Evening Star Newspaper, September 15, 1935, Page 12

—12 DG COURTTOGET GUFFEY OALACT Injunction Suit Will Be Heard Before Justice 0’Dono- ghue Tomorrow. The first legal skirmish on the con- stitUtonality of the Guffey coal act, whita was challenged 24 hours after the measure was approved by Presi- dent Roosevelt, will occur tomorrow morning in District Supreme Court. Justice Daniel W. O'Donoghue who, on occasion, has occupied the na- tional spotlight for decisions favorable | to the New Deal, will be on the bench. The problem before him will be whether to grant a temporary in- junction to prevent enforcement of the law against the Carter Coal Co. of this city. At the counsel table are expected to be Assistant Attorney General John Dickinson, erstwhile University of Pennsylvania professor and Assis- tant Secretary of Commerce, now in | charge of the anti-trust division of | the Department of Justice, and Fred- “ erick H. Wood. dapper New York at- torney, who successfully argued the Schechter N. R. A. case before the United States Supreme Court and now represents James Walter Carter, president of the Carter Co. Brief Hearing Expected. Tndications yesterday pointed to a | rather brief hearing, with neither side going very deeply into the merits of the case, which probably will be dis- cussed when the plea for a permanent injunction comes before the court at a later date. It is understood the Government will avoid almost completely constitu- tional issues, confining its argument to an attempt to show the action is premature and there is no present need for relief. Lending weight to this argument is the fact that the taxing provisions of the law cannot become effective be- fore November 1 at the earliest, and consequently the plaintiff is in no im- mediate danger of loss through such assessments. | Will Claim Injury. It was pointed out by New Deal officials that the plaintiff cannot tell at this time whether the provisions of the code for the bituminous coal in- dustry, authorized in the law, will be injurious to it, since the code has not | vet been formulated. The petition | states the interests of the plaintiff | are in danger because of operation of | the projected code | The act, officially designated the bituminous coal conservation act of 935, provides a code of fair competi- tion, with hour, wage and price fixing regulations, and establishes a commis- sion to administer the code and set quotas for soft coal production. This commission has not yet been ap- pointed | A flat 15 per cent tax is levied on | gross sales, but a drawback of 90 per cent of this levy is provided for producers subscribing to the code and confining their output to the quotas set for them. [ Confiscation to be Charged. Attacking the law, the injunction | suit characterizes it as an attempt by the Federal Government to regulate intrastate commerce by means of a | penalty tax and to make it obligatory on coal companies to join the code. Attorney Wood has said he will eon- tend the law cannot be upheld as an exercise of the Government's taxing | power, since a 15 per cent gross tax is confiscatory and in violation of the fifth amendment to the Constitution in that it would deprive the Carter Coal Co. of its property without due process of law. It is argued for the plaintiff that its business is entirely intrastate and consequently the Guffey law cannot be supported against it under the interstate commerce clause of the Constitution. In addition to an injunction against Government officials, the suit asks the court to restrain the company, it- self, from suscribing to the code. Suing as a stockholder, Carter states that the directors of the company have voted to enlist under the code, because of fear of consequences, then though they believe the law unconstitutional, | D. C. YOUNG DEMOCRATS PLAN ACTIVE:PROGRAM Reception Next Sunday Will In- augurate Fall and Winter Schedule of Group. With the 1936 presidential cam- paign approaching, Young Democrats of the District are preparing a Fall | and Winter program to enlist support | for President Roosevelt, The first reception wil) be held at 4 pm. next Sunday in the Willard Hotel, and an “inaugural ball” has been arranged for September 27. Tickets at 99 cents per person are be- ing distributed by the Social Com- mittee, In & recent statement to the 3,000 members of the District of Columbia division, Paul A. Best, president, urged support for & “concentrated, construe- tive drive against the critical state- ments being made about the New Deal administration by the Republican party.” A business meeting of the organiza- tion will be held at 8:30 p.m. Thursday | in the Willard Room of the Willard Hotel. NEW SALVATION ARMY HEADS WELCOMED HERE Band Concert Is Feature of Pro- gram of Greeting to Maj. and Mrs. Purdum. Maj. and Mrs, Harry L. Purdum, -aew divisional officers of the Salvation Army in Washington, were officially welcomed Friday by a band concert and program of speeches at the Salva- tion Army Temple. Maj. James Asher, divisional com- mander, who presided, remarked that | this was the second welcome given Maj. and Mrs. Purdum and their son, the first having been held last Monday in the form of a luncheon at the Evangeline Hotel. Brief addresses were made by Adjt. Wilbur Young, Capt. Mildred® Ayers, Adjt. Henry | Wilkins, Adjt. Hugo Bloomberg and Mrs. Asher, wife of the commander. Maj. Purdum, who will be divisional secretary, succeeds Maj. W. Herbert | Bartlett, recently transferred to New Orleans, . Boy Burned as Sacrifice. To propitiate their god after suc- cessive failures of crops, five men flung Bhima, a youth, into a fire as & human sacrifice at Nagpur, India. Two of the men, Adku and Tima, have been sen- tenced to death, the three others to life imprisonment. THE SUNDAY STAR, WASHINGTON, D. C., SEPTEMBER - 15, 1935—PART ONE. Demonstrating: that the Best Cd The W. & J. Sloane Slogan—Always high grade, A master group of our own production—(illustrated above). 18th Century English—mahogany, with beautifully figured aspen-wood panels, both in natural finish, giving a very effective decoration. Each piece, while of sturdy construc- 3450 tion, is femininely delicate in line e FEarly Colonial group, in solid Honduras mahogany—fine old original pieces have furnished the inspiration for this design. 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