Evening Star Newspaper, May 9, 1940, Page 11

Aftermath Of Ruling in Oil Cases Question of Business Co-operation With U. S. Is Raised By DAVID LAWRENCE. ‘Whether the majority members of the Supreme Court of the United States by their 5-to-2 vote in the The Capital Parade Idea That Allied Plane-Buying Program Imperils U. S. Defenses Is Ridiculed By JOSEPH ALSOP and ROBERT KINTNER. The emptiest nonsense now assaulting the ears of the public is the story that the allied plane buying program is so big as to be dangerous to our own nationai defense. The exact opposite is true. From the stand- point of American ‘interests as well as English and PFrench intorests, the plane-buying program is too small. It is too small for a simple reason. Early in the winter the excellent Allied Purchasing Mission, working in co-operation with military missions from both allied armies, prepared tentative contracts with American manufacturers. These contracts called for the delivery of at least TRouBLCr ofl cases this week realized the con- sequences of their decislon may well be doubted, but any business- man who gets a request from s governmental department to do something con- structive in conjunction with competitons in his industry will now be justified in turning a deaf ear to all such requests. David Lawrence. Perhaps hereafter the Department of State will find itself embarrassed when it asks oil producers to refrain from sending abroad gasoline for the use of Russian or Japanese air- planes. The so-called “moral em- , bargo” which has no sanction in law has been adhered to by oil producers throughout the United States on the ground that it was helpful to America’s foreign policy. But now it turns out that any uni- form action taken by American producers which indirectly or inad- vertently affects prices of commodi- ties can send those producers into the courts with the risk of jail sentences. The oil companies and their exec- utives sought just after N. R. A. days to find a way to relieve the industry of ‘“’distress” gasoline and were encouraged in its first instance by governmental officials. The Su- preme Court; through Justice Dou- glas, now says it doesn’t matter whether the purpose was benevolent or whether it was intended to affect prices. The result —the effect on prices—is what the court held to be the basic justification for court convictions. May Depress Price. The oil producers who agree here- after to withhold gasoline from ex- port to certain countries may there- by cause a glut and depress the price of gasoline. The fluctuations of price may be narrow. They may be in- consequential. - But the Supreme Court says the collaboration of any competitors on anything at all that ultimately affects prices is a violation of law no matter by whom en- couraged. Thus is American business put on notice that the Sherman law is here- after to be regarded as a straight- | Jacket. Yet in the same term of the | Supreme Court a decision is rendered which says that Government itself can do anything it pleases and no business can question its arbitrary rulings. This arose in connection with the law that empowers the Secretary of Labor to fix wage levels in “localities” where public contracts are awarded. The arburary way the word “locality” was construed by the Government caused the small steel manufacturers to take the case to court. But Justice Frankfurter exco- riates the lower court for letting the businessmen avail themselves of the right to protest. He insists that the Government’s power to do as it pleases in construing a law must not be impeded by the courts. In other words “big government’ is now going to possess powers that “big business” has always been accused of wielding. The Supreme Court majority instead of being the protector of the rights of all—businessmen as well as gov- ernmental officials—thus becomes the partisan of arbitrary minded government. ‘The New Philosophy. The present term of the Supreme Court is replete with cases which shows that the new philosophy of the majority of the Supreme Court leans strongly in the direction of upholding what has been termed “administrative absolutism.” The re- action against such un extreme point of view is setting in throughout the country. The Frankfurter decision in the streel contracts case is the best piece of ammunition that could be made available to those in Con- gress who are fighting to bring about the passage of the Walter-Logan bill. Delays before the administra- $1,000,000,000 worth of planes, and, if possible, $1,500,000,000 worth, by October, 1941. The contracts were sent to London and Paris for ap- proval, unfortunately beforg the world struggle had moved out of the siegé-warfare phase, Certain penny-pinching Eng- % lish and French leaders, reportedly captained by Chancellor of the Ex- chequer Sir John Simon, argued that the expenditures called for in the original contracts were altogether too huge. Thus contracts for only $600,000,000 worth of planes were approved. Now, after the cruel lesson of the tragedy of Norway, Anglo-French policy has been altered, and nego- tiations are on for still greater plane purchases. But meanwhile the expansion of the Amgrican aircraft industry has been unhappily delayed. Lesson of the War The cut in contracts approved means that instead of 10,000 fighting planes, the allies now have on order only 4,600. This may prove quite as tragic as the loss of South Norway, for the one great lesson of the war to date is the immense importance of air power. Yet although the timidity of allied plane buying is tragic, the actual record of American plane pro- duction is decidedly encouraging. . ‘What bemuses those viewers with alarm who are not guilty of willful misrepresentation is the difference between plane deliveries and produc- tion capacity. As yet deliveries of planes have not begun to mount greatly. In April the entire aviation industry is believed to have finished and shipped only about 300 fighting craft. But while deliveries have not begun to rise, production capacity is increasing by leaps and bounds, largely because the allies have had to finance important additions to the avia- tion factories despite the cut in contracts. So far allied orders have been chiefly given to five large manufacturers, whose plant floor space has already been extended from 5,000,000 to 8,000,000 square feet. In fact, on the basis of contracts already approved and in produc- tion, the American air industry will be turning out warplanes at the rate of a little more than 15,000 & year by December, 1940. Both Secretary of the Treasury Henry Morgenthau, jr., and Assistant Secretary of War Louis Johnson have been trying to persuade the allied buyers to spread their orders, including most of the 31 potential manufacturers rather than con- centrating on the five larggst. If their persuasions are effective, and if the new contracts are promptly concluded, it is estimated that the in- dustry’s rate of production by next December will be 30,000 planes an- nually, or nearly double the present expectation. “If the allies would give orders tomorrow for the 20,000 planes which they are certainly going to need,” said one high authority, “American production would hit the sky in a very short time.” What Really Counts Engine production is still the big bottleneck, although the greatest pessimists concede that in the two years from January, 1939, to January, 1941, even engine production will have been quadrupled. Because of doubts of the ability of manufactyrers to speed up engine production more than they have so far, the pessimists are inclined to doubt whether increased orders will have such an effect as is suggested by the more hopeful estimates above. One obvious fact remains. As vet the Army and Navy may not have obtained delivery of the planes they need. In view of the terrifying Ger- man production capacity, American capacity may still seem disappoint- ingly small. The allies may have been, indeed almost certainly were, amazingly shortsighted to cut their orders as they did. But even the reduced allied orders are financing a vital in- crease in American output, and as new allied orders come in, Ameri- 3 ! can output will continue to improve. Under the circumstances it mat- ters little that the Army has not got its authorized 5,500 planes. If the time comes when the Army really needs planes, they will be forthe coming infinitely more rapidly than they would have been without the allied orders. - And the ability to get new.planes, rather than the number of planes growing obsolete in the hangars, is what really counts. (Released by the North American Newspaper Alliance, Inc.) crul opintons of the writers on this page are their own, not necessarily The Star’s. Such opinions are presented in The Star's eflort r s, alt] themselves and By G. GOULD LINCOLN. The Garnerites—the = supporters of the Vice-President for the Demo- cratic presidential nomination— have apparently cleaned up in Texas but have lost de- cisively to the Roosevelt third- termers in Cali- fornia. The Gar- nerites won con- trol, throughout ‘Texas, of the so- called county conventions, in yesterday’s elec- tions. Through this control they will dominate the State con- vention. That means the Vice- President will G. Gould Linceln, have Texas' delegation of 46 at the Democratic National Convention. On the other hand, the third-term- ers will have California’s delegation of 44—or 42 at least, since the ticket headed by Gov. Olson was not com- Pplete. The result in the California pri- mary was expected—particularly in view of certain recent happenings. One of these was the so-called “ac- cord” reached between the third- termers and the Garnerites in Texas, whereby Mr. Garner was to have an instructed delegation to work for his nomination at the national con- vention but the Garner people an- nounced they were not engaged in a “stop Roosevelt” movement. The interpretation put on this “accord” outside of Texas was that the Gar- ner people had capitulated. threw cold water on the efforts of the Garner managers in California, of course. Next, it is reported, the support of the C. I. O. and John L. Lewis for some reason appeared to shift within a few days to the Roosevelt side. It has been apparent for a long time that any Democratic candi- date for the presidential nomination engaged in a primary election con- test against President Roosevelt had not a ghost of a show. Considering the vast powers of the President, his popularity, and the fact he has by millions of voters, this is not Mr. Garner—in every State except is pretty good evidence. Third Term Issue Not Settled. There is no doubt that the third termers are in a position to renomi- nate the President. They have per- suaded many of the Democraiic leaders in many of the States that they must have Roosevelt to win— and some of them did not , need much persuading. However, the third termers have by no means settled the third term issue—and to what extent it will operate against President Roose- velt if he is renominated. Indeed, It strange. The President’s defeat of | Texas—where the two have clashed | tive tribunals and the lower courts become more than ever necessary as a means of focussing attention on the unfairness of the governmental tribunals. For there can be no as- surance now that the Supreme Court will hold the scales even between arbitrary government and the sys- tem of free enterprise in America. ‘The only redress the citizen has left is to Congress, which now must write every law so explicitly and enume- rate its restrictions so clearly that arbitrary government will itself be checked by the action of the people’s representatives in the national Legislature. It is significant, incidentally, that in San Fransisco this week Judge Denman, appointed io the Circuit Court of Appeals by President Roose- velt and a liberal justice, has called attention to the “administrative ab- solutism” of the National Labor Re- lations Board. The whole tendency of the Su- preme Court decisions this year has been to let Government do as it pleases, but to make the citizen constantly subject to harassment by government. The Sherman anti- trust law is being interpreted now to mean that businessmen cannot venture to live with their competi- tors at all on any basis, but must engage in constant war which often means ruinous competition and un- employment,. (Reproduction Rights Reserved.) the votes cast in Democratic pri- maries against the President and 2,860 Yecr; Dead, Mummy Flies Continent B the Associated Press. SAN FRANCISCO, May 90— Mourning relatives of Harwa, who lived about 2,840 years ago in Egypt, might well have been skeptical if some one had told them his remains would some day travel through the air across a continent. ‘The Field Museum in Chicago sent the mummy to the Golden Gate Exposition. After much telegraphing, exposition officials agreed to dis- patch Harwa by air to New York for the fair opening there Saturday. RESORTS. ATLANTIC CITY, N. J. vouir SATISFIED because WE never are! ONCE you become a LaSalle owner, you’re quite sure to stay a LaSalle owner! And the reason for your lasting satisfaction is this: Every Cadillac prod- uct must be as fine as skill and science canmakeit—and Cadillac builds LaSalle. In short, you get more out of a LaSalle, because Cadillac puts more in it. A ride tells the story. Why not take it today? 81240 for the Series Fifty , de- livered at roit. Sedans start at $1280. Transportation based on rail rates, state and local taxes (if any), optional :lgnp ment, accessories—extra. Prices subject to change without notice, 1222 22nd St. N.W. 1CAPITOL CADILLAC CO. President F. D. AKERS, NAtional 3300 SEE YOUR NEAREST CADILLAC-La SALLE DEALER for Mr. Garner in most cases have been " anti-third term votes—by ‘Democrats. Mr. Garner's campaigns in Wisconsin, Illinois, etc., were based on the third term issue. Nor do the third termers know surely yet just how Postmaster General Farley—chairman of the Democratic National Committee—is going to jump finally on this issue. Fannie May most costly Fannie May Candies Always Sold From Dainty Ribbos Bas- hets. Filled With Your Own Sel Mother's B 8305 14th B8 MW, 1708 Ps, Ave. N.W. 0 give all sides of questions of interest to its hough such opinions m?/ directly opposed to Th The Political Mill Third-Termers Rely on War Situation Abroad In Move for Renomination of Roosevelt be contradictory among e Star’s. A They believe that if they can make & sufficient show of force, they will be able to convince the President he must run, and convince Mr, Farley—and even Vice President Garner—that any anti-third term efforts will be futile and injurious to Democratic chances. That 1s what they hope to do anyway. More particularly, however, do the third termers rely upon the war situation abroad to bring about the renomination of President Roose- velt and his re-election. And yet it is a difficult game to play. They are counting on the sympathies of the American people for the democracies in their war against Hitlerism—and the well-understood knowledge that the President's sympathies are all that way. At the same time they must reckon with the fact that millions of Americans are de- termined to stay out of the Eu- ropean war. Third Termers’ Thesis. What the third termers believe is that the President’s interest in the war situation will be so great that he will be unable to resist a renomination when he is told that he is needed to lead the country in & crisis—whether it be to take this country into war or to keep it at peace. It is that kind of a plea which they believe will be effective in keeping Mr. Farley in line in the final analysis. Republicans are saying little about a third term issue at this time. As long as there is no definite assurance the President will seek & third term, it would be difficult to stir up the country. But once the President becomes a candidate, the issue is likely to flare across the political horizon. It will become very real. Until it is actually be- fore the people, however, there is no way of estimating its effect. One thing seems reasonably certain, however. There would be no third term victory if there were no war in Europe. It is argued in many quarters that this country mus go to war to prevent a defeat of Britain and France—if such a defeat seems likely. If that is really the case, America is losing a lot of valuable time which {will be required to raise an army been looked upon as a Santa Claus| anq teach it to fight. Plans and ap- propriations for naval increases, and for increases in the air force, have been made. But these could be enormously speeded up. In the face of the coming national political cam- paign, the great effort on all sides is to convin~e the voters that nothing will be done to take this country into war. So preparedness may be allowed to lag until after the elec- tion in November, for another ‘he kept us out of war” appeal to the voters. A valuable six months may be lost with such tactics. Chandler Gets a Break. Senator A. B. “Happy” Chandler of Kentucky, it-now appears, will have no serious opposition for the Democratic senatorial nomination in Kentucky this summer. J. Lyter Donaldson, State commissioner of highways, who had considered enter- ing the race for the nomination, an- nounced yesterday he would not run. I never tried running without opposition before,” sald Senator Chandler when informed of Donald- son’'s decision. “But,” he added with an infectious smile, “I'm willing to try it.” In 1938 Chandler, then Gov- ernor, ran against Senator Barkley, MOTHER’S DAY IS SUNDAY, MAY 12th Remember Mother Witha Box of The Famous What finer gift for Mother than fresh, homemede andies .. . made fresh every hour of the dey right here in Washington of the purest and ingredients. Because Fennie Moy Candies are MADE FRESH Every Dey . . . they ere only "HOURS OLD” . . . not days. Choose from over 70 famous varieties. SPECIAL MOTHER'S DAY BOXES ction of Fresh Fannie May MAIL ORDERS PROMPTLY FILLED ‘All Shops Open Evenings and Sunday 'Til 10130 Fannie May Candy Shops | 1T, | 1408 N. Y. Ave. N.W. -1356 ¥ 4. MW, 1 P 81 NW. 3 Sl s = i i We, the People Farley Misses Trick by Failure to Explore Rising Trend of Women's Political Activity By JAY FRANKLIN, The inability of the old-line politiclans of the Democratic National Committee to rise above the back-room, ward-heeler level of political thought was sharply outlined by the recent Washington raily to Demo- cratic women at the Institute of Government. The institute is the creation of Mrs. Dorothy McAllister, head of the women’s division of the national committee and one of the few stanch New Dealers in that nest of Farley-for-President organiza- tion men. Mrs. McAllister expected about 500 women to attend what the committee regarded as an amus- ing but irrelevant side show. Instead, 5000 delegates turned up, from every State in the Union and two from Puerto Rico, to learn first-hand about their Government. Farm women and city women traveled at their own expense—one Ohio farmer’s wife used the money she had saved for an electric stove to pay for her trip to Washington and afterward said, “I'll gladly use a coal range the rest of my life because I know now that our Government is in safe hands—with the President and Mrs. Roosevelt.” They crowded ‘Washington’s hotel facilities for three days (May 2, 3 and 4) and had to use the Riverside Stadium for their meetings instead of the various departmental auditoriums. Trust in Roosevelt Exhibited ‘These women were addressed by seven cabinet officers—Farley, Miss Perkins, Wallace, Morgenthau, Ickes, Woodring and Jackson. They were particularly interested in the budget problem and in foreign policy, were inclined to be critical of the Labor Act, and were strong for the food- stamp plan. They left no doubt of their admiration for Mrs, Roosevelt, whom they regard as their leader, and of their trust of President Roose- velt. They were friendly but not enthusiastic toward Jim Farley and made it clear that they intended to take an gctive part in the 1940 cam- paign and to work for a New Deal candidate and program. There was little interest among them in the candidacies of Mr. Farley, Secretary Hull and Senator Wheeler, although the Indiana delegates were duly enthusiastic for Paul McNutt. In other words, Mrs. McAllister struck ofl and the result was a political “gusher” which has set Jim Farley and his “practical” politicians back on their heels. ‘The whole session afforded Mr. Farley a magnificent opportunity to explore the rising trend of feminine participation in national politics. He may not welcome it, but as a politiclan he must respect it and try to understand it. Here is where his organization laid an egg. D Too Busy on Derby Trip ‘The institute presented a serious crisis in public relations to the committee. It had s.ch vitality that it could not be laughed off or ex- plained away. Mrs. Hazel Reavis, the newly appointed publicity director for the women'’s division, was left almost single-handed to deal with tne situation, but when newspapermen bombarded the Farley end of the national committee for information, they were told that Charley Michael- son, publicity director; Eddie Rod- dan and their assistants were too busy organizing Chairman Farley's and Secretary (Chip) Robert's trip to the Kentucky Derby to be bothered. Horses don't vote, but women do, and if the race at Churchill Downs was worth Mr. Farley’s attendance, with accompanying bevies of | iron-jawed politicos, then the unexpected evidence of vitality in his women'’s division was worth a little effort by his speech-and-handout men. After all, the race was won by an outsider, Gallahadion, a 35-to-1 shot, which must be encouraging to the Farley-for-President boys, but politics is a race in which the spectators and not the runners make the decision as to winners and losers. In any case, can you imagine the well-heeled lads at G. O. P. head- | quarters shying away in distaste and bewilderment from such a turnout simply because John Hamilton and his cronies had decided to watch a bunch’f quadrupeds trying to go back to where they came from? (Released by the Consolidated News Features, Inc.) who had the backing of President Roosevelt. Barkley beat him. Later Senator M. M. Logan died and Chandler resigned his gubernatorial SRR R Y office, the Lieutenant Governor, Keen i Johnson, became Governor and ap- : Postmasters Nominated pointed Chandler to fill the Logan President Roosevelt vacancy in the Senate. Johnson in | nominated John Dabney Simpson 1939 defeated the Barkley backed | of Middleburg, Va., and Thomas N. who had been a campaign manager for Johnson, was appointed commis- sioner of highways last January. candidate for Governor, and later | Carruthers of Purcellville, Va., to was elected Governcr Donaldson,| be postmasters. COMFORTABLE WHERE IT COUNTS yesterday o o Y i B NP This Changing World Greatest Test of Conflict Is Faced By Allies By CONSTANTINE BROWN. ‘The allies are faced with the great- - est test since the outbreak of the European hostilities. According to the latest reports, template moving in all directions. It is believed responsible quarters that the Germans intend to start a cam- paign against “the Nether- ;1ands. The Naz{ government Constantine Brown. believes that the people of the Netherlands have been duly impressed by the German inva- sion of Norway and the inability of the allies to oust them from that country, Hence, Berlin says, the pro- Nazi party which had been cowed in Holland during the last few months s gaining strength in spite of the energetic measures taken by The Hague government to suppress the Nazi sympathizers. Hitler and his military and political advisers are reported to be convinced that Holland will be a pushover for the German Army although the allies are in a much better position to res- cue Holland than has been the case in_Norway, Reports from Europe further in- dicate that in order to create a di- version Germany will begin opera- tions in Southeastern Europe and that Mussolini is determined to en- ter the scene of war at the same time the Germans begin their third action in Europe. The objectives of the Italian dic- tator are unknown. A number of military observers believe that he would rather attempt to strike at the French and British power in Africa by attacking Egypt and Tun- isia from the air rather than to tackle Greece or Yugoslavia. An at- tack on Egypt would draw immedi- " ately Gen. Weygand's army to the defense of the Suez Canal while French forces in Tunisia are bound toretaliate by attacking Tripoli. This | would leave the Balkans undefended |against any operations the Ger- mans and the Russians and, even- tually the Italians, might desire to undertake in that southeastern sec- tion of Europe. In responsible quarters it is feared that a German attack against Hol- land, regardless as to how it will develop, might invite Japanese ac- uo:x u:gnlnst the Dutch East Indies any us the war might the Pacific. Shb The decision to' maintain the United States fleet in Hawaii is considerad as a clear indication as to how this government regards the international situation. Heretofore Washington was most cautidus not to offend Tokio. Re- cently the American official heart has become detenderized and the feelings of the Japanese leaders frequently have been overlooked. For the time being the mainte- nance of the fleet at Pearl Harbor is nothing but a gesture and an fm- plementation of the warnings given Tokio by Secretary Hull a few weeks ago. But, it is hoped that Tokio will realize that behind that warning lies a decision not to permit any change in the status quo of the Southern Pacific. Studio Hunts in Vain For an ‘Adolf Hitler’ i | By the Associated Press. Gentlemen, we believe that if you wear HANES Crotch- Guard Shorts for just one day, you'll experience a new underwear comfort you never dreamed was pos- sible. They're knit to fit . . . and help you fee! fit. The HANESKNIT Crotch-Guard is especially de- signed to give you gentle, athletic support without binding. An important feature is the wider crotch that doesn’t crowd and cramp. 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He is a Birtish subject. “If it was a caricature of Hitler I might consider it,” he said. Sev- eral others also have declined. Variety Show Sponsored by the Young People’s Fellowship of St. Mark’'s Church, Fairland, Md., a variety show will be held in the parish hall tomor- Everyday Law Facts In Simplified Language Compiled especially for the use of the layman, the new HOME LAW BOOK tells in simple style and non-techni- cal language what you want to know about contracts, buying property, promissory notes, wills, missing heirs and es- tates, copyright, patents, nat- uralization. Included also are tables of interest rates, ages of majority, time required to obtain marriage licenses in the several States, marriage ages, grounds for divorce and residence requirements, also a wealth of other information. You cannot afford to be with- out this useful booklet. Send 10 cents today for your copy. Postage prepaid. USE THIS COUPON. ‘The Washington Evening Star Information Bureau, Frederic J. 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