Evening Star Newspaper, May 24, 1937, Page 8

THE EVENING STAR, WASHINGTON, D. C, MONDAY, F URI] URGANIZERS Justice Cardozo Poses for Birthday Picture 2K".I.EI] AS GRASH MOVECAUTIOUSLY Membership Stations Set Up Just Outside Limits of Dearbaorn. By the Associated Press. DETROIT, May 24—The United Automobile Workers of America stepped forward cautiously today in the Ford Motor Co. unionization cam- paign. The union’s long-discussed drive on Dearborn, home of the far flung Ford enterprise, fell a few feet short of its objective in the preliminary rush, with the setting up of membership stations near, but not within the city limits. Richard T. Prankensteen, chief or- ganizer in the drive, said the union, in leasing offices in two bank buildings on the Detroit side of the Dearborn boundary, felt that “perhaps we will have a little more equity on this side of the fence, in the jurisdiction of the Detroit police, than with Dearborn Ppolice.” “After all, Ford owns most of the property in Dearborn,” he s: Although the opening of the offices had been sceduled for 9:30 a.m. today, the union said this morning that the ceremony had been postponed until tomorrow. There was some delay, a union spokesman said, in receiving keys from the owners of the buildings. The union claims 10,000 of the 150,- 000 Ford workers in the United States. The current campaign is intended to #ign up a majority of the 90,000 Ford employes in the Dearborn area. (Continued From First Page.) —_— - plied to bring about and to gain control over State unemployment compensation, the statutory scheme is repugnant to the tenth amend- ment.” ‘The opinion filed by Justice Suther- land, in which he was joined by Jus- tice Van Devanter, also questioned whether the administrative provisions of the act do not invade “the gov- ernmental administrative powers of the several States reserved by the tenth amendment.” Sutherland said that there is no doubt a8 to the authority of the Fed- eral Government and the State gov- ermnment to co-operate to a common end, provided each is authorized to reach it. This co-operation, he said, however, must be effectuated by the exercise of the powers that they severally possess “and not by an exer- cise through invasion or surrender by one of them of the governmental power of another.” Justice Sutherland cited as an ex- ample of permissible co-operation be- tween Federal and State governments the old-age assistance plan provided | under the social security act. This, it | was pointed out, leaves the option to the State to accept it or not as it will, Hits Destructive Tendency. In his bluntly worded dissent, Justice McReynolds assailed “the de- structive tendency of legislation like the act before us” and declared that he thinks that portion of the social | security legislation “exceeds the power granted to Congress.” “It undulyI interferes with the orderly Govern- | ment of the State by her own people: and otherwise offends the Federal | Constitution,” Justice ~McReynolds said. He concluded by declaring that “un- questionably our federate plan of Government confronts an enlarged peril.” The first question discussed by Jus- tice Cardoza concerned the nature of the tax itself. Declaring it to be an excise tax, he added: “We find no basis for a holding that the power in that regard, which belongs by ac-| cepted practice to the Legislatures of the States, has been denied by the | Constitution to the Congress of ths Nation.” He also declared the tax, as set up In the statute, is uniformly adminis- fered. States’ Powers Cited. Coming next to what has been | considered the most important ques- tion in the case from a legal stand- point, Justice Cardozo said the tax does not violate the fifth amend- ment because it applies only to em- ployers of eight or more persons, and does not apply to persons en- gaged in agricultural and domestic pursuits. Pointing out that the States may Jay an excise on the operations of & particular kind of business, and exempt other businesses of a similar character, the opinion stated: “If this latitude of judgment is lawful for the States, it is lawful in legislation by the Congress, which is subject to restraints less narrow and confining.” Justice Cardozo’s next holding was that the tax is not void as involving the coercion of the States in violation of the tenth amendment. It had been contended that because the law suthorizes deduction of 90 per cent of the tax in States having their own unemployment insurance law, the ef- fect necessarily would be to force every State to adopt such a law. At the present time 45 States and the Dis- trict of Columbia have unemployment insurance statutes. Facts on Unemployment. In discussing this question, Justice Cardozo said: “To draw the line intelligently be- tween duress and inducement, there is need to remind ourselves of facts as to the problem of unemployment that are now matters of common knowl- edge. * * * During the years 1929 to 1936, when the country was passing through a cyclical' depression, the number of the unemployed mounted to unprecedented heights. Often the average was more than 10,000,000; at times a peak was attained of 16,000,000 or more. “Disaster to the breadwinner meant @isaster to dependents,” the opinion continued. ‘“‘Accordingly, the roll of the unemployed, itself formidable enough, was only a partial roll of the destitute or needy. The fact devel- oped quickly that the States were unable to give the requisite relief. The problem had become national in area and dimensions. There was need of help from the Nation if the people were not to starve. “It is too late today for the argu- ment to be heard with tolerance that in a crisis 50" extreme the use of the monies of the Nation to relieve the unemployed and their dependents is & use for any purpose narrower than the promotion of the general wel- fare. The Nation responded to the call of the distressed. Between January 1, 1933 and July 1, 1936, the States (according to statistics submitted by the Government) incurred obligations of $689,201,802 for emergency relief; Jocal subdivisions an additional $775,- Usually camera-shy, Associate Justice Benjamin Cardozo b roke a precedent today when he posed for news cameramen as he celebrated his 67th birthday anniversari. —Harris-Ewing Photo. 675.366. In the same period, the obli- gations for emergency relief incurred by the National Government were $2,929,307.125, or twice the obligations | of States and local agencies combined. “According to the President’s budget message for the fiscal year 1938, the National Government expended for public works and unemployment re- lief. for the three fiscal years 1934, 1935 and 1936. the stupendous total of $8,681,000,000.” “Co-operative Endeavor.” After this summarization of the unemployment picture during recent years, the opinion of Jsutice Cardozo continued: “In the presence of this urgent need for some remedial expedient, the ques- tion is to be answered whether the expedient adopted has overlept the bounds of power. The assailants of the statute say that its dominant end and aim is to drive the State Legis- latures under the whip of economic pressure into the enactment of un- employment compensation laws at the bidding of the central Government. Supporters of the statute say that its operation is not constraint, but the creation of a larger freedom, States and the Nation joining in & co-operative endeavor to avert a com- mon evil.” After discussing some of the earlier efforts on the part of the States to provide unemployment insurance and citing some of the unhappy results, the opinion.added: “The social security act is an at- tempt to find a method by which all these public agencies may work to- gether to a common end. * * *” Justice Cardozo then came directly to the question of coercion, asking: “Who, then, is coerced through the operation of this statute? taxpayer. He pays in fulfillment of the mandate of the local Legislature. Not the State. Even now she (Ala- bama) does not offer a suggestion that in passing the unemployment law she was affected by duress. For all that appears she is satisfied with her choice, and would be sorely disap- pointed if it were now to be annulled. ‘The difficulty with the petitioner's contention is that it confuses motives with coercion.” Common Semse Guides Law. ‘The decision continued: “To hold that motive or temptation is equivalent to coercion is to plunge the law in endiess difficulties. The outcome of such a doctrine is the ac- ceptance of a philosophical determin- ism by which choice becomes impos- stble. Till now the law has been guided by a robust common sense which assumes ‘he freedom of the will as a working hypothesis in the | solution of its problem. The wisdom of the hypothesis has {llustration in this case. Nothing in the case sug- gests the exertion of & power akin to undue influence, if we assume that such a concept can ever be applied with fitness to the relations between States and unions. Even on that as- sumption, the location of the point at which pressure turns into compulsion, and ceases to be inducement, would be a question of degree—at times, perhaps, of fact. The point had not been reached when Alabama made her choice. * * * There would be a strange irony, indeed, if her choice were now to be annulled on the basis of an assumed duress in the enact- ment of a statute which her courts have accepted as a true expreasion of I her will. stand.” In his opinon, Justice Butler, rais- ing the question of constitutionality under the tenth amendent, said: “The Constitution grants to the United States no power to pay unem- ployed persons or to require the States to enact laws or to raise or disburse money for that purpose. The pro- Visions in question, if not amounting to coercion in a legal sense, are mani- festly designed and intended directly to affect State action in respects specified. And, if valid as so em- Ployed, this tax and credit device may be made effective to enable Federal authorities to induce, if nots indeed, to compel, State enactments for any purpose within the realm of State power and generally to control State administration of State laws. Amounts Given Up to Congress. “The act creates a social security board and imposes upon it the duty of studying and making recommenda- tions as to legislation and as to ad- ministrative policies concerning unem- ployment compensation and related subjects. 702. It authorizes grants of money by the United States to States for old age assistance, for administra- tlon of unemployment compensation, for aid to dependent children, for maternal and child welfare and for public health. Each grant depends upon State compliance with conditions prescribed by Federal authority. The amounts given being within the dis- cretion of the Congress, it may at any wd o REAL fle/’fifmculo TO HELP REFINE COARSENED IRRITATED SKIN CUTICURA 53%esr OINTMENT We think the choice must the | Not the | time make available Federal money sufficiently effective to influence State policy, standards and details of ad- ministration. “The excise laid by 901 is limited to specified employers. It is not im- posed to raise money to pay unem- ployment compensation. But it is imposed having regard to that subject for, upon enactment of State laws for that purpose in conformity with Fed- eral requirements specified in the act, each of the employers #abject to the Federal tax becomes entitled to credit for the amount he pays into an un- employment fund under s State law | up to 90 per cent of the Federal tax. { The amounts yielded by the remain- ing 10 per cent, not assigned to any specific purpose, may be applied to pay the Federal contributions and ex- penses in respect of State unemploy~ ment compensation. It is not yet possible to determine more closely the sums that will be needed for these | purposes. “When the Federal act was passed Wisconsin was tie only State paying | unemployment compensation. Though | her plan then in force is by students of the subject generally deemed the | best yet devised, she found it neces- sary to change her law in order to secure Federal approval. In the ab- sence of that, Wisconsin employers subject to the Federal tax would not have been allowed any deduction on account of their contribution to the State fund. Any State would be | | moved to conform to Federal require- E ments, not utterly objectionable in | order to save its taxpayers from the Federal tax imposed in addition to the contributions under State laws. Peril in Federal Tax. “Federal agencies prepared and took | draft bills to State Legislatures to en- | able and induce them to pass laws ' providing for unemployment com- pensation in accordance with Federal | requirements and thus to obtain relief for the employers from the impending | Pederal exaction. Obviously the act creates the peril of Federal tax, not to raise revenue, but to persuade. Of course, each State was free to reject | any measure so proposed. But if it failed to adopt a plan acceptable to Federal authority, the full burden of the Federal tax would be exacted. And as Federal demands similarly conditioned may be increased from | time to time as Congress shall deter- | mine, possible Federal pressure in that | feld is without limit. Already at | least 43 States, ylelding to the induce- | ment resulting immediately from the application of the Federal tax and | credit device, have provided for un- employment compensation in form to merit approval of the Social Security Board. Presumably the remaining | States will comply whenever conven- | dent for their Legislatures to pass the | necessary laws. “The terms of the measure make it clear that the tax and credit device was intended to enable Federal officers | powers of the States in a fleld in which they alone have jurisdiction and from which the United States is by the Constitution excluded. “1 am of opinion that the judgment of the Circuit Oourt of Appeals should be reversed.” Sutheriand Opinion. The minority opinion filed by Jus- tice Sutherland in which Justice Van Devanter joined, said: “With most of what is said in the opinion just handed down, I concur. I agree that the pay roll tax levied | is an excise within the power of Con- gress; that the devotion of not more than 90 per cent of it to the credit of employes in States which require the payment of a similar tax under so0-called unemployment-tax laws :s not an unconstitutional use of the proceeds of the Federal tax; that the provision making the adoption by the State of an unemployment law of a specified character a condition prece- dent to the credit of the tax does not render the law invalid. I agree that the States are not coerced by the Federal legislation into adoptisg un- employment legislation. The provis- lons of the Federal law may operate to induce the State to pass an employ- ment law if it regards such action to be in its interest. But that is not coercion. If the act stopped here, I should accept the conclusion of the court that the legislation is not un- constitutional. “But the question with which I have difficulty is whether the admin- istrative provisions of the act invade the governmental administrative pow- ers of the several States reserved by the tenth amendment. A State may enter into contracts, but a State can not by contract or statute surrender the execution or a share in the execu- RESORTS ATLANTIC CITY, NJ. Spe- il virtually to control the exertion of | tion of any of its governmental powers either to a sister State or to the Fed- eral Government, any more than the Federal Government can surrender the control of any of its governmental powers to & forelign nation. The power to tax is vital and fundamental and, in the highest degree, govern- mental in character. Without it the State could not exist. Fundamental, also, and no less important, is the governmental power to expend the monies realized from taxation and exclusively to administer the laws in respect of the character of the tax and the methods of laying and col- lecting it and expending the proceeds. People Divided Powers. “The people of the United States | by their Constitution have affirmed & division of internal governmental pow- ers between the Federal Government and the governments of the several States—committing to the first its powers by express grant and neces- sary implication; to the latter, or to the people, by reservation, ‘the powers not delegated to the United States by the Constitution nor prohibited by it to the States.’ The Constitution thus affirms the complete supremacy and independence of the State within the field of its powers. The Federal Government has no more authority to invade that field than the State has to invade the ex- powers; for in the oft-repeated words of this coyrt in Texas vs. White, 7 Wall 700,725, ‘the preservation of the States and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the national Govern- ment’ The Aecessity of preserving each from every form of illegitimate intrusion or interference on the part of the other is so imperative as to require this court, when its judicial power is properly invoked, to view with a careful and discriminating eye any legislation challenged as constitut- ing such an Intrusion or interference. “The precise question, therefore, which we are required to answer by an application of these principles is whether the congressional act contem- plates a surrender by the State to the Federal Government, in whole or in part, of any State governmental power to administer its own unem- ployment law or the State pay roll tax funds which it has collected for the purposes of that law. An afirma- tive answer to this question, I think, must be made. U. 8. and States Can Co-operate. “I do mnot, of course, doubt the | power of the State to select and utilize | & depository for the safekeeping of its funds, buf it is quite another thing to agree with the selected depository | that the funds shall be withdrawn for certain stipulated purposes, and for no other, Nor do I doubt the author- ity of the Federal Government and a State government to co-operate to & common end, provided each of them is authorized to reach it. But such Co-operation must be effectuated by an exercise of the powers which they severely possess, and not by an exercise, through invasion or sur- render, by one of them of the govern- mental power of the other, “An illustration of what I regard as permissible co-operation is to be found in title 1 of the act now under consideration. By that title, Federal appropriations for old-age assistance are authorized to be made to any State which shall have adopted a plan for old-age assistance conforming to designate requirements. But the State is not obliged, as a condition of hav- ing the Federal bounty, to deposit in the Federal Treasury funds raised by the State. The State keeps its own funds and administers its own law in respect to them, without let or hindrance of any kind on the part of the Federal Government, so that we have simply the familiar case of Fed- eral aid upon conditions which the State, without surrendering any of its powers, may accept or not as it chooses. “But this is not the situation with which we are called upon to deal in the present case. For here, the State must deposit the proceeds of its taxa- tion in the Federal Treasury, upon terms which make the deposit suspi¢ ON O} coLumBsia ADVERTISEMENT. _ His Best Friend Told Him It was his wife, and she told him the truth. Bat she didn’t say he had “bad breath.” Instead, she said, “My dear, you need E-Z Tablets.” A hint to the wise is sufficient. Don’t wait for some one te tell you. If you feel sluggish, headachy, dissy or bilious, due to con- stipation, you may be quite sure your breath is telling others, ' Get & pack- age of E-2Z tablets today, At all good drag steres, ealy 5 clusive field of national governmental | ENDS G- MILE CHASE Third Youth Hurt, Fourth Escapes Shots of Pursuing Maryland Police. By the Associated Press. BALTIMORE, May 24.—Two youths | were killed and a third critically in- | Jured early today when a stolen auto- mobile crashed into a tree near Hale- thorpe after a 6-mile chase by police. A fourth youth climbed from the wreckage and escaped into nearby woods despite 12 shots fired by the officers in an attempt to halt him. The dead: Earl James Wright, 18, killed in- stantly. James Faulkner, 19, who died later in a Baltimore hospital. Albert L. Baker, 22, was brought to the hospital unconscious; his injuries were diagnosed as a possible fractured skull, broken leg and internal injurles. Halethorpe Police Notified. Police Sergt. Wilbur Martindale re- ported he saw the large sedan in which the four youths were riding speeding along the Washington Boule- vard with Motor Cycle Policeman Ed- ward Hueneke in pursuit. Sergt, Martindale joined the chase. A spectator meanwhile notified Halethorpe police and a squad car Wwas ready at the substation there, en- gine running, to join the city officers. Halethorpe police said the sedan passed the substation at better than 80 miles an hour. Suspect Arrested. The big car finally swung off the boulevard into & winding lane. A mile and a half along the lane, the driver of the sedan lost control and the | machine hurtled into a tree. 'l'he‘ pursuing officers said the body of the car burst open like “an eggshell.” Later three officers arrested a youth said to have been with the others be- fore the accident. When found at his home, they said, he was suffering from facial lacerations and numerous bruises. He was held for questioning. Sergt. Martindale said the sedan | had been reported stolen from Charles Harting of Lansdowne. MAY 24, 1937. Reporter, Confidant of Justices, Scored Beat With Resignation % John Suter Given Story'i by Van Devanter at Apartment. By the Associated Press. John T. Suter, who broke the story about Justice Willis Van Deévanter's | decision to retire from the Supreme | Court, has known many justices inti- | mately since he began newspaper work at 19 in 1885. Time and again he has visited in their homes, seeking an explanation | of some difficult legal point to present | it clearly for readers of the Asso- ciated Press—which he joined in 1921 —and remaining to exchange stories and reminiscences. Two rules always were observed: Never to discuss a case pending before the court and never to break a con- fidence. ‘White-haired now, at 71, but on the job every week day. he had his highest reward yet last week. Called By Van Devanter. John,” as fellow reporters affection- ately know him, heard the telephone ringing at his home at 8 o'clock Tues- day morning. “Mr. Suter, Justice Van Devanter wants to know if you can drop by his apartment on the way to the office?” “I wondered what he could want,” Suter said yesterday. “There was only one story I could think of in the taxi—the justice’s retirement. “But that seemed out of the ques- tion when Justice Van Devanter, wear- ing his office jacket and puffing his pipe, talked for 15 minutes about my health. He told me what I should do. “Then he said: ‘What I really wanted to see you about is that I'm going to notify the President of my retirement.’ " Justice Van Devanter handed him a copy of the letter, stipulating that it not be published until the official copy reached the White House. Scores Beat With Story. *‘Be sure and visit me on my farm,” he said as Suter departed with the best newspaper “beat” of the Wash- ington year. Allowing time for the messenger to arrive at the White House, Suter then | broke the news of Van Devanter's de- cision. Congratulations from rival report- | ers have kept him blushing since. | JOHN T. SUTER. “How did you do it?” would-be inter- viewers asked. But John refused to tell until Justice Van Devanter said, “Sure, go ahead, were mutual friends.” They became special friends after Chief Justice Taft and Van Devanter started working closely together on court problems in the early 1920s. The Chief Justice often would have Suter ride home with him from the court. They sometimes would sit by the hour in front of Taft's home exchanging humorous anecdotes. “Teddy” Subject Taboo. One of Suter’s best earlier “beats” came when Taft told him for quota- tion how much he preferred the chief Jjusticeship to the presidency. The vet- eran reporter recalls now that he often wondered how Taft in his later years felt about his ally of younger days, “Teddy” Roosevelt. “But that was one subject he would not discuss,” sald Suter. Reporters crowding the executive offices for the President's first press conference after Van Devanter an- nounced retirement talked two sub- jects: “What effect will it have on the court reorganization bill?” and “wasn't that great about John?” He was back home then weeding his garden. “It was nothing,” he said yesterday. “It's all in the day's work.” lously like a forced loan to be Tepald only in accordance with restrictions imposed by Federal law. All moneys withdrawn from this fund must be used exclusively for the payment of compensation. And this compensation is to be paid through public employ- ment offices in the State or such other agencies as a Federal board may ap- prove. The act, it is true, recognizes the power of the Legislature to amend or repeal its compensation law at any time. But there is nothing in the act, as I read it, which justifies the con- clusion that the State may, in that | event, unconditionally withdraw ite funds from the Federal 'K‘ren.!m’}ni Section 903 (B) provides that the | board shall certify in each taxable year to the Secretary of the Treasury each State whose law has been approved. But the board is forbidden to certify any State which the board finds has | 80 thanged its law that it no longer | contains the provisions specified in subsection (A), ‘or has with respect to | such taxable year failed to comply substantially with any such provie sion.’ U. S. Censor of States. ““The Federal Government, therefore, in the person of its agent, the board, sits not only as & perpetual overseer, | interpreter and censor of State legis- lation on the subject, but, as lord | paramount, to determine whether the State is faithfully executing its own law—as though the State were a de- pendency under pupilage and not to be trusted. The foregoing, taken in connection with the provisions that money withdrawn can be used only in payment of compensation and that it must be pald through an agency approved by the Federal Board, leaves it, to say the least, highly uncertain whether the right of the State to withdraw any part of its own funds exists, under the act, otherwise than upon these various statutory condi- tlons. It is true also that subsection (F) of paragraph 904 authorizes the Secretary of the Treasury to pay to any State agency ‘such amount as it | may duly requisition, not exceeding jbetween the two. the amount standing to the account | of such State agency at the time of | such payment. But it is to be ob- served that the payment is to be made to the State agency, and only | such amount as that agency may duly | RE-GROW HAIR requisition. It is hard to find in this provision any extension of the right of the State to withdraw its funds except in the manner and for the spe- | cific purpose prescribed by the act. “By these various provisions of the act, the Federal agencies are author- | ized to supervise and hamper the ad- ministrative powers of the State to & degree which not only does not comport with the dignity of a quasi- sovereign State—a matter with which | we are not judicially concerned—but | which deny to it that supremacy and freedom from external interference in respect of its affairs which the Constitution contemplates—a matter of very definite judical concern. I refer to some, though by no means all, | of the cases in point. “In the license cases, 5 How 504, | 588, Mr. Justice McLean said that | the Federal Government was supreme | within the scope of its delegated powers not delegated nor inhibited to them: that the States exercise their powers over everything connected with their social and internal condition; and that over these subjects the | Federal Government had no power. | “They appertain to the State sovereign- ty as exclusively as powers exclusive- | ly delegated appertain to the general Government.’ ” Cites Previous Decision. | “In Tarble's case, 13 Wall. 397,/ that the general Government and ;(he State are separate and distinct | termination is | sovereignties, acting | independently of each other within | States. separately and their respective spheres, said that | except in one particular, they stood | abdicated on the other. The purpose | in the same independent relation to of the Constitution in that regard | does not admit of doubt or qualifica- | | tion; and it can be thwarted no more | | by voluntary surrender from within | each other as they would if their authority embraced distinct territories. The one particular referred to is that of the supremacy of the authority of the United States in case of conflict | “In Farrington vs. Tennessee, 95 WALL PAPER 100 Beautiful patterns to Iselect from_ Enough for room § 10x12 feet - MORGAN’S Paints and_Hard 421 10th St. NNW. NA. 7888 @ @ @ Science has found that the hair-growing structure (papilla) remains alive and ready to respond to proper stimulative treatment even long after hair has disappeared from the scalp. ‘Thomas has perfected a method of stimulating this dor- mant hair-growing structure to normal activity. First, Thomas treatment removes the causes of inactivity (usu- ally one or more of 14 local scalp disorders) and then skill- fully supplies the necessary stimulation and thus makes it possible for the hair to gain sufficient strength to push through the follicle and become visible again on the scalp. Come in person to the nearest Thomas officc TODAY and learn more about this precise, reliable method of grow- ing hair, stopping hair-fall, and ending dandruff. No charge will be made for consultation or scalp examination. You will not be accepted for treatment unless your case comes within the scope of Thomas methods. World's Leading Hair and Scalp Specialists—Forty-ive Offices SUITE 1050-51 WASHINGTON BUILDING (Cornes N. Y. Avenue and 15th St. N.W.) (309arate Departmenta for Men and Women! HOURS=S AM. to 7 PML SATURDAY te 3:30 PM. U. 8., 679, 685, this court said the national Government may not in- trude. Within that domain the State is as if the Union were not. Such are the checks and balances in our complicated but wise system of State and national policy. “‘The powers exclusively given to the Federal Government,’ it was said in Worcester vs. State of Georgia, six pet 515, 570, are limitations upon the State authorities. But, with the exception of these limitations, the States are supreme; and their sov- ereignty can be no more invalid by the action of the general Government, than the action of the State govern- ments can arrest or obstruct the course of the national power. Distribution of Powers. “The force of what has been said is not broken by an acceptance of the view that the State is not co- erced by the Federal law. The ef- fect of the dual distribution of powers is completely to deny to the States whatever is granted exclusively to | the Nation, and, conversely to deny to the Nation whatever is reserved exclusively to the States. mination of framers convention and the ratifying conventions to preserve complete and unimpaired State self- government in all matters not com- mitted to the general Government is | one of the plainest facts which | Mr. Justice Field, after gointirg out | emerges for the history of the deliber- ations. And adherence to that de- incumbent equally upon the Federal Government and the State powers can neither be appropriated on the one hand nor than by invasion from without. “Nor may the constitutional objec- tion suggested be overcome by the ex- TABLE PADS $1.95 w Segman .., , oo St. N.W., 409 7th St. N.W. | The deter- | GLADYS MKNIGHT AGCUSES POLICE Charges They Manufactured Story of Slaying Con- fession. E5 the Assoctated Press. JERSEY CITY, N. J, May 24— Gladys MacKnight, 17, today ac- cused Bayonne police of “manufac- turing” a statement quoting her as confessing the hatchet slaying of her mother. Point by point, she repudiated the statement which she said was dic- tated to her by police questioners. Testifying in her murder trial, the girl said she answered “yes” or nodded affirmatively to police ques- tions by pre-arrangement after they threatened her with the electric chair if she didn't change her story. She had testified earlier that her co-defendant and former sweetheart, young Donald Wightman, struck the hatchet blows which killed her mother after the latter had discov- ered Wightman kissing Gladys and advanced toward them with a knife, The statement she repudiated had quoted her as saying she wielded the hatchet while Donald held Mrs. Mac= | Knight's arms, She said the detective questioning her “held a paper,” on w h thought was written Donald's story of the slaying. “I had agreed {o tell the story,” she said, after being persuaded by police that her first account of the tragedy would not be accepted. Lindbergh (Continued From First Page.) today from the flying colonel's home near Weald, Kent, But the Lindberghs turned aside = inquiries. His closest friends were unable to reach him by telephone The reports, however, said Mre Lindbergh was in good health. The baby had not been seen by an* one outside the Lindbergs' home, nor has the birth been registered. This need not be done locally until six weeks after birth, | pectation of public benefit resulting from the Federal participati uthor- ized by the act. Such expectation, if voiced in support of a proposed co stitutional enactment, would be quite proper for the consideration of the legislative body. “But, as we said in the Carter case. supra, page 391—'Nothing 1s more cer- | tain than that beneficient aims, how- ever great or well directed, can never | serve in lieu of constitutional power ' | Moreover, everything which the act seeks to do for the relief of unemploy- | ment might have been accomplished | as is done by this same act for the | relief of the misfortunes of old age, Iwilhout obliging the State to surren- der, or share with another government, any of its powers. Sees Balance Vital. “If we are to survive as the Unites! States, the balance between the pow- ers of the Nation and those of th States must be maintained. There § grave danger in permitting it o dip |in either direction: danger—if there * were no other—in the precedent thereby set for further departures from the equipoise. The threat im- plicit in the present encoachmen: upon the administrative functions of the States in that greater encroach- | ments, and encroachments upon other functions, will follow. “For the foregoing reasons, I think | the judgement below should be re- versed. “Mr. Justice Van Devanter joins in this opinion.” _— INSURANCE FOR EVERYONE Ases 3 to 60 (WHITE ONLY) | =h This is not fraternal organization. You are protected by the assets of A reputable insurance company who has served the public for 34 years. Inter-Ocean Casualty Co. E. 0. WIELAND. Msr. 1343 H St. N.W.. Room 209 Phone District 7188 RNIZE Glasses Don'’t wear glasses that are out of style and unbecom- ing. Dr. Birkett, Regis- tered Optometrist at Kay’s, will prescribe glasses that will add to your appearance. See him today. AS LOW AS 50¢ A WEEK