Indianapolis Times, Volume 46, Number 252, Indianapolis, Marion County, 1 March 1935 — Page 10

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NRA APPROVAL BY HIGH COURT HELD CERTAIN New-Dealers Confident of Victory: Prepare New Legislation. By Scripps-Howard Newspaper Alliance WASHINGTON, March 1, —Confident the Supreme Court will approve NRA and Section T-A, the Administration is planning to proceed at once win preporation of new NRA legislation. Meanwhile, it will appeal the Weirton decision, under which 7-As collective bargaining guarantees would be lifted from most factories, but a Supreme Court opinion before next winter is unlikely. Another Supreme Court decision this spring, however, in the W. E. Belcher lumber code case from Alabama, may supply the final and authoritative answer to Federal Judge Nields' ruling that the Weirton Steel Co. is not engaged in interstate commerce, and hence not subject to NRA's requirements of collective bargaining. The Belcher case, appealed from Federal Judge Grubb m Birmingham, and set for argument in early April, also involves the contention that NRA —its wage and hour phase in this case—does not apply because it goes beyond the government's power to regulate interstate commerce and violates three other constitutional limitations. Claims Theory Outmoded The New Deal officials involved, most of whom would not be quoted on a pending case, were privately almost unanimous in predicting an eventual victory in the Weirton case. Blackwell Smith, NRA general counsel, voiced the consensus when he said Judge Nields' ruling "seems clearly to be based on an outmoded theory of constitutional law.” Thus In the Belcher case, and later in the Weirton case, the Supreme Court is to be confronted with a decision of comparable import with the gold cases, involving a choice between two historic principles of law and economics. As put by Judge Nields in his decision at Wilmington, the old-line. anti-New Deal principle is: "The suggest that recurrent hard times suspend constitutional limitations or cause manufacturing operations to so affect interstate commerce as to subject them to regulation by the Congress borders on the fantastic and merits no serious consideration.” 1933 Derision Cited Mr. Smith called attention to the other philosophy, as expressed by the Supreme Court in 1933 in the

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Mrs. Margaret Sanger Asa leader in the birth control crusade. Mrs. Margaret Sanger is nationally known. She will speak Sunday night to the Indianapolis Open Forum at Kirshbaum Center, N. Meridian and 23d-sts. Appalachian Coals case, upholding a pre-code coal marketing agency desipte the anti-trust laws. The court said: "When industry is grievously hurt, when producing concerns fail, when unemployment mounts and communities dependent upon profitable production are prostrated, the wells of commerce go dry.” Donald R. Richberg, recovery coordinator, in a recent speech quoted the high court’s decision in the Nebbia milk case from New York, which points out that the court has "from the early days affirmed that the power to promote the general welfare is inherent in government.” Government lawyers in the Weirton case were confident that on the “Stream of interstate commerce” theory, based on the Supreme Court’s own decisions in recent years. Judge Nields ruling will be overturned. This theory is based on the fact that the company’s raw materials come from another state, and its finished products are marketed in still others—the process of manufacturing being a mere transition stage. Hughes Believed Favorable The Supreme Court has, on this principle, upheld Federal regulation of packers under the Sherman AntiTrust Act and the Packers and Stockyards Act, and of graintrading under the Grain Futures Act. Chief Justice Charles Evans Hughes, in a book written while he was in private life, explained the recent entry of Congress into regulation of "intrastate activities.” He said: “This has not been due to the recognition of any power of Congress to deal with the internal concerns of the state, as such, but to the commingling of interstate and intrastate transactions, so that the government of the one involves to an extent the government of the other.” As to the validity of 7-A as applied to factory workers who, according to Judge Nields. are not in interstate commerce. New-Dealers point out that the Supreme Court, in the first decision Mr. Hughes read after becoming chief justice, upheld in 1930 the railroad labor act of 1926 embodying the same prohibitions. Furthermore, the anti-com-pany union injunction in that case was obtained by a union of railroad clerks—whose stationary occupation would seem to remove them from direct interstate commerce if any one on the railroad is so removed. ARMORY BUILDING IS SOUGHT FOR INDIANA $1,300,000 in Projects Is Outlined to U. S. By Times Special WASHINGTON, March 1.—Plans for an Indiana National Guard armory building program, to be financed by $1,300,000 from the $4, - 880,000.000 works relief funds, have been presented to officials here as part of a nation-wide program calling for total expenditure for armories of $70,000,000. Details of the Indiana plan, worked out by Adjt. Gen. Elmer Straub, were presented to George H. Dern, secretary of war. today by Maj. N. L. Thompson, assistant to the Indiana adjutant general. They include construction of a new Naval Militia headquarters armory at Indianapolis for $300,000. National Guard armory at Evansville for $25,000. and also new armories at Darlington, Colfax, Attica, Spencer, Columbia City and New Castle. Additional buildings at the Mars Hill Airport, costing $75,000. also are included in the plan. Its success will depend upon passage of the works-relief appropriation bill. Secretary Dern pointed out. JANUARY FIGURES SHOW FARM INCOME INCREASE Report of Agricultural Board Reveals Huge Gains During Month. By United Press WASHINGTON. March 1.—Farm income rose from $458,000,000 in December to $493,000,000 in January, the Bureau of Agricultural Economics reported today. In January, 1934. it was $485,000,000. Cash income received by farmers from the sale of crops and livestock totaled $428,000,000 in January, compared to $435,000,000 in December and $425,000,000 in January, 1934. FILLING STATION ROBBED Two Hoodlums Hunted in $35 Raid on East Side. Two hoodlums, both armed, are being sought by police as the bandits who held up and robbed Emil Gassert, 1501 S. Talbot-st. and M. S. Rush. 28, of 3549 E. 16th-st, of total of $35 last night at the Gassert Service Corp. 303 N. Rural-st Men’s Class to Dine The Men's Class of the University Park Christian Church will attend a fellowship dinner tonight in the church.

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THE INDIANAPOLIS TIMES

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