Evening Star Newspaper, February 19, 1935, Page 6

“LIBERAL" COURT DATES 10 1330 Hughes and Roberts Have Generally Held Against Conservatives. By the Associated Press. The “liberal-conservative” division of the Supreme Court, which was re- fiected again in the 5-to-4 decision on the gold clause, dates back to 1930. In that year Chief Justice Charles Evans Hughes replaced Willlam How- ard Taft and Justice Owen J. Roberts replaced Edward Terry Sanford on the high tribunal. For five years prior to 1930 Taft and Sanford usually had voted with the men often called “conservatives” —Justices Van Devanter, McReynolds, Sutherland and 3utler. The dissent- ing minority consisted of Justices Brandeis and Stone and former Jus- tice Oliver Wendell Holmes. Complexion Changed. Hughes and Roberts changed the complexion of the court by siding with the old “liberal” minority on such important cases as the Indiana chain store tax, which they upheld. The members of the old majority group—Van Devanter, McReynolds, Sutherland and Butler—became the dissenters, just as they were yesterday in the gold cases. The replacement of Holmes with Justice Cardozo in 1932 did not change this alignment. Cardozo not only took Holmes’ place on the bench, but also among the liberals. It was not until January 8, 1934, that a case bearing even by impli- cation upon New Deal policies was decided by the court. Then, in up- holding the Minnesota mortgage! moratorium law, the five liberals again joined in overriding the votes of the four conservatives. Another case involving a State law based on the New Deal was decided March 5, 1934, when New York's right to fix a minimum price for milk | was sustained. Again the vote was 5 to 4. Liberals Defeated. The liberals met with defeat seven | days later, however, when Justice Roberts sided with the conservltives,‘ as he occasionally has done, to rule the Federal Trade Commission was without authority to order the disso- lution of corporations merged by a vote of their stockholders. The most recent 5-to-4 decision was January 6, when Roberts again sided with the conservative justices to hold that courts have no right to increase damages fixed by juries. Should the five justices now eli- gible for retirement on full pay decide to do so. only one of the conserva- tives, Butler, would be left. Con- servatives Van Devanter, McReynolds and Sutherland, among the oldest| members of the court, have passed the age of 70 and have had 10 years of service on the tribunal. So have Chief Justice Hughes and Justice Brandeis. The fourth conservative, Butler, is 68. Justice Stone is 62, Roberts 59 and Cardozo 64. Bean Bath Causes Divorce. CAMDEN. N. J. (#).—Testimony that her husband gave her a shower bath of baked beans has won a di- vorce recommendation for Mrs. Re- becca F. Donovan, 27. She testified in Chancery Court that her tuba- playing husband threatened her life and trailed her at night when she took short walks. before showering her with a bowl of beans. “Savior of Country, SaysD.C.Bar Head Of Gold Decision Step to Bring Order Out of Chaos, Garnett Declares. H. Winship ‘Wheatley, presi- dent of the Dis- trict Bar Asso- ciation, today hailed the Su- preme Court gold decision as “the savior of the country.” “I am delight- ed with the opin- fons,” Wheatley declared. “I be- lieve it is the most epical series of opinions since the Dred Scott case. An adverse decision would have been a national calamity. I think it will prove highly beneficial to busi- ness generally and will ultimately be recognized as the savior of this country.” H, Winship Wheatley. United States Attorney Leslie C. Garnett— “I think the Supreme Court has taken a step calculated to bring order out of chaos. The benefits will sure- ly be felt by every citizen of this country.” lashe C: Gurny Former Secretary of War Patrick J. Hurley declined to comment on the probable effect on business conditions of the decision, but said he believed the majority opinion defining the powers of Congress was correct. “I am no prognosticator, and haven't much idea what the future will bring,” he said, “but I do believe the majority opinion, as it defined the powers of Congress, is entirely cor- rect.” How Decision Affects Debts Copyright, A. P. Wirephoto. < 1l FEDERAL 20 i DEBT NEW DEAL FACE N.R.A.COURT VIEW Supreme Tribunal to Hear Argument Soon After End of Recess. By the Associated Press. The next Supreme Court test faced | by the New Deal is direct ruling on LIONS PAYABLE IN GOLD ESTIMATED LONG TERM DEBT (OTHER THAN FEDERAL) Here in proportional diagrams are shown the amount of long-term indebtedness, other than Federal, in the United States, the present Federal debt and the amount of gold in the gold clause debts. The unshaded area municipal and other carries the gold clause. Striking Differences in Opinions Pointed By the Associated Press. Here are some of the most striking | conflicts in the views of the Supreme | Court majority and minority in the gold clause cases: Majority: “It is necessary to con- sider the power of Congress to estab- lish a monetary system.” Minority: “Any abstract discussion of congressional power over money would only tend to befog the real | issue.” Majority: “There iz no constitutional ground for denyine to the Congress the power expressly to prohibit and | invalidate contracts, although pre- viously made, and valid when made, when they interfere with the carry- | ing out of the policy it is free to adopt.” Minority: “The gold clauses in these bonds were valid and in entire har- mony with public policy when exe- | cuted. They are property * * *. To destroy a validly acquired right is the | taking of vroperty.” | Majority: “If the gold clauses in-| terfere with the policy of the Con- gress in the exercise of that authority | (monetary), they cannot stand.” Minority: “The power to issue bills and ‘regulate values' of coin cannot be so enlarged as to authorize arbi- | trary action, whose immediate pur- pose and necessary effect is destruc- | tion of ‘ndividual rights.” Majority: “We are concerned with the constitutional power of the Con- gress over the monetary system of the country and its attempted frustration. Exercising that power, the Congre: had undertaken to establish a uni- form currency, and parity between kinds of currency. and to make that currency, dollar for dollar, legal tender for the payment of debts.” | Minority: “Such arbitrary and op- pressive action is not within any con- gressional power heretofore recog- nized.” Majority on Federal bonds: “Because the Government is not at liberty to alter or repudiate its obligations, it does not follow that the claim ad- vanced by the plaintiff should be | sustained.” Minority: “Valid contracts to repay money borrowed cannot be destroyed by exercising power under the coin- age provisions.” Majority, on the Federal bond case: “Plaintiff demands the ‘equivalent’ in currency of the gold coin promised. But the ‘equivalent’ cannot mean more than the amount of money wiich the promised gold coin would be worth to the bondholder for the purposes for which it could legally be used.” Minority: “Obligations cannot be legally avoided by prohibiting the By PIONEER! We Call Work for YOU!! All underwear is dried and folded; may be worn without the trouble of further ironing. No hard creases to iron out. Here is a saving of time and trouble for you! M IRR OR_gvntcoralivc Types, sizes, shapes and ornamentation individ- ually designed to fit into any deco- rative scheme for home or store— walls, panels, doors, furnishings, etc. Ideas and suggestions submit- ted. Write or phone for particulars. Phone NOrth 1315 for the NEW IDEAL Laundry Service Our prompt, courteous driver will of debt affected by yesterday's decisions by the Supreme Court. $28,000,000,000 Federal debt $13,000,000,000 carries the gold clause. Of the $117,000,000,000 long-term indebtedness of private interests and State, non-Federal governmental units $85,000,000,000 United States Treasury to satisfy in each diagram shows the portion Of the Gold Decision Conflict Majority and Minority Out in Supreme Court Rulings. creditor from receiving the thing promised.” Majority, in Federal bond case: “Payment to the plaintiff of the amount which he demands would ap- pear to constitute not a recoupment of loss in any proper sense but an un- justified enrichment.” Minority: “The promise was to pay in gold, standard of 1900, otherwise to discharge the debt by paying the value | of the thing promised in currency.” Majority, in gold certificates case: “It cannot be said that, in receiving the (paper) currency on that basis, he sustained any actual loss.” y: “Here the gold was not | returned; there arose the obligation of the Government to pay its vaiue.” . Divorce Granted. ROCKVILLE, Md, February 19 (Special).—Judge Charles W. Wood- ward has signed a decree granting to Clemmie C. Updike of Bethesda an absolute divorce from Gilbert 8. Updike of Wilmington, Del. SPECIALS WEDNESDAY, FEBRUARY 20TH PURE CANDIES Old Fashion Molasses Assortment 40¢ Value—suli pound 1T¢ Black Walnut Brittle 40¢ Value—full pownd 21§ Swiss Cream Wafers 40¢ Value—sati pound 1T ¢ Chocolate Covered 40¢ Value—full posind 17¢ Home Made Mocha Cake 40¢ Value 19¢ AT THE FOUNTAINS Sliced Chicken Sandwich :fl:‘v‘lol 15¢ Buttered Toast with Tea or Coffee regular 20¢ 10¢ Pineapple Ice Cream Soda regular 15¢ m¢ 186 34 STORES-One near you t. Plantations Caramel Sundae reguler 15¢ 1°¢ Brought to Washington You’ll Like IDEAL Service!! rvice . : All of our old re- volving cylinder type of dryers are being supplanted by the new “Alr-way” dryet . . . & machine which uses currents of pure, warmed air in a revo- lutionary new process of drying wearing ap- parel. All bed and table linens beautifully ironed and neatly folded. Bath towels retain their original fluffiness. = <7 / the constitutionality of the N. R. A. Eager for a decision before Con- gress shapes new N. R, A, legislation, Government attorneys took the ques- tion to the high tribunal without waiting for a Federal Court of Ap- peals to act. They asked the court to review a decision by Judge W. I. Grubb of the United States District Court in Ala- bama, holding that the national in- dustrial recovery act and the code established under it for the timber end lumber products industry are illegal. Early settlement of the controversy which hgs flared for long in Congress and elsewhere was assured when the ADBNER DRURYYS D. C, TUESDAY, FEBRUARY 19, 1935. court agreed on January 21 to re- view Judge Grubb's- decision. To Follow March 4 Recess. The Alabama case is expected to be argued after the nine justices end a two-week recess on March 4. It involves Willlam B. Belcher, a tim- ber producer and manufacturer, who was indicted on the allegation that he permitted employes to work more hours per week or at less than the minimum wage stipulated under the code. Belcher’s assertion that enforcement of the code would take his property without due process of law, and that the recovery act was an illegal dele- gation by Congress of its legislative powers was sustained by Judge Grubb. Qil Clause Ruling Adverse, So far the New Deal has undergone two tests in the Supreme Court. One was the gold case, decided yesterday. The other was the N, R. A, oil clause ruling a month ago. In that case the court unanimously declared unconsti- tutional a section of the national in- dustrial recovery act under which the Government was regulating oil pro- duction. The court called that sec- tion an unwarranted delegation of leg- islative powers to the executive branch of the Government. Legislation to replace the oil-con- trol section thrown out by the court was passed by the House of Represent- atives yesterday and sent to the Sen- ate for action on amendments. This measure would prohibit the movement FINEST DARK Full One- Pound Loaf CAPITAL'S in interstate commerce of illegaly pro- duced ofl, provide for confiscation of crude moved in violation of the Fed- eral ban, and give President Roosevelt authority to set up whatever agency he deems fit to carry out this program. Its backers contend it will be satisfac- tory to the court. “Tainted” Alimony Denied. CHICAGO (#)—Judge Francis B. Allegretti has frowned on gambling money as alimony. When Mrs. Joseph Wendt, whose husband is a book- maker’s assistant, applied for alimony, he said: “I deny your request on two grounds, In the first place you shouldn't even want money that is derived from gambling. In the second place you're not entitled to it because you have only yourself to look out for. St‘l‘\'@' this broth of broths HOPKINS SEES NEW ERA IN RELIEF IN WORKS BILL Federal Administrator Declares System “as We Have Enown It” Is Over. By the Assoclated Press. NEW BRUNSWICK, N. J., February 19.—Answering charges that politics were intruding into the administra- tion of relief by the Federal Govern- ment, Harry L. Hopkins, Federal ad- ministrator of emergency relief, yes- terday said, “The day of relief, as we have known it. is over.” Hopkins, addressing the Rutgers University Institute of Rural Eco- nomics, said he based his belief that 2 new relief era was impending on the expectation that the $4,880,000,000 work-relief bill would be passed by Congress. 350,000 Houses to Be Built. 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