel the sixth circuit court to pass on validity of board order against 1t, without remanding the order for new pro- ceedings as requested by the board.
 The boards second victory came when the court upheld it's jurisdic- ton over labor affairs of the Somer- vile, N. J., Manufacturing Company, small textile factory which chal- lenged NLRB jurisdiction on the grounds that it was engaged solely in intrastate commerce. The trib- unal, however, upheld the boards contention that 1t had jurisdiction because the company's output was shipped to it from out-of-state and on completion was immediately re- shipped to other states.
 The boards two other setbacks came when the tribunal set aside orders directed against the Sands Manufacturing Company, Cleveland, and the Columbian Enameling and Stamping Company. Terre Haute, Ind, on the grounds that evidence and findings did not support the boards conclusions and orders.
 All four NLRB cases found the courts membership divided.
 Boards Jurisdiction Upheld
 Tn the. Consolidated Edison case, the tribunal upheld the boards claim to jurisdiction sharply chal- 1enged by the company on the grounds that it was purely local, intrastate utility--and ordered the company to comply with parts of | the order calling for cessation of | certain unfair labor practices.
 Justices Pierce Butler and James | 0. McReynolds contended that the board did not have jurisdiction over the company and that the entire | order should have been set aside.