Evening Star Newspaper, March 30, 1937, Page 4

A—4 x K THE EVENING STAR, WASHINGTON, D. C, TUESDAY, MARCH 30, 1937. | ABOR BARGAINING ON ROADS UPHELD Supreme Court Sustains Rail Employes and Farm Moratorium. Constitutionality of provisions of the railway labor act requiring railroads to bargain collectively with their em- ployes were upheld in an unanimous opinion by the Supreme Court yester- day. In other court: (1) Unanimously affirmed constitu- tionality of the amended Frazier- Lemke act authorizing a three-year moratorium on farm mortgage fore- closures. (2) Upheld the legality of a Vir- ginla statute creating a State milk commission which set up the so-called Arlington-Alexandria milk market and fixed minimum prices for milk. (3) Upheld the Government in its effort to punish George W. Norris, Broken Bow, Nebr., grocer, for alleged | perjury growing out of his primary| campaign against the veteran Senator George W. Norris of Nebraska. Stone Delivers Opinion. ‘The railway labor decision, awaited important rulings the | Controversy May Prompt New Minimum Wage Law for D. C. Authorities Disagre Does the District of Columbia have a minimum wage law for women and minors today, or is further action by Congress necessary? While lawyers in and out of Con- gress debated this question as a result of the majority opinion of the Su- preme Court yesterday in overruling the 1923 decision that held the Dis- trict law unconstitutional, Chairman King of the Senate District Commit- tee took the view that, in any event, a new and more specific statute should be enacted for Washington. Chairman Norton of the House Dis- trict Committee also stood ready to introduce a new bill if it is found necessary. Corporation Counsel Elwood Seal announced last night he would advise the Commissioners they could proceed to appoint a new Minimum Wage Board. He pointed out that the orig- inal act of 1918 never has been re- pealed, and that yesterday's decision has the effect of reinstating the law. Senator King, nevertheless, sug-| e as to Whether Su- preme Court Reversal Puts Into Operation Act Voided in 1923. have no case on which to claim finan- cial reimbursement. In expressing his view last night that no new legislation will be needed, because the old law was never re- pealed, Seal stated: “My recommendation will be for the Commissioners to go right ahead and appoint a new board. The old law is still on the statute books and today's decision makes it airtight.” Different Opinions Widespread. Other lawyers, however, expressed conflicting opinions on the question of whether operation of the old law can be resumed without congressional ac- tion. On the floor of the Senate members differed openly. ‘The Senate was in the midst of de- bate over the Supreme Court a few hours after it rendered its far-reaching decision and members were quick to turn the discussion to the District situation. While Senator Black, Democrat, of Alabama, had the floor some one asked about the District law and the Ala- baman replied, “there is some doubt by many as & possible indication of | 8ested that a new measure should be |, 'vy tnat, for the reason that a num- the court’s attitude toward the Wagner relations act, was delivered by Asso- ciate Justice Stone in a case brought by the Virginian Railway Co. against & group of its employes belonging to the American Federation of Labor The Wagner act, however, providing for collective bargaining, does not ap- ply to railroads. Attacking the law, the railroad com- pany asserted that one section, direct~ ing the carrier to negotiate with the representatives of employes certified by the National Mediation Board, im- poses no legally enforceable obligation and that it is unconstitutional because it deprives railroads of their property and liberty of contract. Disagreeing with this contention, the court's opinion said: “The peaceable settlement of labor controversies, especially where they may seriously impair the ability of an interstate rail carrier to perform its | service to the public, s a matter of public concern. Local Union Formed. “In considering the propriety of the relief granted here, we cannot ignore the judgment of Congress, deliber- ately expressed in legislation, that where the obstruction of the company | ‘union is removed, the meeting of em- ployers and employes at the confer- ence table is a powerful aid to indus- trial peace.” Some of the employes of the road had formed a “local union” after the failure of a strike by federation affiil- ' dates in 1922. Continuing, Justice Stone said: “With the coercive influence of the company union ended, and in view of the interest of both parties in avoid- ing a strike, we cannot assume that negotiation, as required by the decree (of the lower court) will not result in agreement or lead to successful medi- ation or arbitration, or that the at- tempt to secure one or another through the relief which the district court gave is not worth the effort.” He added that statute does not un- dertake to compel agreement between the employer and the employes. As to whether the act could apply to employes not directly connected with the operation of trains, he said: “Petitioner insists that the act, as applied to its ‘back shop’ employes, is not within the commerce power, since their duties have no direct relation- ship to interstete transportation. Back Shop Duties Cited. “The back shop employes are en- gaged in making classified repairs, ‘which consist of heavy repairs on loco- motives and cars withdrawn from service for that purpose for long periods. * * * When not engaged in repair work the back shop em- ployes perfom store order work and | . the manufacture of materials. * * “The activities in which these em- ployes are engaged have such a rela- tion to the other confessedly inter- state activities of the petitioner that | they are to be regarded as part of | hemiSej ity “The relation of the back shop to transportation is such that a strike of petitioner's employes there, quite apart from the likelihood of its | spreading to the operating depart- ment, would subject petitioner to the danger, substantial, though possibly indefinable in its extent, of interrup- tion of the transportation service. The cause is not remote from the ef- fect. The relation between them is not tenuous. The effect on commerce cannot be regarded as negligible. P Unanimous on Lemke Act. ‘The ruling in the Frazier-Lemke case, also unanimous, reversed the | lower courts and held the act valid because it contained “no unreason- able modification of the mortgagee's rights.” Justice Brandeis, who deliv- ered the opinion, also announced the ruling of the tribunal two years ago on the original act, which granted an absolute five-year moratorium, and was held unconstitutional on the ground it took property without due process of law. The present case grew out of an effort by Robert Page Wright, a bankrupt, to defer sale of his property under an overdue mortgage held by the Vinton branch of the Mountain Trust Bank of Roanoke, Va. While fixing a three-year mora- torium, the amended act provided that the stay might be abridged by the courts upon a finding that the “emer- gency” the legislation was drafted to meet no longer existed. Justice Brandeis said the court had “no occasion to decide whether an absolute stay of three years would have been justified under the bank- Tuptcy power. EWe are of the opinion,” he added, “that, while the act affords the debtor, ordinarily, a three-year period of re- habilitation, the stay provided for is not an absolute one; and that the court may terminate the stay and order a sale earlier.” The decision in the milk price case had been awaited with interest here, gince the suit was filed by the High- land Farms Dairy, Inc, 1615 First street southwest, and Luther W. High, who operates several retail milk and ice cream establishments in the Dis- trict and nearby Virgina. ] The court’s opinion was unanimous except that Justices Van Devanter, -4 7 44 & Paint kitchen and bath room walls with Moore’s Sani-Flat for best vesults. 922 N. Y. Ave. National 8610 I d drafted and passed, containing ““more | stable and certain provisions.” Just before the Senate adjourned yesterday evening several members indulged in debate that emphasized the divergence of opinion over whether yesterday's decision brought the Dis- trict law back to life after 14 years of invalidity. What the Supreme Court did yester- day was to uphold the validity of the ‘Washington State minimum wage law, | a statute virtually identical with the District’s old law, and in the course of the opinion the majority of the court announced the conclusion that the case in“which the District law was invalidated 14 years ago (Adkin vs. Children’s Hospital) “should be, and it is, overruled.” The local minimum wage law was | der it the District Commissioners ap- pointed a Minimum Wage Board.‘ which functioned for nearly five years, until the act was held uncon- stitutional. The validity of the meas- ure was tested through the courts in two cases, one brought by Children’s Hospital and the other by an employe of a hotel. down wage rates for several indus- tries, which, it was estimated at that time, benefited 12,500 women. They were: For women in the printing and publishing industry, $15.50 per week; | mercantile establishments, hotels and restaurants, $16.50, and laundries and dry cleaning establishments, $15. Three-Member Board. Under terms of the law the board | consisted of three members, chosen by the Commissioners as follows: One | tive of employes and the third repre- i senting the public. ‘The board served without compen- | While it functioned the board laid !to represent employes, one representa- | ber of years ago the court held un- constitutional the minimum wage law for the District and since that time it has been illegal to enforce it. To- day, in an entirely different case, arising from a different jurisdiction, the court held that it was wrong in the other case. Query: What is the law in the District of Columbia? Do we have a minimum wage law in the District or do we not? Will we have to re-enact another law?” Senator Minton, Democrat, of In- diana, chimed in with, “Oh, yes, we have a minimum wage law in the Distirct of Columbia, because the Su- preme Court time and again has said that it does not veto and strike down an act of Congress; that as between | the rights of the parties involved in | the litigation, the Constitution rules enacted September 19, 1918, and un- | rather than the act of Congress. So the law lives.” Y Black countered, “but the court has already spoken, and when the court speaks that is final on a case. It has already said, like the oracle at local | Delphi, that that law in this District is | unconstitutional; and I insist that we will probably have to re-enact that | law.” “Oh, no,” said Minton. Discussing the subject later, off the | floor, Chairman King of the District Committee said it has been his view that the District's original law was too uncertain in its definition of standards on which to base the mini- mum wage rates. The act of 1918 was sponsored in the House by former Representative Edward Keating of Colorado. It was steered through the Senate by the late Senator Park Trammell of Florida. The law applied to women 18 or over and to minors. both boys and girls. The term “occupation” applied to a business, industry, trade or branch thereof, except domestic service. The board was given full powers to | sation, but there were operating ex- | ited by the act to $5,000 a year. Although Corporation Counsel Seal they may bring the board back into existence, funds to cover the expenses of administration would have to be obtained from Congress. With the District appropriation bill about to start on its legislative journey, if an whether the law has been brought cessity for re-enactment. | Lawyers said that even if the old law has been revived, employes would | penses of carrying out the law, lim- | is preparing to advise the city heads | wages paid women and minors in the various industries; to examine books and pay rolls, and to require state- ments from employers as to wages | paid those affected by the law. | The board was empowered to ascer- | tain and declare, “(a) Standards of | minimum wages for women in any | occupation within the District of Co- lumbia, and what wages are inade- amendment should be proposed to pro- | quate to supply the necessary cost of vide funds for the wage law, this de- | Jjving to any such woman workers to velopment probably would bring to a | head in Congress the legal issue of | protect their morals; and (b), stand- maintain them in good health and to ards of minimum wages for minors in automatically to life without the ne- | any occupation within the District of | Columbia, and what wages are un- | reasonably low for any such minor workers.” Sutherland, McReynolds and Butler did not assent to that portion giving the State power to fix minimum and maximum milk prices. Establishing the milk market, the Virginia Commission then prescribed minimum prices higher than those being charged by High and the local dairy concern, which sold its entire output to High. The opinion of the court, delivered by Justice Cardozo, said in part: “The power of a State to fix a mini- mum price for milk in order to save producers, and with them the consum- ing public, from price cutting so dis- astrous as to endanger the supply, was affirmed by this court in Nebbia vs. New York.” High had not applied to the com- mission for a license, contending the statute failed to prescribe the stand- ards to be followed by that body in granting or refusing licenses. On that point, the court said: “No inference is permissable that any one was intended to be excluded because of favor or caprice. One who is required to take out a license will not be heard to complain in advance of application that there is danger of refusal. He should apply and see to correct his testimony and said he had received $50 for a filing fee and $500 to meet a Government bond. Indicted for perjury, it was testified during his trial that he had been promised the support of the Repub- lican party in Nebrska if he would oppose Senator Norris, who was a candidate for re-election. Held Ready to Serve. According to an Associated Press dispatch the grocer when informed of the decision, said: “That's the end of it,” and expressed readiness to pay a $100 fine and serve a three- month sentence. In other actions the court unani- mously upheld provision of the 1934 national firearms act requiring deal- ers to register with the collector of internal revenue and pay a special tax of $200 a year, and affirmed a State of Washington law imposing a 2 per cent tax on articles brought into the State for use in construction of Grand Coulee Dam. Justices Butler and McReynolds dissented in the lat- ter case. A group of Georgia tobacco ware- house men won a review by the high court of their challenge of the con- stitutionality of a 1935 State law fixing the maximum fees to be charged for what happens.” Late Filing Recalled. In the Norris case the conviction of the grocer had been reversed by the Eighth Circuit Court of Appeals. The grocer had filed in Nebraska for a place on the Republican primary ballot, but, because the time had expired, the Nebraska secretary of State was ordered to omit his name from the list of certified candidates. Later a Senate subcommittee investi- gating campaign expenditures called the grocer as a witness. He said he had originally intended to run for State railway commissioner but had changed his mind. He added he had no assurance of campaign sup- port and had receivedyno campaign contributions. The next day he asked permission 5% HOME District of Columbia, Near Al Other plans on monthly oayments. MORTGAGE LOAN including ¥ H. A, handling tobacco. o Diamond Price High. Diamonds are selling in London &t the highest prices since 1929. Dotidige (] Famous for Delicious Food Luncheons from 60c Dinners from $1.00 “NO TIPPING” is our Rule! ESTAURAN LoAaNs 5% by Maryland and Virginia 3 to 15 Years 20-Year Loans On owner-occupied homes, not over 5 years old, payable $6.88 per month per $1,000, including interest and principal. quarterly or s nnual . insured mortsaxes. RANDALL H. HAGNER & COMPANY INCOBRORATED CommmsronNDENT 1321 Connecticut Avenue N.W. Telephone DEcetur 3600 SPIRITUAL REVIVAL URGED BY BISHOP Right Rev. Kern Pays First Visit to Virginia Since Taking Office. By the Assoctated Press. RICHMOND, March 30.—Southern Methodists of the Richmond district studied their activities today in the light of a warning by Bishop Paul B. Kern that the church had been more | concerned with ‘“budgets” and the “comfort and beauty of our impos- ing edifices” than with spiritual and social problems. Bishop Kern, making his first visit to the Virginia Conference since his temporary assignment to succeed the late Bishop Edwin D. Mouzon, and Bishop Arthur James Moore joined here last night in a plea for a return to “the old-time Methodist zeal.” “The world waits upon the church in one of the critical hours of her destiny,” Bishop Kern told ministerial and lay representatives of the dis- trict’s 75 churches. “I think we have lost something of our world vi- mlon‘ieie e Bishop Moore sa'ld Methodism would again take its place “in the marching battalions of God” with the success of the bishops’ crusade for spiritual revival and reinvigoration of the mis- sionary movement. Dr. J. F. Rawles of Nashville, Tenn., treasurer of the crusade, a two-year movement, disclosed that $90,000 had | been raised during the past two months in a drive to wipe out the Mission Board’s $385,000 debt. The initial phase of the crusade will close April 23-25 with bishops’ crusade dinners in churches throughout the South and sacrificial offerings in each church of the denomination. - Court (OOntmuedirmm Pirst Page.) the discussion aroused by that meas- | ure was having “some effect” on the | court, Senator Clark, Democrat, of Mis- souri, an opponent of the court leg- islation, said he did not think the re- versal would have any effect in the | | battle over the legislation. “The Su- | | preme Court has many times reversed | itself,” he said. “It is the proper function of a court.” | Senator Robinson added the de- | cisions in the New York and District | cases had convinced him more than anything else that the “injection of new blood” was necessary for the court. “I'm glad the court has faced about and recognized the necessity for | overruling its former decision,” he | added. Other comments included: Attorney General Cummings: “The decision in the Washington minimum wage law will be generally welcomed. The country will ponder the fact that | the four dissenting justices were un- | able to concur in this enlightened | opinion.” conduct investigations to ascertain the | Speaker Bankhead Comments. | Speaker Bankhead: “I'm very glad to hear the court upheld this law, but | | I'm wondering how it got around its | | decision in the New York case. I hope | the opinion in this case presages the adoption of a similar attitude toward | laws we enact here.” | Chief Justice Hughes was joined by Justices Brandeis, Cardozo, Stone and | Roberts in upholding the law, the dis- | | senters being Justices Sutherland, Van | Devanter, McReynolds and Butler. Justice Roberts had sided with the four present dissenters in nullifying | the New York law by a 5-to-4 decision. He was not on the bench when the Adkins case was decided. One of the principal arguments ad- vanced during the Senate committee hearings in support of the President’s court bill has been that the Supreme ! Court had set itself up as a sort of | super-legislature by passing on the wisdom of laws as well as on the power |of the Legisiature to enact them. | | | JEWELRY REPAIRED Bring it to & firm yon can trust. Moderate prices. Skilled work- manship. Easy credit terms. CASTELBERG’S 1004 F SLN.W., These critics contended the deter- mination of the wisdom of a statute is exclusively the function of the Legisla- ture. The dissenting opinion in the New York case declared the majority of the justices, in declaring the law void, had been actuated by their “per- sonal economic predelictions.” Reply Seen in Opinion. Many observers read a reply to these critics into the following excerpt from the majority opinion yesterday: “The Legislature had the right to consider that its minimum wage re- quirements would be an important aid in carrying out its policy of protection. (Of women and children.) The adop- tion of similar requirements by many States evidences a deepseated convic- tion both as to the presence of the evil and as to the means adapted to| check it. Legislative response to that conviction cannot be regarded as arbi- trary or capricious and that is all we have to decide. Even if the wisdom of the policy be regarded as debatable and its effects uncertain, Legislature is entitled to its judg- ment.” One of the principal grounds for throwing out the New York law, and perhaps the one most severely criti- cized, was that it deprived women of their freedom to contract with em- ployers. In this connection, Hughes said in the Washington case: “The exploitation of a class of work- ers who are in an unequal position with respect to bargaining power and are thus relatively defemseless against the denial of a living wage is not only detrimental to their health and well- being, but casts a direct burden for | their support upon the community, What these workers lose in wages the taxpayers are called upon to pay. The bare cost of living must be met. * * * The community is not bound to pro- vide what is in effect a subsidy for | unconscionable employers. The com- munity may direct its lawmaking pow- er to correct the abuse which springs | from their selfish disregard of the pub- lic interest.” Although there was virtual agree- ment that the decision clears the way for all States to legislate on wages and hours for women, there was doubt whether it could by implioation be ex- tended to men. Those contending such an inference might fairly be drawn to the follow- ing from the opinion: “The argument that the legislation in question constitutes an arbitrary | discrimination, because it does not ex- tend to men, is unavailing. This court has frequently held that the legislative still the | duthority, acting within its proper fleld, is not bound to extend its regu- lation to all cases it might possibly reach.” Against the inference from this that the Washington law would have held valid had it included men, was this statement by the Chief Justice, quot- ing from an earlier opinion upholding an Oregon maximum hour law for women: “We emphasized the need of pro- tecting women against oppression de- spite her possession of contractual rights. Hence she was ‘properly placed in a class by herself, and legis- lation designed for her protection may be sustained even when like legisla- tion is not necessary for men and could not be sustained.’” Another argument advanced at the Senate hearings has been that the court should presume laws to be con- stitutional until clearly shown to be otherwise, and that the belief of a minority of the court that a law is valid should carry great weight with the majority. On this point the Chief Justice, quoting from the decision in the New York milk-control case, said: “Times without number we have sald that the Legislature is primarily the judge of the necessity of such an enactment, that every possible pre- sumption is in favor of its validity, and that though the court may hold views inconsistent with the wisdom of the law, it may not be annulled unless palpably in excess of legislative power.” The only important argument raised in support of the President’s bill that was not answered in effect in the | opinfon was that the court has not | taken a sufficiently broad view of the | This is- interstate commerce clause. sue was not involved in the Washing- ton case, but is the fundamental ques- tion in the Wagner act cases awaiting | decision. Rulings in these cases, how- ever, cannot now be announced in any event before ne Monda PONTIAC Sixes & Eights IMMEDIATE DELIVERY WE NEED USED CARS Flood Motor Co. 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Strikers, estimated by one plant offi- cial to number 250, sang and danced in the plant behind barred gates this morning. Others outside guarded the gates and formed temporary picket | stations, turning back fellow workmen who came to start the day shift with- out knowledge that a strike had be- gun. Inside the plant with the singing and dancing “sit-downers” was Lloyd Mays, president of the Covington local of the The strikers early today occupied the mill’s cafeteria and held a party, singing and dancing. Others lighted | bonfires outside the buildings anc | gates were barred. Many workers o | the day shifts—there are three—wer | not notified and came to work tt | morning, only to be turned back Mill officials said they had not be notified that a strike was called. 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