Indianapolis Times, Indianapolis, Marion County, 16 January 1947 — Page 17

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All Were Attentive

MR. HENLEY took up the matter of federal aid and subsidies. Every ear, whether Republican or Democrat, turned his way. I made a point to watch Robert Heller (D. Decatur). Even Mr. Heller, ‘who crosses swords with any Republican who stands up to speak, was listening attentively.

’

Mr. Henley started in slowly on the federal ald -

and subsidy resolution, honing His ax as he went along. By the time he was through so was the resolution. During his speech he wove in elephants, donkeys and the state of Missouri. He failed to mention a certain plano player. A representative introduced a delegation of school children from his. township to the assembly, They all stood up and received a round of applause from the lawmakers. A man standing nearby .sald, “Well, he just got himself 25 votes in the next election.” Then followed the usual amount of verbal shenanigans, and introduction of bills. Someone stood up and. asked for a recess. AYE—recess it was.

Back fo the Hot Air

SEVERAL MADE A beeline for the coke machines in the hallway and formed little caucuses. A

“Barbara Elsbury (left) and house page Mary-Ann Hilligoss hold a little caucus of their own in the statehouse. !

majority of the men preferred to sit at their desks. There was a great deal of vest poking, head shaking,

, Elks tooth dangling, cigar lighting, and neck bending.

One representative, obviously a newcomer, sat all alone, reading a more seasoned leg rolling in the The speaker rapped twice with _ his gavel and brought the house to order, Before any other business was promulgated he explained the parking privileges to the members of the assembly. He also told them who to see if anything went wrong. A motion was kicked around for quite some time, The house was divided. The first vote was close. Speaker of the House Hobart Creighton couldn't distinguish whether it was “aye” or no He called for another vote and said if that was still close he be obliged to call a standing vote. “All in favor say aye.” This was no half-hearted aye. The no's would have to go some to beat it.

dbook., Directly behind him a tor had three of his colleagues

would

“All opposed say no.” Legislative winds indeed were blowing hot and cold. Two voices on opposite sides of the room peeped a weak “no.” There followed a healthy round of laughter, What happened to the opposition? Back to the hot air. It was getting near lunch time. A lawmaker moved for adjournment. ’ The vote was decisive. The Democrats and Republicans were in agreement—but there's always a tomorrow. ed

To Probe, or Not—

By Frederick C. Othman.

WASHINGTON, Jan. 16—Bermuda is a tropic isle, where white surf booms on coral beaches (I bet I could get. a job writing booklets for a travel agency) and American tourists ride in British midget motor

cars on the finest roads in the world. This, as Senator Homer Ferguson of Mich. and ILintend ta prove in a minute, is the insult that makes the injury painful. 2 : : Bermuda's roads are like billiard tables because . our own government, with no by-your-leave from con-

He sald they'd also be surprised to learn that after Bermuda got its highways fixed by us, its legislature passed a law limiting traveling on same to 10 horsepower motors. . This means, he said, that no American sedan can

* gress wouldn't have known quiry, or the insult, either, he said, if it hadn't been for the senate war investigating committee. The senate is about to decide whether to junk Je committee, or give it another year to look into devious paths traveled by some of our wartime billions. Committeeman Ferguson said the investigators had better be kept on the job. He had more examples to prove it.

“Highway . Changed

HOW MANY senators, he asked, knew anything about the Rama road? Nobody held up his hand. The senator from Michigan told about it. Seems that the president of Nicaragua didn’t like the route taken by the Pan American highway

30 Seconds--$2000

HOLLYWOOD, Jan. 16.—The distinction of looking like Rita Hayworth from the rear may be rather dubious, but it is profitable. Actress Kathleen O'Malley, daughter of silent-star Pat, got $2000 for the two-day job. And she didn’t have to say a word. ' It was Orson Welles’ idea, of course. (He likes expensive ideas.) He used it for a mistaken identity scene in “The Lady From Shanghai.” " Orson sees a gal walking down the street, thinks she’s Rita and runs after her. She turns around, and he discovers she’s not Rita. “Get me a gal who looks like Rita from the rear,” ordered Orson. ’ The casting office sent him a dozen. Orson watched them walk, from a good rear view. “The wiggles,” he announced. gravely, “aren’t right.” KatHleen reported to audition. her walk and her wiggle. “Perfect!” he said. Kathleen would have to cut her hair within a couple .of inches of her scalp. and bleach it, to match ' Rita's new blond tresses. Orson didn't want her to wear 8 wig.

Orson Is Happy

KATHLEEN WAS acceptable to the idea—IF Orson made it worth her while, Orson sald: “Fifteen hundred dollars to cut and bleach your hair, ‘and $500 to play the part.” Kathleen took the job. The scene took two days to film. It will run only about 30 seconds on the screen. S Orson is happy. Lo

We, the Women

“MY WIFE likes to go—you know how are.” 4 Within a few days I heard two different older men make that remdrk. Both times it was said with a mixture of ‘tolerance and pride, and both times it preceded an account of a trip the men would not have missed for anything—but probably would never

Orson watched

women

have made if they hadn't been married to women _

who “like to be on the go.” : Yes, women do like to get around and do things. And while fnen make a pretense of regarding that as deplorable, they're usually proud—especially as they grow older—that their: womenfolk won't let them settle down and stay put.

Grow Old Too Soon

: THAT'S A GOOD thing for women .to remem If they listened to their men, took

“he entertained during the war. How he avoids a

Le LE iu Sha i

through his country. Our highway engineers didn’t like' the president’s route. 80 the late President Roosevelt, according to Senator Ferguson, took $4 million from a secret wartime appropriation to build a special road to please the president of Nicaragua. It passed by the latter's farm. “And I say the Rama road had nothing to do with

winning the war,” Senator Ferguson said.

" It's still not finished. The builders ran out of money. Now they need $2,500,000 more. ; “To fulfill President Roosevelt's secret agreethent with President Somosa of Nicaragua,” Senator FerSugg added.

67,000 Pins "IF HIS fellow lawmakers still didn't believe the war in ‘committee ought to continue its investigations, he said, let them consider the matter of 67,000 small steel pins, ? The procurement division, which provides

" the government with paper clips, red tape, adding

machines, waste baskets, electric clocks and other articles too numerous to mention, ordered the pins for lend-lease use. . It contracted to pay 34 cents for each pin, or $22,780. The company that got the order (Senator Ferguson did not name it) farmed out the job to another firm, which produced pins at three cents each, or $2010 for the whole works, This; he said. was a small matter, maybe, but the fact remained that the taxpayers coughed up a profit of 935 per cent to the city slickers. Other similar deals that he knows about, he said, have provided the fast talkers with better than $2 million in profits. Keep the investigating committee on the job, he pleaded, if the people are to learn the truth. X

| — —— —

By Erskine Johnson

Bob ‘Hope will make another overseas entertainment tour this summer, visiting all the spots at which

hospital, we don’t know.

‘Astaire, Come Back’

BOB AND BING Crosby, by the way, do a comedy dance routine for “Variety Girl.” Bing watched Bob strut his stuff on the set for a moment, then cracked, “Astaire simply ‘has to come back.” Phil Rapp, scripter for the Don Ameche radio show, may turn playwright and do a stage version of “The Bickersons,” domestic comedy skit co-star-ring ‘Don, Frances Langford and Danny Thomas. . .. Lina Romay is teaching Clark Gable how to rhumba for “The Hucksters.” They were celebrating Peggy Cummins’ birthday on the “Moss Rose” set. “What birthday is it?” asked Vincent Price. “My 21st,” said Peggy. “It's been a long time since I was 21,” sighed Price, adding quickly, “and I was 21 for a long time, too.” x

David O. Selznick is burning—in technicolor— over Charley Brackett’s description of “Duel in the Sun.” ,Said Charley of David's $5,000,000 would-be Academy Award contender: ; “It's ‘The Outlaw’ in bad taste.” . M-G-M starlet Marie Windsor and Lew Ayres are a new twosome. . . That new contract Jane Russell signed with Howard Hughes gives her twice the salary over a four-year period, without options. , . Betty Hutton is on a weight-reducing diet. She has to lose 20 pounds she gained while becoming a

mama.

By Ruth Millett

occasionally, they both would grow old too soon, Many a man who would settle down complacently and never go anywhere if left to his own devices, owes a good many. interesting and enriching experiences to a wife who “likes to go.” t

Women, Don’t Back Down

80 DON'T back down, women. Don't let a stay-at-home-minded husband talk you out of that trip you want to take, those places you want to go, those things you want to do. = - Keep right on being the kind of woman who “likes to be_on- the go"—and you'll keep both your-. self and your husband young. ; While he may never admit to you that your wanting to get around-and do things has added zest to both your lives, some day there will probably creep into his voice a decided note of pride and satisfaction as he tells a stranger: “My wife likes to go—you know

are” rs Aci #

"HI SENATE"—"H! HOUSE"—Senate page

with his chatter.

.|plants rather than proposing such |

_ SECOND SECTION

State, Federal Efforts

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to Protect Workers

Stymied by Due Process of Law Decisions

Fourth of a Series

8. BURTON HEATH NEA Staff Writer *

FOR 32 YEARS, the supreme court's decision in the Bakeshop’ case stymied every attempt on the part of any state to regulate either wages

or hours of labor for the protection

of workers against exploitation.

For 33 years, a similarly reasoned decision in Adair vs. United States kept the federal government out of the same field.

For either government io ban deprive workers, as well as bosses, of a constitutional right to freedom of contract, without due process of law. That was how the supreme court felt, A Then almost overnight, ‘as part of the transition that saved the court . from President Roosevelt's “packing” proposal, ‘the learned Justices discovered that there never had been any, constitutional guar antee of “freedom of contract,” and that there was no reason why states should not regulate wages and working conditions. At the first opportunity, a similar finding was made with respect to the federal government, w ” ” SUCH SHIFTS as these explain why former Chief Justice Hughes could say that “The titution is what the judges say it is” The circumstances under which the transition was made explain why Carl Brent Swisher, professor of political science at Johns Hopkins university, paraphrased Hughes to remark that “The constitution is what the people think it is.” And the situation caused by such changes explains why Justice Owen Roberts, in a formal opinion, remarked that supreme court .decisions in an era of change are “ze limited railroad tickets—“for this day and train only.” Joseph Lochner had a bakeshop in Utica. New York had a state law forbidding the employment of bakery workers more than 10 hours in any day or 60 hours in any week. Lochner violated the law, was indicted, convicted, and appealed to the supreme ‘court.

«<THE DECISION, in 1905, threw out the state law. It was quite caustic. Bakers, said the court, were just as intelligent as other people, and just as well able to fight their own battles. A loaf of bread was no more wholesome and nutritious be-

cause the baker who made it ‘worked | 145

only 10 hours that day. Lochner and his employees had a constitu-tion-given right to make their own working arrangements, and the state had no right to interfere, Three years later, in Adair vs. U. 8. the court applied this reasoning to a federal attempt to invade ‘the same field. Both deci sions were argued by dragging in the constitutional guarantee of “due process,” using the 14th amendment—originally supposed to protect the rights of liberated Ne-

State Police Bill Worries CIO

Charge Measure Sets Up ‘Storm Troops’

Two ranking C. I. O. leaders said today that a bill has been introduced unobtrusively in the state house of representatives which would make every state policeman a potential “storm trooper.” The measure would strike from the 1945 state police powers act a clause prohibiting use of state police in local labor disputes without the authority of the governor. It was introduced by Rep. Lothair ‘Teetor (R. Hagerstown), a prominent state industrialist. 4 “The bill may have the effect of making our state police organization into a gestapo which influential employers can use without the approval of the governor,” said James McEwan, president of the Indiana C. I. O’s Industrial Union Council. ‘Violates Home Rule’ “It violates the very basis of home rule by enabling an employer who cannot induce local police to inter-

sweatshop wages, and hours would

groes—against the states, and the 5th amendment against congress. From then until 1037 there were occasional breaks in the line, but as late as 1036 the upset a New York state minimum wage law on similar grounds.

labor board cases, and while the

chance of going through, the court. considered Elsie Parrish’s appeal. Elsie was a chgmbermaid in a hotel in Washington state. Under a 23-year-old statute, never before the supreme court, Washington authorized an industrial welfare committee to regulate wages and working hours for women and children. The committee set a minimum of $14.50 and a maximum of

maids. But Elsie's boss refused to pay it, so Elsie and her husband sued for the difference.

The hotel company raised the same plea that had served Joseph Lochner so well—that such a law as that of Washington violated both its and Elsie’s right to freedom of contract, without due process of law. But Hughes couldn't see it that way at all. “What is this freedom?” he inquired rhetorically. “The constitution does not speak of freedom of contract. It speaks of liberty, and ‘prohibits the deprivation of liberty without due process of law. (But) the liberty safeguarded is liberty in a social organization, which requires the protection of law against the evils which menace the health, safety, morals and welfare of the people.” ” » » “ THERE, out of the same constitution and the same sort of facts, was a complete reversal of the Bakeshop decision, States were not confined Y : the public health, which the Lochner decision inferred they might do—they could protect also the safety, morals and welfare of their residents. : In U. 8. vs. Darby, the last restraint was tossed overboard. Speak-

THURSDAY, JANUARY 16

11 2 Decisions That Shaped the Nation— - 5 , 2 High Court Rulings .abor Regulati

THEN CAME the great left about face. Close on the heels of the |

court-packing plan still had a |

ne _ N

MADE PLEA—Benjamin Gitlow made the first "due process" 48 hours a week for hotel chamber- plea for individual rights before of

the supreme court,

ing in some instances under 25 cents an hour, keeping no record of the number of hours worked. Much of the lumber was crossing state lines. The court could see no un-

pany from using interstate commerce to distribute goods “prodiiced under substandard conditions” in a competition “injurious to commerce

the commerce flows.” La J »

JUSTICE STONE conceded

did not matter, intrastate operations also affected interstate trade. And to make the job complete, the court made it clear that the power of congress does not stop, any longer, when it collides with what is traditionally state’s rights. Meanwhile still another ‘bottleneck which the court had built up, over a period of decades, through

bia vs. New .York.

to save the Empire State’s billion

ing this time through Justice Stone, the court declared congress was entirely within its rights in fixing a minimum wage of 40 cents and requiring that time and a nalf be paid for anything more than 40 hours. The Darby Lumber Co. was

dollar dairy industry, the New York legislature had authorized a control board to fix minimum prices for the sale of milk. The board set the minimum at 9 cents a quart. But Nebbia, as an individualist, sold two quarts of milk plus a 5-cent loaf of

processing lumber in Georgia, pay-

With the 85th general assembly in only its fifth day more than 50 professional lobbyists already are registered plying their trade in the state house corridors. ' They are ruled from the floors of the two houses during sessions but during a recess descend upon their favorite legislator, grab him by the coat lapels and give him a serious talking to.

For example there is Carl H. Mullen of Hammond, president of the Indiana State Federation of Labor, who is interested in several measures. to benefit his organization. One coming up shortly is a bill to authorize certain county officials, highway commissioners in particular, to enter into contracts with labor unions. ' The I. 8. F. L. is also going to introduce a bill which will set up a system of state insurance to handle workmen's compensation. At

‘ning the roster of lobbyists in-

bread for 18 cents. For this he was fined $5.

More Than 50 Registered Lobbyists Ply Trade in State House Corridors

the present each employer insures his workers with an irfisurance company and the injured worker must then deal with that company. Un-

der the federation’s measure the}so:

injured worker would be dealing with the state, Seek Per Diem Bill Although they have no special lobbyist nearly every county official in the state is putting in an appearance and getting in a word or two for renewing the per diem bill for county officials. o At the close of business in the secretary of state's office last eve-

cluded the following: Brotherhood of Railroad Trainmen, Ray C. Gilbert, Indianapolis; Associated Railways of Indiana, J. L. Murden, Peru, Eugene Behmer, Indianapolis, and Andrew H. Durham, Greencastle; Kokomo Trade and Labor council, R: C. Rea, Wal-

SILLY NOTIONS

By Palumbo

fere'in a labor dispute to bring in state police.” i Walter Frisble, council secretary, added: “It seems to us Mr. Teetor would do better to maintain a good system of collective bargaining in his own

dangerous legislation to take care of trouble which hasn't even developed yet.” Both leaders pointed out they | did not challenge the use of state | police in bona fide instances of vio- | lence or rioting. |

“In such cases, however, the gov- |

‘ernor has sufficient authority under

| the law as it now stands” Ser said. ; GOP IS Cautious The Teetor bill also would eliminate clauses providing for requests by mayors or other local officials for state police assistance in the handling of labor situations. Currently such requests must be made to the governor who can move after | investigating to his own satisfac- | tion. . Independent of the union leaders’ objections, Republican party leaders indicated the bill might also have the adverse effect of getting ‘thé governor into serious difficulties. ! Should state police move into labor disputes where such action was not warranted, these observers pointed out, the action could prove em-

Fo «

THE ICEBERG

FROZEN FOODS

on For

fairness about stopping: the com-|ga

and to the states from and to which |

frankly that the law also regulated |* intrastate commerce, and sald that |x

Leo Nebbia was a neighborhood |bridied grocer in Rochester. In an attempt |

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It was not until 1925 that the first

the “due process clause,” had been } 31 ow broken in the 1934 decision in Neb- i

danger of abuse. not help these because they .- But the decibecause in it, for show reaalso said for the first time: “We may and do assume that

freedom of speech and of —which are protected by

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way Conductors, E. L. Kenney, Terre

Haute, Other Lobbyists

Brotherhood of Locomotive Firemen & Engineers, N. A. Gibson, Jeffersonville; Brotherhood of Locomotive Engineers, 8. H. Fitassimmons, Indianapolis; Indiana State Council of -Carpenters, W. L. Spenny, Indianapolis; Indiana Congress of

i | 41H

Walker, Greenfield; Let the Peo ple’ Vote, Alvah ©. Waggoner, Pendleton, : : Indiana Anti-Saloon league, Clayton M. Wallace, Indianapolis; Lord's Day alliance, Frank J, Niles, Indianapolis; Indiana Real Estate association, Robert M. Reel, Indianapolis; Indiana Bankers association, Don E. Warrick, Indianapolis; In diana Council of Teachers

: § | ‘

len, Hammond, John Acker, Indi~ anapolis, John O'Donnell, Hammond, Stanley J. Elliott, Marion, and Alton P. Hess, Ft. Wayne, = International Hod: union, Indiana district, John BE. In-

Federation of Labor, Carl H. Mul-

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