Evening Star Newspaper, August 27, 1935, Page 7

- JNLST CENSORING CHARGED T LW Civil Liberties Union De- clares Strike News Broad- casts Are Banned. By the Assoclated Press. NEW YORK, August 27.—The American Civil Liberties Union an- nounced today that it had dispatched a letter to Powell Crosley, jr., owner and operator of radio Station WLW at Cincinnati, charging him with “un- justifiable censorship” in laying down what the union said was “a blanket prohibition against the broadcasting of any strike news.’ The union also announced it had forwarded all data in the case to the Federal Communications Commission, to Representative William P. Connery of the House Committee on Labor, to Representative Joseph P. Monaghan, the sponsor of a bill to nationalize radio, and to President William Green of the American Federation of Labor. Two orders alleged to have been {ssued to employes of Station WLW last Spring, banning any reference to strikes, including students’ strikes and school walkouts, were quoted by the union. A A ALT.V. A {Cnmxm{ed “01’11 First Page.) President of the recently adopted amendments to the act. “These, in the opinion of Govern- ment counsel, are pertinent to the con- sideration of the question of delega- tion of legislative power. “The Government's time for filing the petition did not expire until Oc- tober 13, has 20 days after the filing of a pe- tition within which to answer, the early action was taken by the Gov-' ernment in order to insure that the question of certiorari would be ready for the court’s consideration when it convenes on October 7. “The provisions challenged in this case directly affect thousands of tax- payers, indirectly affect millions of consumers, and involve hundreds of millions of dollars of internal reve- nue,” the brief said. “The agricultural adjustment act represents the final decision of Con- gress that Federal assistance was and is needed to restore the normal func- tioning of the agricultural life of the Natica and that such restoration was and remains vital to the halting of the disastrous period of depression which has threatened the country’s very structure.” Invalidity “Cured.” Citing cases, the brief continues: “Furthermore, since the decision of the court below Congress has ratified the actions taken by the Executive with respect to these taxes and thus effectively cured any invalidity based upon this ground.” ‘The “errors” which the Government cited follow: First, holding that Congress improp- erly delegated to the Executive, with respect to processing and floor stocks taxes, the power granted to it. Second, holding that the processing and floor stock taxes constitute an improper exercise of power reserved to the States, ig violation of the tenth amendment to the Constitution. Third, reversing the District Court decree. Fourth, failing to hold that the processing and floor stock taxes are excise taxes and not direct taxes. Fifth, failing to hold that the proc- essing and floor stocks taxes are uni- form throughout the United States. “General Welfare” Levy. Sixth, failing to hold that the proc- essing and floor stocks taxes are not violative of the fifth amendment to the Constitution. Seventh, failing to hold that the processing and floor stocks taxes are levied for the “general welfare.” failing to hold that the re- CATIONAL, N \lecounlaney | Pace Courses; B. C. S. and ]I M.C. 5. Degrees. C.P. A Preparation. Day and Even- ing Classes; Coeducational. Send for 29th Year Book. P4 BENJAMIN FRANKLIN UNIVERSITY TRANSPORTATION BLDG. ME.2515 Washington College of Law Fortieth Year Fall Term Begins September 23 Both Day and Evening Classes 2000 G Street ME. 4585 Study Stenotypy at The Temple School 1420 K St. N.W. Nat. 3258 National University Fall Term Begins September 22, 1935 SCHOOL OF LAW School of Economics and Government Registrar's Office Open for Registration 9 a.m. to 7 p.m. 818 13th STREET N.W. Tel. Natl. 6617 ELECTRICAL ENGINEERING A BROAD. BASIC, INTENSIVE OOURSE Complete in One School Year Includes the fundamentals of Refrig- eration, Air-Conditioning and Electronics Preparation under skilled instructors for new opportunities in the electrical field. Approved By educators, endorsed by industry. Bliss Men Make Good 42 years' successful experience. Catalog on request BLISS HCimcn 210 Takoma Ave., Takoms Park, Md. Phone Shepherd 3070 The Temple School SECRETARIAL TRAINING Register Now for Fall Classes Day and Evening School SPECIAL ANNOUNCEMENT Review Class, Gress Shorthand, Wednesday, September 4, 7: DICTATION CLASSES Slow—Medium—Rapid 1420 K St. N.W. National 3258 Send for Catalogue but since the respondent | spondents are not in a position to ob- ject to the expenditure of funds ap- propriated by Congress for the pur- poses of the agricultural adjustment act. Ninth, failing to hold that the A. A. A. tax provisions constitute a valid exercise of the taxing power. Tenth, failing to hold that the taxes are levied pursuant to congressional powers. Eleventh, failing to hold that the Federal claim for cotton processing and floor stocks taxes under the A. A. A. was a valid claim, and failing to order that such claim should be allowed and paid. The T. V. A. attack is aimed at what is denounced as an attempt of the Federal Government to enter into business in competition with private enterprise. Speedy Ruling Expected. Private incentive will be destroyed and business eventually will pass under Federal control, the petition contends, if plants erected for legitimate war purposes, as that at Muscle Shoals, Ala., and works to improve navigation, as the Wilson Dam located there, can be used by the Government for, com- mercial manufacture and sale of com- modities which possibly may be pro- duced on such property. The court plans to expedite the oral arguments in all New Deal cases and speed final decision. It already has been called upon to determine, at the October term, the validity of the ginning tax imposed | by the Bankhead cotton control act, | the tax being intended to raise funds, | along with the processing tax, to com- | pensate cotton planters for producing | restricted crops; and a case from Kansas to challenge the validity of donations and loans under P. W. A. to enable municipalities to erect pow- er plants and acquire or provide their own distribution systems. Guffey Law May Be Attacked. Notice also has been given that the court will be asked to pass on the validity of the processing tax. An appeal in the Hoosic Mills case | may be filed today. Rumors are current that a move | is under way to contest the Guf- fey bituminous coal regulation law in lower courts immediately, for quick presentation to the Supreme Court. Other enactments expected to be chal- lenged include the Wagner labor, so- cial security laws and others. The T. V. A. petition, in printed form for presentation, assails the validity of the T. V. A. activities on ground that these will result in establishment of a region-wide, per- manent utility network—a type ‘of business contended not to be within the Federal function. It protests against Government o v THE EVENING “pressure,” which forced the Ala- bama Power Co. to agree to sell to T. V. A. certain transmission lines, and against T. V. A. plans to finance acquisition or erection of distribution systems by municipalities. The util- ity service proposed to be taken over immediately by T. V. A, it states, involves 50 counties, with a popula- tion of 691,893. Federzl Monopoly Feared. “The T. V. A. program * * * is a proposal to commit the Govern- ment to a permanent public and legislative policy of utility operation,” the petition declares, “covering all phases of the service, under circum- stances that assure the monopoliza- tion or domination of utility service and the control of rates throughout the Tennessee River drainage area by the (Federal) Government. 4 “This result will be accomplished progressively by the forced or com- petitive withdrawal of existing util- ities within the area, involving an active investment dedicated to the public service and taxed and regu- lated by the State amounting to not less than $500,000,000 and will estab- lish a precedent for like extension throughout the Nation. | SAFEST of “The immediate result will be in- | local trenched beyond retreat unless the | tion, STAR, WASHINGTON, decision of the Circulf Court of Appeals is reviewed and reversed in this proceeding. “The Tennessee Valley Authority has reported applications for extension of the plan to more than 200 mu- nicipalities. It has publicly and bit- terly resented this judicial test. “The program invoives grave con- stitutional questions, grave loss of tax revenue to the States and their subdivisions and to the Federal Gov- ernment and & revolutionary transi- tion of utility function from State control and personnel to Federal in- vestment and operation or control.” Should the decision of the Circuit Court of Appeals be sustained, “there would be no discernible limitation upon the power of the Federal Gov- ernment to engage in commercial en- terprises in State domain, under the guise of disposing of war plants, or cultivating, growing, mining and thereupon processing, refining or converting Government property into ultimate products with a view to com- mercial sale in competition with citi- zens in State domain. “The precedent necessarily Wwould sustain the authority of the (Federal) Government, not merely to regulate industry by Federal competi- but to dominate and monopolize D. C, the production, manufacture, distribu- tion and sale of every principal com- modity and every substantial utility service heretofore considered as held open to citizens by the Constitution. “Acquiescence in the contention of the Tennessee Valley Authority * * * as to the power of Congress would vest in Congress, by majority of a quorum, authority to change the form and functions of the Federal Govern. ment and the industrial organization of the American people.” In asking review of the Hoosac case, the Government cited 11 “errors” in the Circuit Court decision and asked an early hearing. FIRE DEPARTMENT BURNS Help Arrives From Another City to Extinguish Blaze. CALIFORNIA, Mo., August 27 (#). —A $5000 fire raged yesterday, but the California Fire Department didn't answer a call. It couldn’t; the fire department had the flre. Equipment was destroyed and the city hall threatened before help ar- rived from Jefferson City. Origin of the blaze was not known. e BODIES AND ROOMIEST IN ITS PRICE FIELD | KEYSTONE CAR CO., INC., 1409 17th St. N.W. 1936 NASH 400 NEWEST NEW CAR IN YEARS! U4 DISTRIBUTOR City Dealers: — I‘dgfdflflé and flavor There’s only one place in the world where you can get certain kinds of aromatic tobaccos that we use in Chesterfield cigarettes—and that’s Turkey and Greece. Without adding these tobaccos to our own mild ripe Southern leaf, Chesterfield would not be Chesterfield . . . mildness that smokers like pleasing Threading Turkish tobacco on strings to hang in the sun to ripen. taste and flavor that smokers like And up . 0. b factory Subiect fo change without notice. Speciol sauipment sxire. Front seat width 52" Rear seat width 49" % Top, sides, floor, everything, in a Nash “400" body are all-steel—welded into a single unit of remendous resistance to accident. Also check the dimensions and seating space o the “400" against any other car in its price class —and you'/l know where you want to ride/ 'WARRINGTON MOTOR CAR COMPANY, INC. 2035 17th st. N.W. WILLIAMS & BAKER, INC., 1509 14th St. N.W. TUESDAY, AUGUST 27, 1935. JUDGE GIVES 0DDS ONMOONEY GUILT Retiring California Supreme Court Justice Admits Shade of Doubt. By the Associated Press. SAN FRANCISCO, August 27.—A retiring California Supreme Court justice quoted 10-to-6 odds today on the guilt of Tom Mooney in the 1916 Preparedness day bombing, for which MAIL SAILINGS Sept. Sept. 11, Weekly silings to Homburg-to London or Havre altemately enroute. See your Travel Agent or Company's office, 743 14th Sweet, N. W. 4o BA S . City of Newport News «+ . City of Havre the. noted prisoner is serving a life sentence. ‘The justice, John W. Preston, re- tires October 1 to take a post as special counsel for the United States in Elk Hills oil litigation and gave that as his reason for expressing an opinion. “My views .now are materially the same as 18 years ago, when I wrote T. W. Gregory, then United States Attorney General, while I was dis- trict attorney here,” said Judge Pres- ton “I wrote Gregory: ‘The odds are 10 to 6 that Mooney is guilty and * * ¢ fully capable of the offense.’” Judge Preston zaid he recommend- ed at the time, however, a new trial for Mooney because of the shade of doubt present. Attorneys for Mooney now are in the East obtaining depositions of witnesses to substantiate their claim ¢ A-7° Mooney was convicted on perjured testimony. The case comes before the California Supreme Court soon on a habeas corpus petition. ‘Woman, 104, Honored. 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