Indianapolis Times, Volume 46, Number 251, Indianapolis, Marion County, 28 February 1935 — Page 5

FEB. 28, 1933_

RECOVERY LAWS ILLEGAL, U. S. COURTS DECIDE New Deal Threatened by Decisions of Federal Jurists. By Unttrd Prr* WASHINGTON’. FVb. 28—Federal Court rulings threatened the legal foundations of half a dozen aspects of President Roosevelt’s New Deal today. Newest court attacks—the Weirton Steel decision in Wilmington. Del., and the Kentucky coal case in Louisville—cut to the heart of constitutional principles on which the Roosevelt Administration has built its recovery program. New Deal supporters challenged the validity of these court decisions that through general application apparently would nullify the efforts of Congress, through the NRA and other agencies to regulate the vast bulk of American business. They looked to the Supreme Court for eventual victory, confident that its "liberal” majority—the majority which many believed stretched the Constitution a point to side with the government in the gold cases—would uphold the challenged aspects of the recovery laws. Future Is Uncertain Despite this confidence, it appeared the adverse decisions would heighten the confusion surrounding the future of NRA. Proposed legislation to extend the recovery act, which expires June 16, already is beset by congressional uncertainties and investigations. The fresh doubts as to validity of section 7-A (establishing labor’s right to collective bargaining) can only add to that confusion. Indications were that the Weirton decisioq might also goad organized labor, already restive, to greater aggressiveness. It would be unlikely to accept any extension of NRA which did not Include the essentials Os 7-A. The Administration and Congress had proceeded on the theory that by right of the power to regulate Interstate commerce, the government could regulate wages, hours, labor policies and a myriad other aspects of individual business because they affected interstate commerce. Two Agree on Point Federal Judge John P. N.clds decision in the Weirton case, if upheld. would knock that theory into a cocked hat. He said the We.rton concern, although it is a great steel firm buying and selling in interstate commerce, was essentially intrastate in its manufacturing operations. Therefore, he ruled. the government could not constitutionally apply to it Section 7-A of the Recovery Act. Federal Judge Charles I. Dawson In Louisville took the same view and ruled that coal mining is intrastate commerce and beyond the power of Congress to regulate. Chairman Francis Biddle of the National Labor Relations Board and Acting Counsel Blackwell Smith of NRA said efforts to enforce the recovery act would continue as usual despite the Weirton and other adverse decisions. The Justice Department, which has the final say in prosecutions, declined all comment until its lawyers make g thorough study of the decisions. Other Tests Docketed It was uncertain how soon a Supreme Court review of the Weirton case could be obtained. Other equally vital tests of NRA already are docketed for argument. Foremost arc these: The case of the Spielman Motor Cos. of Now York challenging the power of the Federal government, through NRA, to regulate price allowances. The case of the Belcher Lumber Cos. of Alabama in which Federal Judge William I. Grubb held unconstitutional NRA's attempt to regulate wages and hours. Judge Grubb's ruling that the Tennessee Valley Authority’s great power sale program is invalid, the constitutionality of the compulsory railroad pension law passed last session, and certain aspects of AAA, particularly its milk licensing program. are other cases questioning legality of the New Deal. CHURCH GROUP TO DINE Indiana Farm Bunau Director to Address Meeting. Anthony Lehner. rural training director of the Indiana Farm Bureau Co-operative Association, will address the Northwood Christian Church fellowship dinner tonight. Fred Pollcak will be chairman of the meeting.

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•TYPEWRITERS’ RATTLE ON POLICE RANGE

—Times Staff Photo. Trained by firearm experts of the Indianapolis Police Department, soldiers at Ft. Benjamin Harrison have become proficient in the use of Thompson submachine guns. The ejected shells are visible in this picture as Sergt. Curtis E Palmer fires at a target on the police range.

News Survey of Indiana

By Timm Spirit!l CRAWFORDSVILLE. Ind., Feb. 28—The possibility that the Montgomery County Farm Bureau may employ a country agricultural agent was seen today following an open meeting of farmers and business men. Representatives of the Farm Bureau. Crawfordsville Rotary Club, Montgomery County Chamber of Commerce and Montgomery County Farm Bureau Co-operative Association expressed themselves as favorable to the move at the meeting.

Assessment May Rise By Timrn Special COLUMBUS. Feb. 28 —The heavy building program in Bartholomew County may boast the total assessed valuation of property for tax purposes $1,000,000 over the total last year. County Assessor William McClintic estimates. Deputy assessors received final instructions Wednesday for the assessing which began today. In 10 of the 14 townships of the county the assessing work will be done by the township trustees unless they pay for deputy assessors from their own salaries. a a a Auto Injures Three By Timra Special SALEM. Feb. 28— Dr. L. W. Paynter and Dr. C. B. Paynter are recovering from injuries suffered when an auto plunged through the plate glass window of their office on the main street of the town. Dr. L. W. Paynter suffered broken ribs and a leg injury as the chair in which he

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was sitting was jammed back against the wall by the car. Dr. C. B. Paynter was injured by flying glass and Frank Trueblood, Bedford, a patient, received minor injuries. The auto driver, Morris Strange, 17, previously jailed on a drunken driving charge, leaped from the car and fled from the scene through a crowd of several hundred persons, a a a Clinic Scheduled By Timm Special HARTFORD CITY, Feb. 28.—A1l physicians in Blackford county will attend a free tuberculosis clinic to be conducted here by the Blackford County Tuberculosis Association, March 6. Lectures on diagnosis and care of patients will be given by prominent physicians. The entire expense of the clinic will be met by the association.

THE INDIANAPOLIS TIMES

‘VOTE-SWAYER’ URGENT NEED OF ROOSEVELT Dismayed Democrats Claim New Deal Lacks Crack Working Politician. By United Brest WASHINGTON, Feb. 28. Dismayed Democratic leaders are complaining that the New Deal cabinet lacks a working politician. President Roosevelt may hear some plain-spoken remarks of that kind when he returns from his vacation. The protest on Capitol Hill is that the Administration is not properly supporting its own legislation when the going gets hard. It is charged, specifically, that only one cabinet member lifted a hand last week to protect the $4,880,000.000 work-relief bill from humiliating defeat. The exception was Postmaster General James A. Farley. He lifted his hand only to his telephone. Mr. Farley talked with a couple of wavering Senators. No Administration vote is traced to his intervention. Even Joseph C. O'Mahoney, former assistant postmaster general, now Democratic Senator from Wyoming, bolted the Administration on the recovery bill test. If Mr. Farley appealed to him it was futile, although Senator O'Mahoney’s vote or any other would have given victory to the New Deal. Democratic leaders would welcome the appearance of someone around the White House or in the cabinet who could swing a vote or two in a pinch. Previous administrations have employed such trouble shooters. Democrats who are trying to protect Administration bills are worried. In the privacy of their offices they acknowledge their inability to cope with the Progressive Democratic bolters who frequently align themselves with the Republican mi-

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nority to trip the New Deal. They would welcome aid from downtown if any were offered. It is contended Mr. Roosevelt should have someone around him to watch for and avoid just such unnecessary trouble. Every President since the elder Roosevelt has had a secretary or cabinet officer assigned directly to that responsibility. Woodrow Wilson did much of It himself. The most effective congressional trouble shooter was the late James W. Good, Secretary of War in the Hoover cabinet. Walter Newton carried on from the White House secretariat after Mr. Good died. Mr Roosevelt has tried to be his own contact man. But there is complaint he is unable to devote as much time to it as the job requires.

G. A. R. REUNION TO BE HELD AT MARION Indiana Encampment Is Scheduled for June 16 to 20. The fifty-sixth annual encampment of the Department of Indiana, Grand Army of the Republic, will be held June 16 to 20 at Marion, with headquarters in the Spencer Hotel, Commander Edward McClelland announced today.

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MISSION COUPLE HUNTEDJY AIR Fliers Join Army in Search for Pair Captured by Chinese Bandits. By United Press , SHANGHAI, Feb. 28—Airplanes today joined government troops in pursuit of bandits who kidnaped and possibly executed two British missionaries, one of them an expectant mother, in Shensi province. One of the planes carried a doctor to attend Mrs. S. C. Frencham, one of the captives, provided she still was alive when found. She and her husband, a native of Melbourne, Australia, have been missing since last week, when bandits

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raided the town of Nangchiang. where the Frenchams had established a mission station on their wedding tour last year. Her fate in the hands of the bandits whose hatred of foreigners is equalled only by their greed for gold remained uncertain. Mr.

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PAGE 5

Frencham, it was believed, was safe but reports persisted that the young wife had been slain The bandits were fleeing westward, pillaging as they outraced the government soldiers sent after them from Sian, capital of the province in which the outrages occurred.