Evening Star Newspaper, May 25, 1937, Page 5

ZIONCHECK WIDOW HERE FOR SERVIGE Flies From Hollywood After Screen Test for Role of Scarlett. Mrs. Rubye Louise Nix Zioncheck arrived here by plane from Hollywood yesterday to attend the memorial services to be held at the Capitol to- morrow for her late husband, former Representative Marion A. Zioncheck of Washington. Mrs. Zioncheck flew to Washington directly after completing tests for the role of Scarlett O'Hara in the screen version of Margaret Mitchell's “Gone With the Wind.” . “It was all very thrilling,” she re- marked of the tests. “Of course, I do not know yet how they turned out.” Interview Refused. Mrs. Zioncheck posed for only one picture at the airport and then, re- tusing to be interviewed, hurried to a waiting cab in company with a blond man who had met her plane. She went directly to a downtown department store where she visited with an uncle. The taxi stopped at the store en- | trance while Mrs. Zioncheck and her | escort said good-by. There was a loud blowing of horns for several seconds as the waiting taxi blocked the thor- oughfare. Upstairs Mrs. Zioncheck consented to an interview. “I am now working on my auto- biography at the request of a national magazine,” she said. “I'm writing a novel, t0o.” She would not tell the plot of the novel, only to state that it did not concern the life of herself or late husband. Escort Only Friend. “No, T am not engaged or in love again,” she replied to a question. “The gentleman who met me? He was only & friend. “My only purpose in coming to Washington was to attend the con- gressional memorial services. Then, too, I want to see my friends while I am here and attend to a few busi- ness matters, she added. She is stopping at the Carlton Hotel. Court (Continued From First Page.) “way out” if he desires to avail him- self of it. 4 Senator Burke, Democrat, of Ne- braska, a leader of the court bill's foe: said the validation of unempioy- ment insurance and old-age pensions *“knocked the last prop from under the court proposal.” Speaker Bankhead contended on the | other hand that the security rulings | ‘would have little effect on the court dispute. Senator McGill, Democrat, of Kan- tas predicted that the court's latest decisions would result in approval of | & compromise. Treasury officials also received the | rulings with a figurative sigh of relief. An adverse decision would have had a most serious effect on the Govern- ment’s finances and probably would | have necessitated new taxes to pay | the necessary refunds. The favorable | opinions also obviate what might have been the necessity of new borrowing t@ handle the Government's refinanc- | ng program. As the situation stands now, the Sreasury will receive into its general | fund taxes from some 26,600,000 | workers and 2,700,000 employers. It | 18 expected these taxes will aggregate sbout one billion dollars in the next fiscal year, mounting higher as the| rate of tax increases. Cardozo Delivers 2 Opinions. ‘The two major opinions, validating old age pensions and unemployment | insurance, were delivered by Justice | Cardozo, who was celebrating his 67th irthday. The third opinion, uphold- ing the Alabama State unemployment insurance law, enacted in conjunction | with the Federal statute, was delivered | by Justice Stone. The vote on unemployment insur- ance was 5 to 4, Chief Justice Hughes and Justices Stone, Brandeis, and Roberts siding with Cardozo. Justice Butler dissented outright, while Justice | McReynolds wrote one separate dis- senting opinion, and Justice Suther- land, with the concurrence of Van Devanter, wrote another. The court divided 7 to 2 on the old age pension provision of the law, with | Justices McReynolds and Butler dis- senting on the ground the legislation violated the tenth amendment, which | reserves to the States all powers not | granted the Federal Government | specifically or by necessary implica- | on. The justices again split 5 to 4 on the Alabama State law, with Ju.sticesi Sutherland, McReynolds, Butler xmdl Van Devanter being the dissenters. | This opinion makes it probable that | similar laws adopted by 44 other | Btates, Alabama and the District will | be upheld if attacked. Coercion Contention Overruled. For the majority, Justice Cardozo enumerated and flatly overruled all the contentions raised by counsel for the Chas. C. Steward Machine Co. of Alabama, which had attacked the un- employment insurance levy as uncon- stitutional. The tax, Cardozo said, was an excise uniformly imposed, despite specified exemptions from its operation. Nor, e said, does its provision that 90 per cent of the tax be rebated to States having acceptable unemployment in- surance laws of their own constitute a form of coercion upon the States, nor | an unconstitutional surrender by the | latter of their constitutional rights. “To draw the line intelligently be- +tween duress and inducement,” Car- dozo read, “there is need to remind ourselves of facts as to the problem of unemployment that are now matters of common knowledge. “Of the many available figures a few only will be mentioned. During the years 1929 to 1936, when the country was passing through a cyclical depres- sion, the number of unemployed mounted to unprecedented heights. Often the average was more than 10,- 000,000, at times a peak was attained of 16,00,000 or more. Disaster to the breadwinner meant disaster to de- pendents. *Accordingly the roll of the unem- ployed, itself formidable enough, was only a partial roll of the destitute or needy. The fact developed quickly that the States were unable to give the requisite relief. The problem had be- come national in area and dimensions. “There was need of help from the DAYTON FAN BELTS For All Cars DLEY( 1716 144 ST.NW. NORTH 1583 Here for Memorial Rites Mrs. Rubye Nix Zioncheck is shown being questioned by re- porters yesterday as she arrived at Washington Airport from Hollywood. THE EVENING —A. P. Photo. Nation if the people were not to starve. It is too late today for the argument to be heard with tolerance that in a crisis so extreme the use of the moneys of the Nation to relieve the unemployed and their dependents is a use for any purpose narrower than the promotion of the general welfare. “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,” Cardozo continued. “The assailants of the statute say that its dominant end and aim is to drive the State Legislatures under the whip of economic pressure into the enact- ment of unemployment 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, the States and the Nation joining in a| co-operative endeavor to avert a com- mon evil. * * * Attempt to Find Solution. “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. Every dollar of the new taxes will continue in all likelihood to be used and needed by the Nation as long as States are unwillins, whether through timidity or for other motives, to do what can be done at home. At least the infer~ ence is permissible that Congress so believed, though retaining undimin- ished freedom to spend the money as it pleased. “On the other hand, fulfiliment of the home duty will be lightened and encouraged by crediting the taxpayer upon his account with the Treasury of the Nation to the extent that his | contributions under the laws of the locality have simplified or diminished the problem of relief and the prob- able demand upon the resources of the F. I. S. C. (Public Treasury). “Duplicated taxes, or burdens that approach them, are recognized hard- ships that Government, State or Na- tion, may properly avoid. If Con- gress believed that the general wel- fare would better be promoted by re- lief through local units than by the ystem then in vogue, she co-operat- ing localities ought not in all fairness to pay a second time.” Warning on Tax Validity. A note of caution was sounded, however, in the following sentence from the opinion: “We do not say that a tax is valid when imposed by act of Congress, if it is laid upon the condition that a State may escape its operation through the adoption of a statute un- related in subject matter to activities fairly within the scope of national policy and power. No such question is before us.” At the conclusion of Cardozo’s opin- ion there was a pause while Associate Justice McReynolds leaned forward, smiled slightly, anc asserted he could not agree with the majority because he considered the “act unduly inter- feres with the orderly government of the State by her own people and oth- | erwise offends the Federal Constitu- tion.” He abandoned his prepared opinion, consisting for the most part of a re- print of a veto message sent to Con- gress by President Pierce in 1854, and continued extemporaneously. A written constitution, he said, has prescribed the powers of Congress in “fairly plain language,” and “no vol- ume of votes, no appeal to feelings of humanity can expand the powers Wwhich have been granted to Congress.” Hits at State Coercion. He described the Government as an “indestructible union of indestructible States,” asserting that “to coerce the States is to destroy the Federal Gov- ernment.” He added: “To my mind, it seems incompre- hensible to say that acting under re- strictions of this sort the people of Alabama (the decision came on an Alabama case) are free. This act, it seems to me, is not within the prov- ince of Congress.” Assoclate Justice Sutherland, for himself and Associate Justice Van Devanter, quickly demonstrated that for all practical purposes, the decision might as well have been 7 to 2. He Any one afflicted knows ARTHRITIS « « . rheumatism . . . neuritis sheuld be arrested in their earlier stages .. . avoid a life of pain and helplessness. Learn how Mountain Valley Mineral Water from Hot Springs, Ark., can help you . . . control and eliminate uric acid . flush out the poisons. Thousands of sufferers have benefited . + . you have everything to gain. Phone today or write Mountain Valley Water Co., 1405 K St, N.W., MEt. 1062, for booklet, | Junction was not the proper remedy. concurred in the majority opinion in all points but one. He disagreed only upon the method of administering the law, with the States depositing their unemployment insurance rebates in the Federal Treas- ury. This provision, he said, invades the rights of the States. Associate Justice Butler, in a third dissenting epinion, announced his agreement with both McReynolds and Sutherland. Age Benefits Taken Up. With unemployment insurance safely on the constitutional side of the fence, Justice Cardozo then took up the old-age benefits. This phase of the act was attacked by George P. Davis, stockholder in the Edison Electric Illuminating Co. of Boston. Davis’ suit for an injunction | to restrain the corporation from paying the tax was dismissed by the Boston district court on the. ground it was not a proper action, but the First Circuit Court of Appeals took a dif- ferent view and declared the entire act unconstitutional. Cardozo’s opinion disclosed that he and Justices Brandeis, Stone and Roberts felt the suit should be dis- missed on the ground a suit for in- The majority of the Supreme Court decided, however, that because of “extraordinary features” in the case it was proper to determine whether the | “benefits and taxes are valid or in- | valid.” Proceeding to his consideration of | the case on its merits, Justice Cardozo, speaking for the majority, said: “Congress may spend money in aid | of the general welfare. There have | been great statesmen in our history | who have stood for other views. We will not resurrect the contest. It is now settled by decision. Line Must Be Drawn, “The conception of the spending power advocated by Hamilton nnd‘ strongly reinforced by Story has pre- | vailed over that of Madison, which | has not been lacking in adherents. | Yet difficulties are left when the power | is conceded. The line .nust still be | drawn between one welfare and an- other, between particular and general. ‘Where this shall be placed cannot be known through a formula in advance of the event. There is a middle ground or certainly a penumbra in which discretion is at large. The discretion, however, is not confided to the courts. The discretion belongs to Congress, unless the choice is clearly wrong, a display of arbitrary power, not an exercise of judgment. This is now familiar law. “Nor is the concept of the general welfare static. Needs that were nar- Tow or parochial a century ago may be interwoven in our day with the well-being of the Nation. What is critical or urgent changes with the times.” Court Liberality Seen. Followers of the controversy over the President’s court bill seized eagerly on this liberal language, now the law of the land, as clear proof that the President’s plea for “infusion of new blood” into the judiciary to obtain & “more enlightened” interpretation of the Constitution, now has no foun- dation in fact. Continuing, Justice Cardoza said: “The purge of Nation-wide calamity that began in 1929 has taught us many lessons. Not the least is the solidarity of interests that may once have seemed to be divided. Spread- ing from State to State, unemploy- ment is an {ll, not particular, but general, which may be checked, if Congress so determines, by the re- sources of the Nation. If this can have been doubtful until now, our ruling today (in the ‘unemployment OVER 40 YEARS' EXPERI Rug Cl1 STAR, WASHINGTON insurance case) has set the doubt at rest. “But the ill is all one, or at least not greatly different whether men are thrown out of work because there is no longer work to do or because the Inabilities of age make them incapable of doing it. Rescue becomes neces- sary irrespective of the cause. The hope behind this statute is to save men and women from the rigors of the poor house as well as from the haunt- ing fear that such a lot awaits them when journey’s end is near.” Careful Investigation Cited. Justice Cardozo then said that Con- gress did not “improvise a judg- ment” when it found that the award of old-age benefits would be con- ducive to the general welfare, but reached this conclusion only after a careful investigation of the facts. After reviewing the facts unearthed by this investigation the opinion stated: “The problem is plainly national in area and dimensions.” He also added that the laws of the separate States cannot deal with the problem effectively and concluded that the tax on employers is a valid excise or duty upon the relation of employ= ment, and that it is not invalid be- cause some classes of workers, such as domestic and farm employes, are exempted. In his dissenting opinfon Justice McReynolds sald: In upholding the State jobless in- surance law, the court passed on two cases which came up from Alabama, as the result of injunctions to re- strain collection of the tax, granted by a three-judge Federal Court at the behest of the Southern Coal & Coke Co. and the Gulf States Paper Corp. State courts have held these acts constitutional. In the majority opinion Justice Stone said that “we see no reason to doubt that the present statute is an exertion of the taxing power of the State.” “Taxes, which are but the means of distributing the burden of the cost of Government, are commonly levied on property or its use, but they may likewise be laid on the exercise of personal rights and privileges,” he said. Discrimination Charged. The State of Alabama took the case into the Supreme Court, taking up the contention of the two appellent companies that the tax, which, in Alabama, is borne both by employer and employe, is discriminatory and violates the due process power clause, Justice Butler said that “It is inher= ent in the exercise of the power to tax that a State be free to select the subject of taxation and to grant ex- ceptions.” “This court.” the opinion said, “has repeatedly held that inequalities which result from a singling out of one particular class for taxation or ex- emption, infringe no constitutional limitation.” It added that “a legis- lature is not bound to tax every mem- ber of a class or none. It may make distfhctions of degree, having a ra- tional basis, and when subjected to Judicial scrutiny, they must be pre- sumed to rest on that basis if there s any conceivable state of facts which would support it.” The Alabama statute applies only to employers with eight or more em- ployes. The companies fighting the law had been sustained by the lower courts in their contention that there Wwas no reason for a distinction for purposes of taxation between those who have only seven employes, and those who have eight. Twilight Zone Decision. Answering this, however, the ma- Jority opinion said, “Yet this is the type of distinction which the law is often called upon to make.” It added “whether it (the State) should draw the line at one, three, or seven is peculiarly & question for legislative decision. The decision cannot be said to be arbitrary because it falls in the twilight zone between those members of the class which plainly can and those which plainly cannot expedi- tiously be taxed.” In a dissent concurred in by Jus- tices Van Devanter and Butler, Justice Sutherland did not dispute the valid- ity of unemployment compensation statutes, per se, but took exception only to the form of the Alabama statute. Justice McReynolds also dis- sented, but filed no opinion. In his opinion, Justice Butler, rais- ing the question of constitutionality under the tenth amendment, 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 spec- ifiled. And, if valid as so employed, this tax and credit device may be made effective to enable Federal au- thorities to induce, if not, indeed, to compel, State enactments for any purpose within the realm of State power and generally to control State administration of State laws.” St. John's Luncheon Tomorrow. A luncheon in honor of the senior class of St. John's College will be given by the Mothers’ Club of the school at the Grafton Hotel at 1:30 p.m. There are nearly 90 graduates this year who will attend, it was announced. PONTIA Sixes & Eights C IMMEDIATE DELIVERY e R R S PP A, WE NEED USED CARS Flood Motor Co. Direct Factory Dealer 4221 Connecticut Ave. Clev. 8400 ENCE SPECIALIZING IN eaning Send us your rugs for a thorough shampoo cleaning now—next dust cleaning. This means year all that's necessary is a thorough SANITARY RUG CLEANING SERVICE COSTS less because RUGS STAY CLEAN LONGER and do not nee CLEANING EVERY YEAR. All rugs d SHAMPOO are cleaned in our own modern plant, containing the most odvanced and approved equipment. only skilled rug cleaners. Your rugs We employ are returned bright and new looking, perfectly cleaned, colors restored. Get our prices now. All Rugs Are Sterilized, Demothed, and Insured Free While in Our Possession. Get Our LOW Summer Storage Rates . PHONES: NAH, 3251—NAN. 3357 D. C, TUESDAY, HECHT TEN-YEAR CLUB HOLDS ANNUAL PARTY Harold G. Malone Is Elected Head of Group at Banquet and Dance. Harold G. Malone was elected pres- ident of the Ten-Year Club of the Hecht Co. last night at the annual banquet and dance at the Shoreham Hotel. He succeeded J. Willard Nalls, who presided. Other new officers are Mrs. Mildred M. Long, vice president, and Miss Bessie Buck, secretary. Alexander Hecht, president of the company, heads the list of the club members, with a service of 41 years. MAY 25, 1937. Three members have been with the firm 38 years: Mrs. Mary Wiley, William Littleton and Dan Kraus- kofT. Principal speakers at the banquet were Hecht and C. B. Dulcan, vice president and general manager. Ane- nouncement was made of officers of the company promoted during the year. Several new members were ad- mitted. ol o Democrats Meet Tonight. Annual election of officers and nomi- nation of chairmen from each con- gressional district will take place at the meeting tonight of the Connecticut Democrats of the District. The meet- ing will be in the Hayloft, 1326 Massa- chusetts avenue. “LOVE’S LABOR LOST” POSTER CONTEST BEGUN High 8chool Classes and Students and Abbott School of Art in Competitions. ‘Washington high school art classes and -students of the Abbott Schoo! of Art are making posters announcing the presentation of Shakespeare’s “Love's Labor Lost,” to be presented June 8 and 9 in the garden of Alva Belmont House, National Woman's Party headquarters. The posters will be displayed next week in leading hotels and department stores. Miss Martha Laycock of Richmond, *% A—S Va, won first award in an intrae achool contest at Abbott School. Miss Peggy Kahn of this city won second award. Maurice Greet will direct the pere formance. Miss Mildred Coleman has charge of costumes. Dr. Edith Allen is in charge of properties, and Miss Mabel Duncan is chairman of music for the play. . MEETING CALLED The United Civil Service Employes Will meet at 8 p.m. Saturday in the Board of Trade office in The Star Building to discuss possible affiliation with another national group of worke ers and the future organization proe gram of civil service employ: ere's one luxury that doesn't cost HIS is not an ordinary clothing advertisement. It can't be — because it's not about ordinary clothes. A flood of exaggerated superlatives would probably make you say, “I've seen all that before”. And this would be doing Park Lane Suits a gross injustice. For we believe you've never seen anythi ng quite like them, at $35 (including 2 trousers). The simple facts about these clothes need no embroidery to make them impressive. & Park Lane woolens are twin. brothers to those employed by many custom tailors. Their wear-resisting texture is a sound investment at any price. Park Lane needlework is Rochester's finest. It is hand work — produced by master-tailors in our own Rochester workrooms. 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