Evening Star Newspaper, March 30, 1937, Page 11

THE EVE News Behind the News G STAR, WASHINGTON, D. C., TUESDAY 'HE opinions of the writers on this page are their own, not necessarily The Star’s. Such opinions are presented in The Star’s effort to give all sides of questions of interest to its readers, although such opinions may be contradictory among We, the People An American Court Rulings Declare New Principles No Weapons Provided for Liberals or Conservatives. BY DAVID LAWRENCE. EW principles of constitutional law of transcendent impor- tance to the farmer, the rail- road employe and laborers generally, as well as to the lowest paid women workers of the Nation came from the Supreme Court of the United States in three eventful decisions within the last 24 hours. Politicians and those of contro- versial mind who have been at- tacking the “nine old men” will find it difficult to at- tack the latest decisions as “re- actionary,” just as conservatives who may be dis- appointed by some of the new tenets of governmental philosophy an- nounced will not be able justly to argue that the Supreme Court has gone “liberal” or radical For it is custom to find the so- called o s of the Supreme r of equal bargaining that women criminated against, as ted by some of the ions in the L &, = ® David Lawrence. 1deed, 1s row i Jeading feminist or land? It was Justice Sutherland, speaking for Justices McReynolds, Butler and Van Devanter, who in- sisted that to deprive women of their right to contract for whatever wages they wish to work for, while at the same time refusing, doubtless because of constitutional barriers, to apply the same rule to men, calls for condemna- tior of the minimum wage law of the State of V ngton as arbitrary. Overruling Decisions Rare. The overruling of a previous deci- sion of the eme Court is so rare that the circumstances under which the 5-to-4 ruling of 14 years ago has be sed by another 5-to-4 | g the of way will be promptly | seized upon by opponents of the pres- | 1 an example of individ- dualistic j ment, evenr though the dicision does go the way the admin- istration wished it to go. But the truth is the same decision that was rendered this week upholding the minimum wage law of the State of ‘Washington might easily have been rendered with respect to the New | York State minimum wage law last | year had not the attorney general of the State of New York ins; with other counsel, onr a str: arguing the case which actually pre- vented the Supreme Court from ruling again on the Adkins case of 1923. The majority f ago specif- fcally said tt the petitioner did not ask for a reversal of the 1923 ruling and instead contended that the New York State law was different from | the law declar invalid in 1923. This gave the S e Court of the United States no leeway, indeed, as it is a rule of the court that it must accept the ruling of a State Supreme Court as to what a State law means, and the highest court in New York State had taken a different view of what the minimum wage law meant than had the attorney general of New York State in his argument. Now, however, with the State of | ‘Washington law there was no such | embarrassment. The Supreme Court | was free to overrule the 1923 decision | and it is significant that Chief Justice in the view of Chief who dissented in the | which held invalid a minimum wage law of the District of Columbia. Hughes Stand Unchanged. Mr. Hughes did not reverse his de- eision of a year ago because then he | claimed that women were entitled to | special protection and that the State | of New York was well within its rights | in passing a minimum wage law for | women. What the Chief Justice did do, however, was to introduce a new | line of argument for the sustaining of a State law. He declared that the question of a subsistence wage was wholly separate from the question of | compelling an emplover to pay a wage | he did not wish to pay or from pre- | venting an employer from hiring anybody he pleased to work for him. | Mr. Hughes pointed out that explaita- tion of women's labor was a consider- ation for the State itself to prevent as & matter of public interest and as a matter of protection to the State treasury. He made this significant | comment “The community is not bound to provide what is in effect a subsidy for unconscionable employers.” | There is nothing in the majority | opinion which would foreclose the | possibility on the same line of reason- ing of passage by States of valid laws governing minimum wages for men. ‘The way has been opened to minimum wage legislation by States and without | 8 constitutional amendment, too, some- thing which this correspondent con- tended a year ago. ‘Within States’ Powers. Senator Borah, it will be recalled, was one of those who insisted that minimum wage legislation could be written that would conform to the constitutional requirements. The clari- fving opinion by the majority of the Supreme Court now makes it evident that wage laws have been and still are within the domain of State power. ‘The various State laws that have been on the statute books and have gone unrepealed can be enforced here- afier without fear of restraint by the Federal courts. Other decisions of the Supreme Court handed down this week are of paramount importance. Thus the mortgage moratorium law known as the Frasier-Lemke act shows that when Congress puts its mind to study- ing previous decisions of the Supreme Court constitutional legislation can be written. Likewise the unanimous opinion of the Supreme Court in the railroad case will be studied with much interest in framing future laws relating to labor disputes. ‘This does not mean compulsory arbi- tration or enforced settlement. Inci- dentally the Supreme Court was help- ful in showing that the majority rule in collective bargaining does not pre- | clude those in the minority from en- tering into individual contracts for employment even though the minority cannot represent any persons besides themselves in collective bargaining. On the whole the court’s decisions are timely and constructively advisory and they reveal the mental vigor of the justices every one of whom wrote opinions for delivery this week. (Copyright, 1937.) |Roosevelt Not Alarmed by Sit-Down Strike Craze. Labor Troubles Seen Aid in Court Fight. BY PAUL MALLON. T IS only a stage secret now that President Roosevelt is less alermed about the sit-down strike craze than most of his associates. Apparently, he looks at it like the budget. He would like to hold it within limits, but thinks it can be done without any drastic action. He sees the dangers that others are expressing, but minimizes them more than he or any of his new ordainers have cared to say publicly, except possibly Miss Perkins. Her expressions seem to come closer to his personal view than statements by all the other new ordainers. The answer to this is, of course, almost obvious. Strikes are fuel on his court fire. They emphasize and dramatize his contention that the Government needs power, by court packing or otherwise, to enforce its will on labor and capital. Many things which could not happen here are now happening every day. Not the least of these is the spreading movement to erect tariff barriers between the Stated If there was one fundamental ques- tion upon which all the framers of the Constitution were agreed, it was that the Union could not exist with one State taxing discrimi- nately the products of another. Yet, unnoted and almost unob- served, that idea is now developing on a wide scale. Southern Congressmen are worried about the campaigns in many Western States to put a tax on Southern products. They have noted the Illinois proposals for a natural gas tax and the Iowa movement to tax Southern shortening made from vegetable oils. Ohio’s retaliatory tax on Michigan beer has been upheld in the Ohio Supreme Court. Some Southern Gouvernors are said to be considering the idea of calling a general Governors’ conference on State tariffs—a matter which all States thought to be settled forever when the Constitution was adopted. Seeds of discontent grow strange ideas. EE About those ‘“volunteers” of Mister Mussolini in Spain: Military and diplomatic authorities here have information indicating these “volunteers” are mostly Blackshirt militia. They are not experienced troops, but “labor batialions” which had been working on roads, sanitary works, etc,, in Ethiopia. Hitler sent in better men than Mussolini, although he had less to choose from. For years Der Furor has been training his men secretly, and this is not conducive to efficiency. His “ovlunteers’ were really rather raw recruits, but they at least knew some discipline and how to shoot. The German troops clearly fell down from what was expected of them by the German general staff. The Italians just followed the old rule that he who fights and runs away may live, but not necessarily to fight again. What makes the war erperts laugh is that both Mussolini and Hitler underestimated the ability of the Loyalists. The next time Mussolini roars about his “eight million Fascist rifles,” Jjust remember he is counting a lot which look good on parade, but not so good in a fight. * K ok ‘The result of this situation is that Germany seems to be shining up more toward John Bull and less toward Mussolini, leaving Mussolini to bel- low alone. It must be quite as apparent to the German general steff as to every one else after the Spanish experience that Germany is not anywhere near ready to fight any one, least of all France, Soviet Russia and possibly Great Britain, too Thus British diplomacy has muddled through again. Anthony Eden has succeeded doing nothing, except playing the two inseparables, Ger= many and Italy, against each other. Peace prosvects are on the up- surge again in Europe, only because the gods of war are not yet ready. The rosy red hue of Senator Nye's ears indicates he must have heard what State Departmentalists are calling him for proposing that resolution asking them whether present conditions in Spain justify an embargo. The mildest thing they call the idea privately is “an attempt to rock the boat,” and their friendliest perscnal thought of Mr. Nye is as a “publicity hound.” The fact is Nye is raising the question they have been trying hardest to avoid for siz months. One very bad thing it would certainly do is to throw the United States into the middle of the present Anglo-Italian-German-Russian-French muddle. S35 HES ROCKING THE BoaT / N, s, i | %»'1, * K Xk A stenographic transcript of those conferences between John Lewis and Walter Chrysler would make more interesting reading than anything else being published these days. The reputation of Lewis as a tough customer is widely recognized, but Chrysler is far from being the Palm Beach socialite indicated in the roto- gravure sections. (Copyright, 1937.) | cratic 1 by themselves and directly opposed to The Star’s. Way to Beat Court Plan G. O. P. Urged to Back Senators in Primaries for Fighting Roosevelt Bill. BY MARK SULLIVAN. HERE is a way by which President Roosevelt's court proposal could be beaten, infallibly. Back of the Senate committee hearings on the court proposal, back of the radio speeches, back of every- thing, goes on the slow? process that will give the | final answer. It is a process of individual Sena- tors making up their minds how they will vote. Some have = made up their minds by per- sonal conviction. © Many take poli- tics into account. | In deciding, they ; will include the factor of their personal chances for re-election. They listen and watch to find the feeling of the voters in their respec- tive States. Not the whole of the voters. Democratic Senators want to know about Democratic voters is Democratic Senators who will decide the issue, because there are so ‘many of them. Upon all Senators, the political factor weighs. (Excepting, of course, those who act on conviction only.) The political factor weighs in varying Mark Sullivan, degree. Upon Senators who come up | in | for renomination and re-election 1938, it weighs heaviest, for their fate is little more than a year away. Upon those coming up in 1940, the political factor weighs less; by 1940, the court proposal may be out of the voters' minds. Upon those coming up in 1942, the political factor weighs still less, indeed hardly at all; be- tween now and the time they face the voters there will intervene five vears and a Presidential election. Van Nuys Example, Consider now a Democratic Sena- tor coming up for re-election next year. For an example, take one who has already made up his mind and is against the Court proposal. Sena- tor Frederick Van Nuys of Indiana. (There are others in the same situa- tion, notably Senator Bennett Clark of Missourt.) Senator Van Nuys, facing next year, has two hurdles. One is the Demo- cratic primary, which will determine whether he is renominated. The other, assuming he is renominated, is the general election. N Consider Senator Van Nuys as he goes into the Democratic primary for renomination. He knows the Demo- tional organization, headed President Roosevelt and National nairman Farley, will oppose him. Mr. Farley has given notice. As part of the administration’s broad fight for the court proposal, Mr. Farley early made a speech in which, in effect, he told the world, and Democratic Sena- tors especially, that the court pro- posal is a Democratic party measure and that Democratic Senators must vote for it, “‘or el “Announcing Count Musseldoubley who will leave at once unless with Wilkins gofii/:' served And it | Senator Van Nuys knows that Mr. Farley and President Roosevelt can almost certainly cause the Democratic organization in Indiana to oppose him. They can line up the Demo- cratic office holders in Indiana. They can line up the beneficiaries of re- lief and the other beneficiaries of Federal money. They can line up not only the Federal office holders, but presumably the State and local ones. Can't Defeat Party Machine. On Senator Van Nuys’ side he will have only those Democrats who be- lieve with him on the court issue and those who admire fidelity to personal conviction, and those who esteem him as a public-spirited Senator. But the persons who vote on this basis are not ordinarily a majority. In short, ordinarily, and without knowing the particular conditions in Indiana, one would say that Senator Van Nuys would be defeated for re- nomination, as a penalty for his stand against the President on the court issue. And, of course, if he is de- feated in the Democratic primary, | that ends it. He will no longer be | in the Senate. Meantime there will be in Indiana hundreds of thousands of voters who will regret this, who will wish that Mr. Van Nuys be returned to the Senate. But these particular voters will not be able, under ordinary con- ditions, to do anything about it. They | will not be able to help Senator Van Nuys. They will be unable to help him because they are Republicans. G. 0. P. Can Ignore Own Primary. Now why can't the Republicans in Indiana do just this thing? Why can't | they next year ignore their own pri- | mary and go into the Democratic one, | for the sake of insuring a return to the Senate of a man who has opposed | the President’s court proposal. I do | not know the details of the Indiana |law about members of one party going into the primary of another. In a few States the primary laws are written in such a way as to prevent this. But, assuming that Indiana is like most States, that Republicans can go into the Democratic primary— assuming that, the obligation would seem to be heavy on Republicans to thus insure the return of Mr. Van Nuys to the Senate. To be sure, by this course the Re- publicans would forfeit the chance of electing a Senator of their own. But have the Republicans much chance to do this anyhow, in Indiana next year? I have dwelled upon Senator Van sideration applies to es Demo- cratic Senator opposing proposal If the Republicans are going to do anything this, they should take steps at once. Their actually | doing it next year is not enough. It | is fmportant that it should be known, now, that they are going to do it. For right now many Democratic Senators are making up their minds how to vote (Copyright, 1937.) the A few reasons why we urge you to see and drive the Lincoln-Zephyr V-12 for 1937: Smooth-flowing 12-cylinder power « .. with 14 to 18 miles per gallon! L] Steel body structure of exclusive design that gives lower center of gravity, greater road clearance, increased roominess. . Greater beauty for 1937. . . dis- tinctive new instrument panels, rich new upholstery treatment. . Finer operation for 1937...easier steering...still greater quictness and smoothness. . New body-types, now 4 inall... with large built-in luggage space, opening from outside. . 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Murphy of Michigan to kill some strikers for them (they don’t put it that way, but that is what they mean) and there is scarcely a dry eye in the Union League Club at the memory of Grover Cleveland, first American President to use the United States Army as strike breakers, one of the neatest jobs of political blocking in recent history has been performed by Miss Frances Perkins, Mr. Roosevelt's Secretary of Labor and the first woman to sit in any American cabinet. The columnists and commentators—myself included—have not been any too kind to Madam Secretary Perkins. The job seemed to call for & man. But no man could have done any better in acting as a buffer between President Roose- velt and the sit-down situation in which his foes desired to en- tangle him. The worst threat came with the first automobile crisis—the General Motors strike. John L. Lewis tossed the issue squarely into the White House and Alfred P. Sloan, jr, of G. M. manage- ment, took the position that the President was prejudiced and so refused to attend a conference with Miss Perkins and Mr. Lewis. She w the danger and fluttered in front of the contestants, like a partridge seeking to divert a hunter from her fledglings. At the White House there were sardonic references to “Fanny’s balloon ascension” when she quoted Scrip- ture at Mr. Sloan—but it worked. There were a few spiteful passages in the press about her “tearful- ness” and “feminine hysteria,” but the little lady with the three-cornered hat took them calmly while the ball—or the buck—passed to Gov. Frank Murphy of Michigan. This was partly because it would have been dis- astrous for Mr. Roosevelt to appear to pay his political debt to Mr. Lewis at the point of a pistol. How well Miss Perkins had done her job was revealed by the second automobile strike—the present Chrysler sit-down, which is now under discussion between Gov. Murphy, Mr. Chrysler and the C. I. O. Tt the whole business is being handled in Lansing and Federal intervention has been confined to the good offices of Assistant Secreta of Labor McGrady and the experts of the United States Conciliation Service This, I submit, is shrewd if thankless politics. Gov. Murphy gets the credit and the President is not committed to any particular policy in the industrial crisis Better still, from the New Deal point of view, is the fact that Federal “impotence” to deal with this issue supplies a powerful argument for the President’s judicial reforms. What sort of a national Government is it when the President and the Congress are condemned by the courts to a policy of finger-shaking, tut-tutting or do-nothingism in the face of a Nation-wide economic insur- rection by capital and labor? * x ok % As a matter of fact, it is worth noting at this time that Miss Perkins has done a rather remarkable job in rehabilitating her department. In March, 1933, the Department of Labor was a dumping ground for petty political appointees and a happy hunting ground for A. F. of L. leade: It was shot through and through with the cheapest sort of polit e Bureau of Labor Statistics had been prostituted by the Hoover admini h (T tration in order to minimize unemployment figures, the Children’s Bureau was aimless and discouraged, and the Immigration Service seemed to be a set-up for one of the meanest S little rackets in the country—a N red-baiting, deportation gag which was an invitation to blackmail. Y ACA The department was, incidentally, Tt housed in an inadequate rented f l office building, | Miss Perkins has restored its / | efficiency and morale. The depart- ment is now housed in a glitter- [ ing marble palace on Constitution 3 avenue. Mr. Isador Lubin ha made the Bureau of Labor Statistics one of the foremost scientific agencies in the Government. The Employment Service, from being a farce, has become a considerable factor in placing men in jobs. Under Miss Ka! erine Lenroot, the Children’'s Bureau has emerged with a social secu program of statesmanlike dimensions. Edward F. McGrady has made the Conciliation Service an efficient and self-effacing corps of industrial diplomats and the Immigration Service has begun to administer a pur- posely harsh law with humanity and common sense This is @ great achievement, not only in terms of itself but of the public interest. That is why a good many New Dealers feel that when, as and if the President decides to lcaven the Supreme Court with some non-legal authorities, he would be overlooking a good bet if he did not consider the claims of Miss Frances Perkins for momination as associate justice of the Supreme Court. Since that tribunal now rules on our economic and social problems it might not be such a bad thing to have one member, in addition to Mr. Justice Brandeis, who possesses a broad experience and scientific knowledge of the whole fleld of labor economics and sociology. (Copyright, 1837.) on Washingt hth, 1957 February 1 rd Motor Companys, i;emndria, Virginia. Gentlemens 5 There are few people, harder or more reguler us business, outdoor advertisinfiocaflons for ectse Lincoln-ZephyTs er ofi:zed ne that the o8 to keep up With 16 miles to the 1 be o than myself. 1 cove signs, ction, ;n . n the speedome :onth- 0ld, have conv: While I mus that 1 am avers Lincoln: ualities of my ki ;ii:n%t% remarkable economye .'mnf‘;:t md‘ a degree of roon-.imrsl:s, ::n neartily recommend to anyo t drive fast gifls over gl i BILLHIMER & PALMER Y Spencer St., Hyattsville, HILL & TIBBITTS 1114 Vermont Ave. N.W. PARKWAY MOTOR CO., Inc. 3040 M St. N.W. WARFIELD MOTOR 1727 Conn. Ave. N. 3 ARLINGTON MOTOR CO. Rosslyn, Va. CHERNER MOTOR CO. 1781 Florida Ave. N.W. NORTHWEST MOTOR CO. 6720 Wis. Ave., Chevy Chase, Md. TRIANGLE MOTOR CO. N. Y. Ave, and Capitol St. Md. The first now just * "has everything." my work, I £ind gallone -Zephyr please The ocar gives which I, 8 8ix= Yery tm]y,yourh You Should Know McGrady Kept “on Jump” as Mediator in Strikes. BY DELIA PYNCHON. HE role of national peacemaker falls to the lot of Edward McGrady, Assistant Secretary of Labor. Uneasy is the head that wears this crown today, with the new technique of “sit-down" strikes turning “honest differences of opinion” itno armed conflicts. With an ap- preciative glance at a pot of sham- rocks on his desk, this ruddy Irish- man, with a ready smile, clip- ped mustache and keen dark ves, savs that he kes to work.” The biblical beatitude, “Blessed is the peacemaker for he shall see God.” leaves the peaces maker slightly “battered” right now, McGrady says. It has been no silver spoon exist- ence for Edward McGrady. Born 60 years ago in Jersey City, he was taken to Boston w nfant. He sold pape ¢ to night school, took courses in ace iness management, on the Boston . and became foreman of the ianical department. He negoti= ated wage scales for the Pressman’s and Publisher's Union, representing the employer. He was named presie dent of the Massachusetts State Fed- eration of Labor and later came to Washington as “lobbyist” for the American Federation of Labor, In the Department of Labor there |are 37 conciliators besides McGrady, | who is “co No. 1" for strikes pe. With national up on sporadic oute Edward McGrady. Just say, ‘Please, won't talk it over?’ " | y e wants to know why, | I nt the upgrade, hen we must per cent in 21 Mc wers by saying that the “Federal Government has no power to enforce labor agreements until the Supreme Court passes on the Wagner labor, but we cannot bluff lack of power to interfere te commerce,” he says. branches of the economic ve forward together,” . he feels that have a national labor board, f fied leaders of or- and Govern- ve the power up their findings and de- Labor and industry will thus, ‘accept a joint respon= industrial peace and the will co-operate to en- to back force it.” .1roominess D.C. o an avtomobile onnecti r thousands © on with sing con= 6,000 miles about two me just unmatched footer, EPHYR V12 for 1937 CAPITOL MOTORS, Ine. 215 Pennsyivania Ave. 8.E. LOGAN MOTOR co. 1111 18th St. N.W. ART MOTOR CO. New York Ave. N.W. ‘ STE 6th