Evening Star Newspaper, December 11, 1934, Page 5

NEW DEALEETS HGH COURT TEST President’s Code - Making Powers Probed by Su- preme Justices. By the Assoc'ated Press. ‘The first New Deal national legisla- tion to be argued before the Supreme Court of the United States—the ofl code—yesterday attracted the keen at- tention of the members of the bench. Both liberal and conservative justices manifested a disposition to inquire searchingly into the authority, or leck of authority, of the President to ne- gotlate and proclaim codes. The ofl legislation is only a section of the national industrial recovery act, but the National Recovery Admini | tration, itself, rests upon code making. For a time the listeners in the crowded court room thought they might be listening to an anti-climax. Harold M. Stephens, Assistant Attor- ney General, said with a rueful smile that J. W. Smith and five other oil producers from the Texas field had been indicted for violating a section of the oil code which did not exist. Flaw Laid to Oversight. Stephens explained that, through an oversight, production of oil in excess of the quotas fixed—a charge against the companies—had not been declared & violation of the code. ‘This inadvertence was remedied last September, but the Government filed suits against the oil concerns before then. Rugged Justice McReynolds of Tennessee and others asked whether the Government had sny case at all. Stephens argued, however, that the constitutionality of the section of the national industrial recovery act was directly at issue. He said other regu- lations of the oil code were involved. The justices let Stephens proceed and the interpretation was that the court would decide the cases on their merits. Justices Argue, Too. In that case, the court would rule on the central issue involved in the law and the regulations under it—the right of the Federal Government to control oil production. The justices did almost as much arguing and commenting as Stephens and J. N. Saye, counsel for the Amazon * Petroleum Corp., one of the five con- cerns involved. Justice Brandeis commented that in the delegation of authority by Con- @ress to make codes there had been no provision requiring the President to act on any findings of fact or after a hearing. Chief Justice Hughes said: “The President is required to make no findings of facts, or to adhere to any particular standard in making the codes.” Legal Sufficiency Doubted. He added that in the oil code the President “declared that excess pro- duction shall not be permitted to move in interstate commerce for whatever reasons he may deem sufficient.” The questions asked indicated that some of the justices, at least, doubted whether Congress in the oil bill and perhaps N. I. R. A, itself, had laid down a proper legal yardstick for the President to follow. Stephens, however, insisted that “certain facts” were required before the President could approve codes. Brandeis, a leader of the court's liberal group, said also there was no official publication of the codes avail- able to the public generally to advise them what was in the pacts. Another Measure on Docket. McReynolds said the court in prior decisions had ruled the Government had no authority to control production in the States. The Government counsel said that Federal authorities had the right to regulate intrastate commerce where it directly affected interstate. ‘The court earlier put another New Deal measure, the law setting up N. R. A, itself, on its docket yesterday for decision by consenting to review a case based on the code for the motor zetail trade. A three-judge Federal court had up- held the code and Spielman Motor Sales Co., Inc, of New York, which challenged the agreement and the law, appealed. GOLD STOCK AT PEAK $14,105,345,205 in U. 8. Coffers at End of November. The supply of money for United States reached a new high of $14,105,~ 345,205 at the end of November. Imports of approximately $130,000,- 000 in gold supplied most of the in- crease over October’s figures of $13,- $19,395,014. During December the gold stock advenced another $31,000.000. Most of the money stock was held in the Treasury and in Federal Re- serve banks. The coin in circulation, however, was $5.548,797,702, as com- pared with $5,453,335,407 at the end of October. The per capita circulation increased over this period from $43.05 to $43.78. e $10,000,000 ALLOCATED Additional Lands for National Forests Will Be Purchased. Secretary Dern, president of’the Na- tional Forest Reservation Commission, announced yesterday the allocation of $10,000,000 by President Roosevelt for purchase of additional lands for na- tional forests. The allocation, made from emer- gency conservation work funds, is the second to be provided, $20,000,000 hav- ing been set aside on July 31, 1933, for the purchase of 6,000,000 acres of forest land. The first allocation has already been #xhausted. The area of national forest land east of the Great Plains has been in- creased more than 50 per cent since the inception of the program. . Honored by Phi Beta Kappa. NEW HAVEN, Conn., December 11 (#) —Charles Seymour, jr., of New Haven was elected president of the Connecticut Alpha Chapter of the Phi :::fit Kappa at Yale University last Phip E. Jacobs of New York was elected vice president and Lyman Bpitzer, jr., of Toledo, Ohio, secretary. Before Selling Investigate the Prices We Pay Old Gold Jewelry of every description, bridgework, silver. No matter how old or dilapidated any of foregoing articles might be you will be greatly surprised at the cash prices paid by us. (Licensed by U. 8. Govt.) ‘SHAH & SHAH 921 F St. N.wW, Phone NA. 5543—We Will Cann THE EVENING STAR,” WASHINGTON, Pennsylvanié Delegation Indorses Byrns The chances of Representative Byrns of Tennessee to be selected as Speaker of the next House were in- creased yesterday when the Pennsylvania delegation of 29 members was pledged to his candidacy. Left to right, at the conference: Joseph E. Byrns, Joseph F. Guffey, Senator-elect from Pennsylvania; David L. Lawrence, Pennsylvania State chairman, and Harry L. Haines, chairman of the Pennsylvania House delegation. FAIRBANKS TEAM DIVIDED BY ILLNESS Actress’ Breakdown Causes Post- ponement of Film, “Latin Quarter.” By the Associated Press. LONDON, December 11.—Gertrude Lawrence, the actress, is seriously ill, it was revealed today by Douglas Fairbanks, jr., and has been forced to withdraw from the play in which she has been appearing since last August as the stage wife of young Doug. ) Miss Lawrence is suffering with & mastoid condition which has been made worse by a general break-down in her health. Young Fairbanks has been spend- ing several hours a day at her bedside, going to her Chelsea apartment both before and after the two performances he is giving each day at Golder’s Green. Plans to begin work on the film, “Latin Quarter,” based on the opera “La Boheme,” in which both Miss Lawrence and Fairbanks are to be starred, have been indefinitely post- poned. Reich Orders Doubled. Germany’s electro-technical indus- try reports that its business has dou- bled in the last two years. GERTRUDE LAWRENCE. Firemen to Elect. AURORA HILLS, Va, December 11 (Special).—The Jefferson Fire De- partment will elect officers at its an- nual meeting tonight at the fire house. —A. P. Photo. JAPANESE IS HELD WITH ARMY DATA Arrested for U, 8. With 250-Page Book of Military Base Information. By the Associated Press. SAN DIEGO, Calif., December 11.— Department of Justice agents in Los Angeles were asked by police last night to question a Japanese booked at the city jail as Teruo Muramoto, 28, re- a 250-page book containing maps and descriptions of important Army, Navy and Marine base units here. The book was found in the man's possession, police said. Muramoto was arrested in a car parked near a Government reserva- tion on Point Loma, police reported. He was held in the city jail on a tech- nical charge of “hold for the Govern- ment.” A hurried inspection of the book by police indicated that areas including the naval training station, Marine Corps base, Fort Rosecrans, Harbor channel and part of North Island were represented by the maps. Muramoto refused to answer ques- tions, Visit Other Countries. Nearly 1,200,000 people of France visited other countries in 1934. D. €. TUBSDAY, 'DECEMBER '11, 1034, SUPPORT OF BYRNS AS SPEAKER GAIN Selection Believed Assured as He Gets Pennsylvania Delegation Votes. By the Associated Press. A tall, soft spoken Tennesseean— Representative Joseph W. Byrns— was considered far ahead today in the race for the speakership of the second Roosevelt Congress. Most observers believe he will be before the Democratic caucus Janu- ary 2. ‘The Pennsylvania delega- tion of 23 has thrown its full support to Byrns, who has been majority leader since President Roosevelt took office. Backed by Others. ‘The Tennessee delegation and blocs in other southern, northern and western States also back Byrns. His friends predicted the action of the Pennsylvania delegation, first break in the hot contest, will start a band- ‘wagon rolling. “I don't think this leaves any room for doubt over the outcome of the race,” Byrns said with a smile. ‘The Pennsylvania group swung to Byrns in secret caucus yesterday after their leader, Senator-elect Joseph F. THE GIFT STORE FOR ALL THE PEOPLE For the 42nd Christmas Wash- ingtonians ar e coming to A. Kahn Inc. for ... Diamond Platinum Watch 64 round and 2 § Marquise - shaped 250 Diamonds—17-jewel move- ment. Jewelers Stationers 42 Years at have been Esther Licenses Issued. , Md., Novem- licenses UPPER MARLBORO, ber 11 (Special) —Marriage here to the follow- ing: Charles J. De Vaughn, 31, Josephine L. 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