Evening Star Newspaper, August 23, 1935, Page 12

rA—I2 ROBINSONDEFENDS PARTYLAWMAKERS {70 Pct. of Unconstitutional Legislation Passed by Re- publicans, He Says. Departing from a strict review of the record of the zlosing session of Congress, Senator Joseph T. Robin- son, Democrat, from Arkansas and majority floor leader in the Senate, last night took occasion to dispute some of the charges that Democratic Congresses have enacted more than their share of unconstitutional legis- lation. Speaking over the National Radio Forum sponsored by The Washington Evening Star and the National Broad- casting Co., the Senator declared that 70 per cent of such legislation has been enacted by strictly Republican Congresses. “Since the founding of the Govern- ment,” he said, “there have been 33 strictly Democratic Congresses and 27 Republican Congresses, * * * Dur- ing the time of these strictly partisan | bodies, the Democrats passed 20 acts declared unconstitutional and the Re- | publicans 42. * * * So why all the constitutional partisan “flirore?” Historic Session. Legislation enacted by the first ses- sion of the Seventy-fourth Congress, now in its closing stages, will go down among the “greatest measures enacted in the history of our Government,” the Democratic leader declared. Out- standing in this record is the social gecurity act, enough in itself to qual- ify the session “among memorable Congresses.” Other noteworthy legislation he listed as veterans’ benefit legislation, emergency relief appropriations, the banking act, national labor relations act, bus and truck regulation and a long list of lesser enactments. In the seven months thus far, he said, 10,000 bills and resolutions were presented in the House and nearly 4,000 in the Senate. Nearly 15000 nomirations ‘were considered. The text of Senator Robinson’s ad- dress follows: Near the close of one of the longest sessions of Congress ever held, it may be truly said that the first session of the seventy-fourth Congress has justi- fled its prolongation by passing legis-. lation, the quality of which is com- parable to the greatest measures en- acted in the history of-our Govern- ment. I dare say many people who have followed the newspaper accounts of the proceedings understand the im- portance of the legislation of this session. Some of the newspaper head- lines have related to the differences expressed as to legislation, but the Congress, in the main, has actually been a harmonious, hard-working body engaged in threshing out differences | to the end that wise and necessary laws be enacted. The partisan newspapers have stressed wrangles. That is quite nat- ural for there is drama in a struggle, and no drama at all in the ordinary routine of legislation. Men of prin- ciple will fight for their convictions, and in the earnestness of debate sharp things are said. Also, to some extent, politics enters into the motives and movements of Congressmen. That is not, so bad as it sounds, for it sharp- ens criticism of bills, and refines the final measures. Legislation frequently is suggested by the President as the Constitution contemplates. Administration sources very naturally find the need for legis- lation from experience in administer- ing prior laws. Every one of the measures disposed of has been de- bated, analyzed, and I believe im- proved. Some are still before con- ferences of the two houses of Congress, in the process of recon- ciling divergent views of the Senate and House of Representatives. Social Security. If the session soon ending had done nothing but enact the social security act, it would have qualified itself for & place among memorable Congresses. ‘This measure represents progress. Old age pensions, unemployment insur- ance and definite recognition of the obligations to take care of such un- fortunates as crippled children, the blind and indigent mothers are some of the features of this new law. The bill creates a Federal-State unemploy- ment compensation; it provides that after September 1, 1936, employers will be assessed excise taxes on their pay rolls of 1 per cent next year, 2 per cent the year following and 3 per cent thereafter. The funds will be paid according to laws adopted by the States. The bill allows a credit up to 90 per cent to employers on account of taxes paid to particular State unemployment funds, and grants a Federal subsidy of $4,000,000 in 1936 and $49,000,000 annually there- after to assist the States. The bill au- thorizes $24,750,000 to assist the States in aid to dependent children; grants are to be made of one-third by the Federal Government and two-thirds by the States with the Federal allow- ance limited to $6 to a child and $4 to any other child in the same house- hold; $3,800,000 a year is the Federal Government’s contribution for the health of mothers and children, es- pecially in rural areas, and $2,850,000 8 year is granted in providing surgi- cal and other facilities for crippled children. The Nation will grant $8,- 000,000 to assist the States in general health service and $3,000,000 on 2 fitty-fifty basis for pensioning the needy blind. There are, of course, other grants and provisions, but the most important of them is a cash benefit to people over 65 years old, based on the total amount of wages received before the beneficiary at- tained the retirement age. The Treasury is to be reimbursed for these grants by a tax upon both employers and employes based upon the latter's ‘wages. Unemployment insurance is part of the program, the rate of pay being based on the avarage monthly salary contingent and varying accord- ing to the years of employment. Every effort is made in those provisions ‘to guard against favoritism. The Social Security Board will be composed of three members, not more than two of whom to belong to the same political party, and the terms of office will be six years in order that periodical ep- pointments shall not coincide with any presidential term. The general recognition of the ne- cessity for such a measure was indi- “42 G. O. P. SENATOR THE EVENING STAR, WASHINGTON, Acts Invalid” ROBINSON. —Star Staff Photo. For example, World War veterans have been restored to former rates of compensation for disabilities, incurred during service and 75 per cent of the former rates for those whose dis- abilities are described as presump- tive, meaning that, while it cannot be established, their disabilities are pre- sumed to have resulted from their period in the Army. Civil War vet- erans and their dependents are aided by a restoration of 5 per cent. Span- ish-American War veterans and their dependents benefited by a complete restoration of pensions at an in- creased cost of about $45,000, New hospitals and additions to ex- isting veterans' hospitals are taken care of by the appropriation of $21,- 000,000, and free hospitalization is extended to peace-time veterans who are on the pension rolls. Another bill extends the period during which claims for adjusted compensation may be filed to Janu- ary 2, 1940, giving opportunity to every soldier to obtain what he is entitled to when this adjusted com- pensation falls due. In addition, an grrangement has | been eected to have the Finance Committee consider and report & measure relating to the payment of adjusted compensation certificates by the 15th of January next and to pro= ceed to the consideration and disposi- tion of the bill during the session whlchlhennl January 3, 1936. Emergency Relief. In the early part of this session more attention was paid to the $4,- 000,000,000 work-relief appropriation than to any other measure that came before the Congress. The purpose of this huge sum, the expenditure of which was left in the President's hands, was the elimination of the dole. The theory is and the practice should be that no person capable of working is to receive Government alms. Experience had shown that the doie system was breaking the morale of many, and in certain sections of the country there were instances of people being content to live on the Federal bounty rather than to accept work, even though the wages were higher than the dole. There was even controversy about the rate of pay. Some people thought that Gov- ernment work under this appropria- tion should pay the same wages as any other work. was that it would require much more than the sum appropriated to meet | the pay rolls, and we could never get rid of the relief workers. So the pro- gram was adopted making the pay larger than the dole but smaller than the prevailing rate. The obvious pur- pose of this was to insure that nobody would stay on work relief who could get a private job. That program is under way, and already its effects are visible in the diminution of the emer- gency relief rolls. Ultimately there will be left on the list of those getting direct relief merely the unemployables. The care of them will revert to their States. Meanwhile, the $4,000,000,000 will go into public works, C. C. C. camps, highways, roads, streets and railway crossings, and various other enterprises that will put men to work and contribute to public improvement. $900,000,000 is set aside for loans and grants to the States to carry on their own projects, it being specifically pro- vided that of the allotments under this heading 25 per cent of the Fed- eral grant must be expended for labor. ‘There was $800,000,000 still unused from last ‘s appropriation. This The answer to this| D. C., FRIDAY, was lumped in with the rest, so in all there is due to be spent nearly $5,000,000,000 to get people off the relief rolls and into employment which, while not paying enough to put them into competition with the labor in private enterprises, will pay wages sufficient to keep going those who would otherwise have no jobs until the superior pay of private em- ployment takes them out of the Gov- ernment service, Banking Act of 1935, The banking act was one of the measures about which there was con- siderable controversy, between those who sought to have closer Govern- ment control of the Federal Reserve System and those who sought to di- minish the Government’s part. There was finally enacted a compromise be- tween these two groups. The Board of Governors of the Federal Reserve System is to be made up of seven members appointed by the President. After February 1, 1936, the Secretary of the Treasury and the controller of the currency, who have heretofore functioned, will be eliminated from membership. There is provided a Federal Open Market Committee, having charge of open market opera- tions and the Reserve Banks will act in accordance with its instructions. This committee is composed of the Board of Governors and five members to be elected by the Federal Reserve Banks. It is also provided that pur- chases of obligations must be made in the open market. The measure places a curb on the use of funds for specu- lative purposes by making it more difficult for member banks to alter reserve requirements on deposits. Re- serve banks are required to restate their discount rates every 10 days, subject to the approval of the board. National banks are permitted to make real estate loans up to 50 per cent of the appraised value of the security offered for a term of 5 years, except in cases of amortized loans when 60 per cent may be loaned for a 10-year term. The measure broad- ens the eligibility requirements of paper upon which the Reserve banks may make loans. It provides that officers, directors and employes of Reserve member bank may serve in similar capacity in one other bank if AUGUST 23, 1935. approved by the Reserve Bank gov- ernors. It requires all State banks with deposits of $1,000,000 or more to join the Federal Reserve System of 1942, in order to have their deposits insured, and provides for the per- manent insurance of bank deposits up to $5,000 per individual account. It limits dealings in securities to pur- chases and sales upon order, and for the account of customers; and pro- hibits associations from underwriting any issue of securities. It permits as- sociations to purchase securities for their own account subject to limita- tions and restrictions by the con- troller of the currency, and provides that the total amount of the securities of one issuer or obliger held by an association for its own account shall not exceed 10 per cent of the actually paid in and unimpaired capital stock and surplus fund, except that this provision shall not apply to lawful holdings as of the date this legisla- tion is enacled. National Labor Relations Act. The act generally known as the ‘Wagner labor disputes law is perhaps the most important bill from the point of view of organized labor that has come before the Congress. In brief, it creates the National Labor Relations Board, consisting of three | members appointed by the President with the advice and consent of the Senate. States’ employes have the right to self-organization, to bargain collectively and to join or assist labor unions. It classifies as unfair labor practice, any effort on the part of an employer to interfere with employes in the exercise of their guaranteed rights to dominate any labor organi- zation, or discriminate in regard to employment so as to encourage or discourage membership in any labor organization; to discriminate against any employe for filing charges or giv- ing testimony under this act: or to refuse to bargain collectively with the representatives of his employes. It provides for employe representatives and their election, and empowers the board to prevent any unfair labor practice and vests the board with in- vestigatory powers. This measure really carries out one of the elements of the N. R. A. pro- gram, which was vitiated by the Su- N THE HISTORY OF THE HUB FURNITURE CO AUGUST SPECIALS "IN oUR RUG DEPARTMENT 9x12 or 8.3x10.6 SEAMLESS AXMINSTER RUGS Attractive pecially suitable for Colonial rooms. 9x12 or 8.3x10.6 SEAMLESS Tapestry Rugs 516.95 Your choic‘e of several plain shades. Mottled designs es- Seamless Tauvpe, wine $10.95 9x12 BROADLOOM Velvet Rugs $29.95 and fringed. and walnut. preme Court’s decision. It might be| just as well for me at this point to | tell you something about the consti- | tutional controversy in regard to some | of the recent legislation. The effort has been made, of course, to comply with the restrictions embraced in the Supreme Court’s decision. nothing novel about the questioning of the constitutionality of pending legislation. Very frequently in the past the question has been raised, and not infrequently the Supreme Court has found it necessary to rule against acts of Congress that were signed by & President. For example, the Su- preme Court declared unconstitutional seven different laws signed by Presi- dent Harding. Even President Cool- idge, who has come to typify extreme caution in the American mind, fared no better than his predecessor, for tfie signed by him. During the relatively somnolent term of President Hoover the Supreme Court declared unconsti- tutional three measures regularly en- acted and signed by the President. Precedent has determined that it is the function of the judicial branch of the Government to pass on the valid- ity of all laws, and while Congress never knowingly enacts a measure Supreme Court declared invalid laws | trucks that so suddenly became an element in our transportation system. The railroads complained that whereas they were under strict control by the Interstate Commerce Commission, that while they have to pay for rights of way and maintenance of their road ‘There is | beds, this new competition was ex- | empt from all these restrictions. That busses and motor trucks use the pub- lic highways without tax or charge, | make rates to suit themselves, effect | mergers or institute competition just as they please. There is of course, the other side to the story, the argu- ment of the bus and track companies that they perforra a service the rail- roads cannot perforin, for they gather their passengers and freight wherever they happen to be and deliver thew to the doors of their homes or their places of business. Out of the con- troversy has come this new law, which provides that the Interstate Commerce Commission shall regulate these serv- ices and see to it that they supply adequate service and insure safety of operations and equipment. The bill leaves out of such control specific ve- | hicles, such as those used exclusively in carrying live stock, fish or agricul- tural commodities, or in the distribu- tion of newspapers, or those which are that contravenes the known opinion | of the court, it must, in advance of | | such an opinion, accept the judgment | of its own legal authorities. Since the founding of the Govern- | | ment there have been 33 strictly Dem- | ocratic Congresses and 27 Republican | | Congresses. The others were a mix- | ture of Democratic Houses and Re- | publican Senates, or Republican Houses | and Democratic Senates. During the time of the strictly partisan bodies, the Democrats passed 20 acts declared unconstitutional and the Republicans 42. Therefore, you find that the Re- publicans have passed 70 per cent of the acts declared unconstitutional and | the Democrats 30 per cent. Twelve of these unconstitutional acts were passed under the administration of the Republican President and popular | war hero, Gen, Grant. So why all the | constitutional partisan furore? Bus and Truck Regulation. ‘The Seventy-fourth Congress also for the first time brought under Fed- | eral control the busses and motor used and controlled and operated by farm co-operative associations. The legislation that has been en- acted is, of course, only a tithe of the output of the session that began with the new year. Such important meas- ures as the public utilities bill, seeking control of the holding companies; the tax bill raising surtaxes in the higher brackets and ncreasing the tax on | large estates and several others are | still passing through the legislative hopper. The Guffey coal bill, designed to keep economic peace in the soft- | coal flelds, oy passed the House a day or two ago. We have passed laws affecting mines and minerals, railroad | transportation, extending deposit in- surance, protecting wild life and game We have added to the farm credit | law, providing for loans to farmers for | crop production and harvesting; de- |clared a policy in regard to soil erosion; amended the home mortgage financing act; amended the farm | mortgage act benefiting the tenant farmers and share-croppers; regulated | ~(Continued on Thirteenth Page.)