Evening star., 1939-06-11

ultISC.
In the Fainblatt case the court held
the Labor Act applicable to employers
mot themselves engaged in interstate
commerce" but who ARE engaged in
relatively small business of processing
materials which are transmitted to them
by the owners through the channels of
interstate commerce and which. after
processing, are distributed through those
channels
similar majority view on the scope
of the interstate commerce clause was
expressed in Muford VS.. Smith, uphold
ing the 1888 Agricultural Adjustment
Act passed after the court had invali-
dated the original A. A. A, which was
based on the power of Congress to tax
for the general welfare Justice Rob-
ertS, who wrote the opinion invalidating
the 1888 A. A. A, spoke for the majority
in the Milford case. In the original
case the majority had declared that
agriculture was a local industry and
hence not subject to Federal control.
In the Mulford case, Justice Roberts
asserted that the later statute did not
purport to control production.
In the recent gold clause cases, the
court further strengthened the New Deal
monetary policy by holding that, even
if private bonds contained a multiple
currency provision granting holders an
option to elect payment in money of the
United States or in foreign currency. the
obligation could be liquldated in Amer
ican dollars of present value.
Justice Roberts joined with the New
Deal justices to make up the majority
Justice Stone, who is often with the
Roosevelt appOintees, wrote the dissent,
which had the concurrence of the Chief
Justice and two other usual dissenters,
Justices McReynods and Butler.
Defeats Less Significant.
The New Deal defeats were on less
significant issues. In the Bankhead Cot
ton Control Act cases the decision was
that cotton growers could recover from
the Government taxes they had paid
under the statute
In another New Deal case the court
ruled that the Federal housing admin
istrator did not have a prior claim on
a note insured by the F. H. A when the
administrator acquired the note after
filing of a petition in bankruptcy.
Technically the Government lost the
Strecker case, but the decision did not
give the view expected from the court
on the power of the Federal Government
to deport alien Communists. The deci-
sion turned on the fact that Strecker
had joined the Communist party after
his entry into the United States but
had ceased to be a member before his
arrest. 1t was held that he was not
subject to deportation under existing
laws
The Governments less significant vic
torres were in the National Firearms
case, where it was argued that the act
uSurped the police power reserved to
the States and deprived people of the
constitutional right to bear arms; in the
motion picture monopoly suit, involving
a conspiracy of exhibitors and pro-
prletOrS of "firSt-run' theaters to i'm
pose restrictions on proprietors of sec
ond-run" theaters; in the hot oil" case,
in which the argument was made that
Id" do dpplled Was an eA post IactO
measure, and in one Of the many Nor
gan-Kansas City stockyards cases, in
which the court held that funds could
be impounded until the court had passed
on the validity of an order by Secretary
Wallace.
Decisions involving the powers of
States were about equally divided as to
the extension and limitations of State
authority. In Graves vs. People of New
York the court held that Federal sal
aries we're not immune from State in
come taxes. Conversely the decision i'm
piled the right of the Federal Govern
ment to tax the income of State en-
ployes.
DiyiSion nm Child hor