Evening star., 1941-06-01
Supreme Court Closes Session
Studded With Major Decisions
Federal Power Over Interstate Activities Widened,
Wagner Act and Antitrust
Legislation Clarified
D.,
BY James W. DOuthaf,

The Supreme Court tomorrow closes
a momentous eight-month term that
produced decisions broadening the power
of the Federal Government over inter-
state activities and clarifying the mean
ing of the Wagner Labor Act and anti
trust legislation.
Some court observers said the opinions
we're more far-reaching than any de-
livered since the famous 1867 term,
when the Wagner Act and social Sc
curity legislation we're held constitu-
tional
Most of the major decisions in which
the Government was involved were &C.
cided in its favor.
For four of the eight months begin
ming last October 7, only eight justices
sat on the tribunal. This was owing
to the retirement on February l of
Justice James c. McReynolds, last Of
the jurists described by the administra-
ton as conservative"
Only three of the present justices
79-year-old Chief Justice Hughes, g.
year-old Harlan F. Stone and 65-year-
old owen j. Roberts-were on the court
when President Roosevelt entered the
White House in 1888
In one of the major decisions, the
tribunal ruled unanimously that the
Federal Government had power to reg
ulate labor standards in the Nations
industries even though control of in
trastate activities" was involved.
Wage-Hour Act.
The opinion by Justice Stone held
constitutional the Federal Wage Hour
Act, which fixes minimum pay and a
maximum work week for employees in
industries affecting interstate commerce.
famous 1918 decision Hammer VS..
Dagenhart), which had invalidated a
statute directed at child labor, was
specifically overruled by the wage hour
opinion. Some observers thought the
pending constitutional amendment to
abolish child labor was made unneces-
sary, but the Childrens Bureau said it
would continue to seek ratification.
Another far-reaching opinion held
that the regulatory power of the Fed
eral Government over navigable streams
was "as broad as the needs of COM
merce."
Justice Reed wrote the S-to-2 de-
cision requiring the Appalachian Elec-
trlc Power Co. to obtain a license from
the Federal Power Commission for a
hydroelectric project on New River near
Radford, Va.
Attorneys general of Al States. op.
posed, the position of. the Federal. Gov
ernment. on the ground that. it eonsti-
- tWed an invasion of State rights. =.
An important angle of the opinion
was statement by Justice Reed that a
stream could be considered navigable
If it could be made so by reasonable
improvements
Another leading opinion held that the
Federal Government may regulate State
primary as well as general elections for
selection of members of Congress
Justice Stone delivered the decision
applying to the indictment of five New
OAiSoAAo CACSllOIi NOillullSSlOD6TS on a
charge of changing votes cast in a pri-
mary last September 10 to select Demo-
cratic nominee for the House.
May Be Paid Even if Never Hired.
OF the decisions interpreting the Wag-
ner Act, probably the one of greatest
public interest held that refusal of a
company to hire employees because of
labor union afiliation constituted an
unfair labor practice
Justice Frankfurter wrote the 5-to-2
opinion. which asserted that if employ
ment is denied for this reason the Labor
Board may require the company to hire
the persons found to have been discrim-
mated against and to give them back
pay.
The tribunal also ruled that the board
had power to order the reinstatement
of wrongfully discharged employees who
had obtained substantially equivalent
employment elsewhere.
In other decisions involving the Wag-
ner Act, the court:
l. Ruled unanimously that the Labor
Board had the right to require company
to sign written contract with a labor
organization in the event an agreement