Indianapolis Times, Volume 48, Number 59, Indianapolis, Marion County, 19 May 1936 — Page 3

MAY 19, 1936

GUFFEY ACT RULING REVIVES ISSUE ON U. S. CONSTITUTION; F. 0. R. STRATEGY AWAITED

.Coal Act Upset Is Termed Challenge to Carry Test to Voters. (Continued From Page One) from which RA funds were drawn was not Invalidated by the appeals court decision. "The decision was limited to the particular type of project involved and, as the Department of Justice interprets it,” said Attorney General Homer S. Cummings, “was not intended to apply to other agencies of the government or to other activities of the Resettlement Administration.” New Deal critics rejoiced over the GufTey decision, recalling that Mr Roosevelt wrote last year to the House committee which considered the Guffey Bill in these words: “I hope your committee will not permit doubts as to constitutionality however reasonable, to block the sugestedg legislation.” Alternatives of varying scope to the Guffey Act as seen today included: 1. A campaign showdown and submission of a constitutional amendment if the popular vote approved New Deal policies. Mine Leaders Drafting Bill 2. A New Deal-labor effort to salvage individual-industry regulation by some new method of approach along lines of a bill being drafted by United Mine Workers' leaders. 3. Voluntary agreement among minprs and operators on a solution of their problems to include collective bargaining and imposition of competitive standards. 4. Creation of an interstate coal compact or uniform legislation by producing states to mesh with new Federal legislation within constitutional limits. 5. Legislation to require national incorporation or licensing for corporations doing business among the states. Change Process of Years Bolstering belief Mr. Roosevelt might make constitutional amendment a campaign issue was the precedent of the Child Labor Act decision. Reasoning in the child labor and Guffey cases was identical on some points. Congress conceded its inability to proscribe child labor by legislation, but in 1924 submitted an enabling constitutional amendment to the states. It still is pending. The long time required to ratify a hotly contested amendment was a factor in dissuading Mr. Roosevelt from making that approach to his problems earlier in his Administration. He expressed confidence in his inaugural address that the fundamental law was sufficiently flexible to permit all necessary emergency legislation. In his “horse and buggy” criticism of the NRA decision, the President emphasized that changing the Constitution usually was a process of several years. But there is the precedent of repeal of *he Eighteenth Amendment for which Mr. Roosevelt got a mandate in the 1932 campaign. The repealer was rammed through Congress and jockeyed to ratification under constant Administrative pressure. The same tactics might short cut the path of any other amendment if it were backed by an impressive popular vote. Lewis Flays Decision Such a vote might, conceivably, be popularly interpreted as a rebuke to the court. But no rebuke would be implied by mere indorsement of a constitutional amendment enlarging Federal power in social and economic fields. The* court undertakes to interpret legislation in the light of constitutional limitations rather than in re.ation to the desirable or undesirable nature of legislative objectives. It is inevitable, however, that the series of anti-New Deal court decisions will become involved in political debate along the lines of today’s court statement of John L. Lewis, United Mine Workers president: “It is a sad commentary,” he said, “upon our form of government when every decision of the Supreme Court seems designed to fatten capital and starve and destroy labor." Lewis expects shortly to confer with Mr. Roosevelt. Labor Trouble Feared Consequences of the Guffey decision foreseen by some observers today included: 1. Possible labor trouble in the soft-coal fields. 2. Revitalization of the presidential year constitutional issue. 3. A swing of labor further from the courts and strict constitutionalists toward the New Deal. 4. Foreclosure against other “Little NRA's” for the textile, steel, automobile and other individual industries. 5. New political emphasis upon Mr. Roosevelt’s willingness to take a chance on constitutionality of desired legislation. New Deal ‘Plant,’ Is Belief 6. New campaign ammunition for the New Deal in big mine and industrial states. 7. Ultimate scrapping of the Wagner Labor Relations Act and practical prohibtion against further Federal regulatory experiments relating to hours, wages and competitive conditions. Some observers have believed throughout that the GufTey Act was a “plant” designed by the New Deal to obtain a far-reaching Supreme Court decision upon which the issue of constitutional amendment could most conveniently be carried to the people. Assistant Atty. Gen. John Dickinson somewhat contributed to that belief in his GufTey case argument. He waived all technical arguments and asked for a straight-out decision on the fundamental issues involved. Issue Is Stated Fully Persons who believed Mr. Roosevelt would accept the GufTey challenge and take the issue of constitutional reform to the country pointed to his "reasonable doubt" letter and tactics of New Deal lawyers In trying the case to support their Judgment. The government evidently sought In the Guffey case a thorough

statement of the Supreme Court’s interpretation of constitutional limitations and that is what came forth. In more comprehensive language than in any previous anti-New Deal decision the court bounded Federal prerogatives on all sides. The issue is fully stated if Mr. Roosevelt cares to take it up. The decision recalled immediately the President's complaint against a “horse and buggy” interpretation of the Constitution under which the National Industrial Recovery Act was outlawed. Although Mr. Roosevelt has been less picturesque and vigorous since then in discussing such questions, his New York speech of April 25 emphatically re-stated his New Deal philosophy of Federal action to meet conditions w'hich he believes vo present national problems. He said: “Nation-wide thinking, nationwide planning and nation-wide action are the three great essentials to prevent nation-wide crisis for future generations to struggle through.” The GufTey bill was enacted during threat of economic crisis in the bituminous coal fields. Mine wage scales were in dispute and the bituminous coal industry was struggling to escape confusion which followed invalidation of NRA. Labor generally and some operators favored the GufTey plan, although there was general doubt of its constitutionality. New Deal advocacy of a constitutional amendment would not of itself force the Republican platform and 1936 nominee into dissent. While some Democrats, and Republicans as well, have objected to widening Federal powers, other G. O. P. leaders have taken the position that constitutional change could be justified under some circumstances. Decision May Force Action There has been general Republican complaint, however, that Mr. Roosevelt has ignored reasonably obvious constitutional limitations upon Federal authority. The President has not so far directly advocated changing the Constitution. In his “horse and buggy” discussion of the NRA decision he merely presented the question to the people as worthy of consideration. But the scope of the GufTey decision may compel Mr. Roosevelt to turn about if he is to seek constitutional blessing for the breadth of social and economic experiment his policies suggest. PRESS IS DIVIDED ON GUFFEY ACT RULING Decision Criticised, Praised in Turn by Editors. By United Press Editorial comment on the Supreme Court decision holding the GufTey act unconstitutional follows: NEW YORK TIMES—The Supreme Court has pronounced judgment on a law which from the very outset was clouded by grave legal doubts. . . . Federal power has leached too far, but there still remains the possibility of effective action by state governments.” NEW YORK HERALD TRIBUNE—The six-to-three vote reiterates with increasing force what any other Administration would have accepted as settled law, that under \he guise of regulating interstate commerce the Federal government can not invade the prerogative of the states. NEW YORK DAILY NEWS—The New Deal was voted into the saddle on the promise that there would be a New Deal. These court decisions are pushing us back to the Hoover old deal. LOS ANGELES TIMES— T t is a victory for free labor and a solarplexus blow to the New Deal effort to compel all workers to pay dues and hoir , ' , ge to the American Federation o' Labor. ST. PAUL PIONEER PRESS—As the dissent of three of the judges shows there was enough doubt on the central point to warrant enactment of the legislation notwithstanding the then recent unanimous NRA decision. BOSTON HERALD—The decision is not momentous economically or constitutionally, but it may be politically. The people will remember that one of the last acts of the Supreme Court was the invalidating of another Roosevelt pet measure. DALLAS NEW r !—Rejection of the Guffey Act by the Supreme Court increases the accumulation of New Deal politics which, regardless of good intentions, have been utterly at variance with the principles of American constitutional government. RESETTLEMENT DEFEAT MAY AFFECT MEASURE Blank Check* Work-Relief Bill May Be Rewritten. By United Press WASHINGTON, May 19.—Cancellation of the $1,425,000,000 “blank check” Congress is preparing to write President Roosevelt for the 1936-37 work-relief program was considered today after a District Appeals Court decision outlawed at least part of Rural Resettlement under the current $4,000,000,000 jobs drive. The court objected to unqualified delegation of spending authority. Administration officials said there Is a ‘ distinct possibility” the pending measure will be rewritten to meet the tribunal’s constitutional objections. The sum tp be appropriated would not be reduced.

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HOOVER GETS RESULTS IN FISHING FOR TROUT ON RICHEY ESTATE

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Council Approves Ordinance Regulating Taxicabs in City

Measure Passed by 7-to-l Vote Waits Signing by Mayor Kern. (Continued From Page One) ta car lines into a single trackless trolley service. New measures introduced seek to repeal a city law of 1933 which annexed land adjacent to Meridianst south of 75th-st to the city, and to provide SIBOO for pay of merit board members this year. The taxi ordinance is expected to reduce the city’s taxicabs from approximately 380 to 364. It is believed this reduction may be brought about as vehicles now in service be- - unfit for use. The ordinance sets a minimum fare of 15 cents for the first one and a half miles, an additional 10 cents for each additional mile or fraction up to five and a half miles, and a minimum flat rate of 55 cents to any place more than five and a haif miles in the city limits. Maximum Rate Fixed The maximum schedule is 25 cents for the first mile or fraction, 15 cents for each additional one-third mile and 10 cents for each additional person for a whole trip. Minimum rate by the hour is $1.50, and the maximum is $2.50. Waiting time in each schedule is 10 cents for three minutes. The new ordinance sets the annual license fee at $36 a cab and requires that the licensee carry property damage insurance in addition to public indemnity. All companies are to deposit SSOO with the City Controller to guarantee payment for property damage which may result from accidents due to negligence. Another insurance requirement provides for a policy payable to the city for the benefit of persons who may suffer personal injuries or death due to negligence in operation of cabs. The policy must provide for SSOOO for one person and SIO,OOO for two persons. Cruising Section Explained The cruising section in the new ordinance makes it unlawul for cab drivers to obtain passengers other than by a telephone call or by a signal. Periodical inspections of both meters and cabs by the city inspector of weights and measures and the officer in charge of the traffic division of the police department aiso are stipulated. Drivers also are to be required to keep daily records of all calls, including the number of passengers carried, where obtained and where taken, the time and the sex of all passengers. Persons found guilty of violating any of the sections of the ordinance can be fined up to SIOO and imprisoned for a maximum of 30 days. In a recent survey by the Chicago Bureau of Editorial Research Reports it was revealed that in 43 of the 93 cities in the country having a population of 100,000 or more, there is an average of one cab for every 1423 persons. 50,000 Cabs In Nation The survey also showed that there are approximately 50,000 cabs in the nation. In Washington, D. C., there is one cab for every 141 persons, while in Akron, 0., there is only one cab for every 10,202 persons. Figures of the American Transit

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_ THE INDIANAPOLIS TIMES

the trout in a stream on the estate of his former secretary, Lawrence Richey, at Catoctin Furnace, Md. Here you see Mr. Hoover reaching for one of the fish he hooked.

Association showed that Portland, Ore., and Seattle, Wash., limit the number of cabs to one for each 2500 population, and that Milwaukee, Denver and San Diego have a ratio of one to every 2000 persons. The A. T. A. report concluded that “the average city is ‘overcabbed’ when there is more than one cab for each 2500 population and ‘under-cabbed’ when there is less than one cab for each 2500 inhabitants.” Concerts to Be Held The Council appropriated S7OO to the Park Board to provide for two concerts next month at Garfield Park by the Indianapolis Symphony Orchestra. Garfield Park was selected because of it? band shell and platform. An ordinance transfering $14,375 of the Works-Sanitation Board budget to be used for improvements at the city garbage reduction and sewage disposal plant also was approved. Another ordinance calling for the suspension of rules so that an ordinance providing for the issuing of $300,000 in refunding bonds can be acted upon at the next meeting also was passed. An ordinance providing for the transfer of SIO,OOO in the budget of the Park Board also was introduced. JENCKES PROMISES HELP ON NEW BILL Ready to Back Substitute Act, Barnhart Told. Times Special WASHINGTON, May 19.—Rep. Virginia E. Jenckes, whose Sixth District contains most of the Indiana coal mines, is ready today to support any substitute for the Guffey law which the United Mine Workers of America can work out. She stated this stand in a wire to President Frank Barnhart of District 11, United Mine Workers of America, Terre Haute, after the Supreme Court held the Guffey law unconstitutional. “The Guffey law brought better living to the miners in the Sixth District and I will support any new legislation they want to keep them from going back to the old days,” Mrs. Jenckes declared. VanNuys Is Surprised Senator Frederick VanNuys, member of the Judiciary Committee, expressed surprise at the sweeping scope of the court’s decision. “I might have suspected that the court would hold some parts of the Guffey law unconstitutional, but I didn't think their majority opinion would be so utterly devastating.” Senator Serman Minton, who is now on an inspection tour of the United States Military Academy at West Point, N. Y., was a member of the subcommittee of the Interstate Commerce Committee which held hearings and voted approval of the Guffey bill. Both Indiana Senators and eight of the 12 Hoosier congressmen supported the bill’s passage. Republican Rep. Halleck and Reps. Pettengill, Farley and Gray, Democrats, voted against it.

IRWIN DISPUTES ELECTION CALL G. 0. P. Chief Claims Right to Set Meeting Date in Eighth District. The Republican State Committee and Eighth District leaders were at odds today over a scheduled district meeting to determine the two members to be elected to the state committee. Supporters of Ralph Gates, Columbia City, for the state chairmanship, declared that a meeting to elect the state committee members had been called for 1 p. m. Thursday in Boonville. Don B. Irwin, state chairman, insisted no meeting of the district can be held until he fixes the time. The Eighth District’s election may determine whether Mr. Irwin retains his state chairmanship. Following the election last week, when Mr. Irwin was elected when he broke a tie by voting for himself, the Gates adherents claimed that the two members to be elected from the Eighth District would have swung the election to the Columbia City man. New Bartholomew Suit Hinted By United Press LOS ANGELES, May 19.—A new contest over the guardianship of screen actor Freddie Bartholomew was to open today as negotiations for an amicable settlement of the boy’s custody apparently fell through.

Where’s George? —gone to . . . SEVILLE TAVERN "This scene is much to Pasha for me," said George, in his harum scarum way, as he fled to Seville for some of that light, delicious Devil's Food cake. “NOTHING BUT HOME BAKED PASTRIES FOR ME. THAT’S WHY I EAT AT SEVILLE" 7 N. Meridian St.

GUFFEY VERDICT LIKELY TO KELP F. D. RJT POLLS Added Support From Labor Predicted by Stokes After Decision. (Continued From Page One) numerous in Pennsylvania. The amalgamated clothing workers are preparing to follow suit at their Cleveland convention this month. William Green, A. F. of L. president, personally has indorsed Mr. Roosevelt, yielding to the pressure, though his organization maintains officially the semblance of nonpartisanship. In terms of votes this mean* added strength to Mr. Roosevelt in November in such big labor states as Pennsylvania, New York, West Virginia and Ohio. The Guffey decision also may draw to his side business groups in the coal areas who expected cash benefits from better times in the mines. Some went so far as to say the reaction would cinch Pennsylvania, with its 38 electoral votes, for the President. The constitutional issue undoubtedly will be thrown headlong into the Democratic national convention at Philadelphia, thus giving real interest to what has promised up to this time to be nothing more than a hallelujah meeting. However President Roosevelt feels personally, the A. F. of L„ undoubtedly will offer a constitutional amendment plank to the resolutions committee at Philadelphia. The President, of course, is going to dictate the platform and can squelch the issue in the convention if he chooses, though not before it gets an airing. How strong the labor pressure will be upon him remains to be seen. A surmise would be that he w*ould not desire to raise the issue, judging from the way he dropped it before, a sampling of public opinion made for him suggested that there still exists a profound rev-

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OFFICIAL WEATHER .United States Weather Bureau

Sunrise 4:27 ! Sunset ... 6:57 TEMPHRATURE —May 19, 1935 7 a. m 56 1 p. 53 —Today—6a. m 55 10 a. ra 66 7 a. m 57 11 a. n 67 6 a. m 62 12 (Noon) 69 9 a. m 64 1 p. m 71 BAROMETER. 7 a. b 30.03 1 p. m 30.09 Precipitation 24 hrs. ending at 7a. m. .46 Total precipitation since Jan. 1 1169 Deficiency since Jan. 1 3 82 WEATHER IN OTHER CITIES AT 7 A. M. Station. Weather. Bar. Temp. Amarillo. Tex Cloudy 30.10 58 Bismarck. N. D Clear 30.16 40 Boston PtCldy 29.76 68 Chicago Clear 30 00 58 Cincinnati Clear 29.98 60 Denver Clear 29 86 60 Dodge City. Kas PtCldv 30.14 58 Helena. Mont Cloudy 29.66 50 Jacksonville, Fla Clear 30.02 74 Kansas City. Mo Clear 30.16 56 Little Rock. Ark Cloudy 30 08 64 Los Angeles Cloudy 29.98 58 Miami. Fla Rain 29.94 74 Minneapolis Clear 30.14 50 Mobile, Ala Cloudv 29 98 70 New Orleans Cloudy 29 96 72 New York Cloudv 29.78 68 Okla. City. Okla Cloudy 30 12 62 Omaha. Neb Clear 30.14 56 Pittsburgh Cloudv 29.86 56 Portland. Ore PtCldy 29 S8 48 San Antonio, Tex Rain 30.00 66 LOCAL WOMAN. 92, DIES IN DAUGHTER’S HOME Mrs. Elizabeth W. Schulz Rites to Be Held Thursday. Mrs. Elizabeth Wolfe Schultz, who last Friday celebrated her ninetysecond birthday, died today in the home of a daughter, 3603 Washing-ton-blvd. Funeral sendees are to be held at 1:30 Thursday at the Hisey & Titus Mortuary. Surviving are four children, Bertha, M. Schulz, Otto D. Schulz and Mrs. Victor R. Jose, all of Indianapolis, and Mrs. Charles Malpas, Baltimore, Md.; two grandchildren and five great-grandchildren. Mrs. Schulz was a member of Zions Evangelical Church and its Ladies Aid Society, the Altenheim and the General Protestant Orphans Home women’s auxiliary. The Rev. Frederick R. Daries is to conduct the services. erence for the Supreme Court and that, as a political issue, it might be dangerous. He has been advised against it by numerous counsellors, it is known. The breadth of this decision, however, appears to put the matter squarely up to him in anew light.

PAGE 3

HEARING IS SET FOR JUNE 18 IN POLLUTION CASE First Legal Test of Law Possibility in Hartford City Action. BY FREDERICK G. MATSON The State Department of Commerce and Industries today set 10 a. m., June 18, for a hearing of Hartford City officials charged with polluting Lick Creek. It is to bo the first appeal hearing under the 1935 stream pollution act. Hartford City has been accused by W. H. Frazier, state engineer, with polluting the stream. City officials have denied the charge. Three Courses Open At the June hearing the board can either affirm, deny or amend an order issued by Mr. Fraizer that Hartford City abate its alleged nuisance. If the board affirms his order, the Department of Commerce and Industries can make a final order the city to comply with the stream anti-poiiuuon law. The city then has 15 days in which to appeal to the Blackford Circuit Court for a review of the board findings. Observers see in the hearing a possibility of the law’’s first legal test. Hartford City can, if it wishes, seek an injunction to prevent the final order of the commerce department from being invoked. Any legal action would be taken in the Blackford Circuit Court. Suits, totaling approximately $52,000, are pending against the city and its industries for alleged Lick Creek pollution. The suits are understood to have been filed by landowners, who claim injury to riparian rights. The Hartford City Faper Cos. and the Fort Wayne Corrugated Paper Cos., both of Hartford City, also have been charged with pollution of Lick Creek, but have not asked for a hearing and have notified Mr. Frazier that they were taking steps to comply with the law.