The Waterbury Democrat., 1941-06-02

tionS, the courts most important opinions dealt with civil liberties and the taxing and regulatory pow era Of the states, fn the latter group, over the protostS Of a mi- nority, the court appeared to widen the taxing latitude Of state gov0rn- ments and allow greater freedom Co state regulatory agencies.
 Tho most far.reAchlng deoiSionS of tho year wore those sustaining validity ot the wage-hour law and upholdlng the provisions under which the wageshour adMlnistra- tor, with tho aid Of industry com. Mlttees, may establish wage floors higher than those prescribed In the 8tRtuts,
 lntrassate Issue Clarified
 Tn the first phase, Stone, who wrote both opinions, ru,ed that Eubstandard wage condi uonS, though an intrAstate matter in themselves, SO affected interstate commerce that the Federal govern mant has power to regulate them. The fact that such control affects intraState business does not cancel tho congressional authority, he said,
 Tn the decialon on the industry committee provisions, A pattern waS laid whereby Congress might un. dertAke broad control of nation. wldo CT sectionWide industrlea, Bearing 6 strong resemblance Co some activities of the old NILA, the system calls for an expert advisory committee to investigate and rec. ommend wage minimA after giving duo opportunity for hearings and argument.
 The court in these decisions ox- prsosly overruled its 1918 decision In Hammer V. DAgenhart by which n federal Anti.child labor law was struck down. 'T'hlS action elimln- nted the necessity for A eonstitu- tlonal amendment 70 far as Inter state businesses are concerned, for tho wage.hour law prohibits child labor in that field, but intrastNte businesses were not accepted.
 Power Act Upheld
 Another deelsion of great mo. ment required Appalachian Electric Powor co. to submit to tho licensing provisions of the federal water power act as they affect the firms power dam on tho New River near Radiord, Va,
 Tn that opinion, Reed announced tho new doctrine that the power of tho United states over itS nAVigAble waters is not confined to navigation alone but extends as well to flood control, watershed development and hydro-e electric power, the latter as a financing means. The decision also established an important precedent by declaring the New river, which admittedly cannot be used, com" mercially !n its present state, is nAvigabla. The precedent Is appli. cable to other small streams throughout the nation.
 Although tho wage.hour and Ap-, pAlRchlan deelSionS gave the gov ernment a wider field in which to regulate, two other opinions over turned efforts to apply existing laws to new uses.
 In one the court disapproved use of the anti-trlNt laws as a means of combating identical bidding on government contracts, Quashlng a suit for triple damages against . group of rubber tire manufactur. CTS. Tn the other the court ruled that the Federal Trade Commis. sion act does not reach unfair trade practices in intrastAte com merce even though they affect" in- terntAte commerce.
 Unlen Wins Immunity
 Among several important labor decisions, outstanding was the so- called Hutcheson case in which the court, following up recently cstab- llshed preccdentS, ruled that unions engaged in bona fide labor disputes arc immune from antitrust prose- cution. The decision applied par ticulariy to j,irisdictionad disputes
 Justice Felix FTankfurter wrote the opinion, to which Hughes and Roberts objected. in effect nullify- ing two long standing decisions and holding that only in cases where unions attempt to influence produc- ton, prices or markets may the sherman Act Do invoked.
 The court divided sharply in in- terpreting the National Labor Re- lMtiOns act. Hughes and stone dls- sented when. in case involving the Phelps Dodge Corp. the ma. jOrity ruled that the labor board has power to require an employer to hlre with back pay a person who once was denied employment be- cause of his union affiliations.
 Hughes, stone and Roberts a9aln gilssented when the majority upheld the boards action certifying a ClO union as representative Of flat glass workers of the Pittsburgh Plate Glass company at its six plants, al- though tlae union was in a minority in one plant. It had q majority of total workers, however.