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PASS IN R[VIEW
PRESIDENT 8TIR8 NATION BY
\PROPOSAL FOR A CHANGE
JN ITS BASIC LAW.
By EDWARD W. PICKARD
Q, W~era NeW~r UnioL
pRESIDENT ROOSEVELT has creat-
ed a major issue for the campaign of
1936 and stirred up widespread debate
and controversy over a question that
the nation had thought
was settled In Its early
days. Furthermore, it
im likely he haS start-
ed the movement for
a complete re-align-
ment of politldal forces
into what will be vir-
tually two new parties.
Briefly, he proposes
that the Constitution
be changed to take
from the states and
Bainbridge give to the federal
Colby government power over
the chief social and economic ques-
tions so that the New Deal may be
saved from the doom pronounced upon
it by the Supreme court.
In the course of a two hour talk
with the Washington correspondents
the President sent up a trial balloon
on the plan he had conceived for re-
modeling the government to fit his pro-
gram, declaring that he favored cur-
tailing the sovereignty of the states
and giving the central government full
control over agriculture, industry, com-
merce and all other occupations and en-
terprises. He said this question of
amending or re-writing the Constitu-
tion must be settled bY a vote of the
people. In some ways, he said, the Su-
preme court decision was the best thing
that could have happened to the coun-
try because it clarified the issue as he
presented it. The issue must be met
by moving one way or the other, he
maid, back to the 13 states or forward
to the modern interpretation.
We are the only country in the world
which has not solved this problem, Mr.
Roosevelt said. We thought we were
solving it, but now it Is thrown right
back in our faces. We are relegated
to the "horse and buggy" interpreta-
tion of the interstate commerce clause.
That many prominent Democrats will
be alienated from their support of Mr.
Booaevelt by this pronouncement is car-
fain. Already there has been launched
a movement for those of the party who
seek "a return to constitutional gee-
eminent, to unite with the Republicans
Its leaders are
Colby, who was secretary
Wilson's cabinet.
and Chief Justice William R. Pattan-
gall of the Massachusetts Supreme
court.
/dr. Colby has written to a number
of Democratic leaders of national re-
~p~te proposing they meet In a south-
city, preferably Richmond, "to con-
sider some form of political action that
lm for our country and above party."
In a letter to a friend in Washington
it was revealed that Chief Justice Pat-
~all had decided to resign in order
tO Join With other Jeffersonian Damn-
crate to brlng about a coalition with
~blicans and the restoration of
"constitutional government" to replace
the New Deal.
~Telther of these gentlemen hopes to
meat.
• Of Democratic senators a number,
~ Smith of South Carolina, @onnolly
Of Tens, Clark of Missouri and King
Ot Utah. frankly expressed their oP-
to the President's views. Orb-
rather mild approval
The conservative
of course were outspoke~
of the abrog~on
and the more radical
v were divided. Sen-
voiced the opinion
0therl when he said:
of power, absolute
to deal with all national prob-
need a constitutional
r so much as we need
in accordance
the Constitution. You can't draw
L on great subjects of this nature
yOU would draw a resolution for a
Let it be uderstood
which the Su-
has placed on the inter-
state commerce clause gives ample and
and plenary tSower to deal
of national concern."
said in Washington that the
and his advisers had de-
in reforming the
it
according to
the StorY, congress will be urged to
to reinstate
r voluntary co.pars-
men, and, to treat the
goods produced in other
labor standards below its
wm be invited to
recovery' t~ws and the
assume the
east serious doUbt upon the
much New Deal
NRA, notab~ the
meat act, the securities aCt and
securities and exchange act.
OFFICIALS of the United Mine
Workers of America gave notice
that approximately 4~0,000 miners in
the soft coal fields would go on strike
unless new wage contracts were
signed before June 16. The members
of the union were warned there must
be no violations of the law nor any
disturbances of the public peace dur-
ing the strike. The entire soft coal
fields of the United States is included,
but not Canada.
A committee of the producers was
trying to bring about a revision of the
Guffey coal stabilization bill, hoping
this would prove a satisfactory substi-
tute for the NRA coal code and would
avert the threatened strike.
THERE was great rejoicing in Ra-
cine, Wig. ~hen the strike at the
J. L Case company plants was called
off after lasting 80 days. The em-
ployees accepted the compromise of-
far of the company, whose payroll has
been the largest in the city. In gen-
eral the demands of the strikers were
not reel though the company agreed
to certain raises in piece and day
wages. It promised to re-employ the
men without discrimination as busi-
ness conditions warrant.
ACTING with surprising suddenness,
the senate passed the Copeland-
TugWell food, drug and cosmetic bill,
which had been modified to meet the
objections of Senators Clark, Bailey
and Vandenberg. Doctor @opeland said
he beUeved it would get through the
house without difficulty. President
Roosevelt favors the measure.
The bill greatly increases the scope
of the 1906 food and drug act, in the
definitions of adulterated or misbrand-
ed articles, and provides penalties of s
year in Jail or a $1,000 fine for viola-
tiens.
ONE immediate result of the Su-
preme court's NRA decision was
the dismissal of 411 cases involving
NIRAL invalidated by the ruling. This
action was taken by
Attorney General Cum-
mings with the approv-
al of the President.
"All of these cases
related to the enforce-
ment of code or sLm.
liar requirements, vio-
lations of fair trade
practices on the part!
of Individual business
or failure to live up
to minimum ,smge~
C. C. Davis hour standards,"
official statement said. "There are, of
course, a large nomber of additional
cases In every state In which actual
court action has not yet been initiated.
These also, because of the Schechter
case decision, must necessarily be
dropped."
Chester C. Davis, AAA administra-
tor, in reply to inquiries concerning
future plans as to maintenance of
marketing agreements and li~mBes,
sent out the following telegram:
'~rhe Agricultural Adjustment at~
ministration has no thought of aban,
donlng either its present program of
marketing agreements for fruits and
vegetables or its milk.marketing plans.
On the contrary, we are now working
with congressional leaders on amend-
ments designed to strengthen these
marketing agreements and milk plans."
LITTLE George Weyerhaeuser, nine-
year-old lumber fortune heir
who was kidnaped from Tacoma, is
safe at home. but the '~gnatehers~ who
held him captive for a week got away
with $200,000 ransom money paid by
the lad's family. They fled In a fasl
automobile, and at this writing are
still at large, though pursued closely
by an army of government agents and
other officers. At last reports they
were in the bad lands of Oregon.
FLOODS and tornadoes wrought
havoc in Nebraska, Colorado, Wyo.
ming, Texas and Kansas--a region
that only recently was afflicted by
drouth and dust storn~ It was
thought as many as 250 lives were lost,
and great numbers of families were
rendered homeless. The worst flood
area was In southern Nebrnaka, where
the Republican river was swollen into
a raging torrent. Several entire vil-
lages were swept away, and utility
plants and transportation lines were
all washed out.
Q UETTA, "garden city" of north-
west India, and all the surround-
Ing region were shattered by a series
of earthquakes. The dead were es-
timated roughly at 30,000, but the ex-
act number never will be known. The
city and many villages were laid In
ruins, and fire and flood swelled the
toll of the killed and injured. The
barracks of the royal air force at
Quetta were demolished and more than
fiffy members of the ~trrison were
killed. The cl~'s police forco was el-
, most wiped out. While most of the
victims of the disaster were natives,
there were many English men and
women among them.
B ABE RUTH is out of baseball. The
most sensational figure in the na-
tional sport during many years an-
THE BEACH REVIEW
0
Washington.--What of the future1
Where are we going now that one of
the keystones of the
W~af to /Be New Deal~the ~a~
Done Now? tionul l~ecovery ad-
ministration -- h a s
been largely outlawed?
The national capital never has wit-
nessed such confusion, even in the
midst of the World war, as has pre-
vailed here since the Supreme court
of the United States had its final say
as to the consUtutionaiity of the NRA
and Frazler-Lemke farm mortgage
moratorium law. The lack of constitu-
tional authority for the Frazier-Lemke
law was recognized by many but until
the highest court in the land had
spoken concerning NRA, views were
divided and the Blue Eagle continued
to fly, albeit in a lower circle.
New Dealers generally were con-
fident to the last. They appeared to
expect some unseen force to guide the
Supreme court in upholding the fan-
tastic program which they had devised
and which the President made a part
of his New Deal plans for economic
recovery. The adverse ruling made
them sick at the stomach. Most of
them have not yet recovered. Hence,
confusion continues to reign.
You have heard much discussion in
the past two weeks as to how the
breath of life may again be breathed
into the Blue Eagle. As far as I have
been able to gather from authoritative
quarters in Washington, there is noth-
Ing left to do but perform the funeral
ceremonies for the Ill-fated bird and
the so-called national plan which it
represented. The reports of Presi-
dential conferences, of meetings of
statesmen and executives of the Ad-
ministration, of this plan and that plan
and statements and expressions of
opinion respecting the future ~c0Urse.
mean absolutely nothing. When tlm
Supreme court sald that the congress
had unlawfully delegated to the Presi.
dent power to draft codes of fair prac-
tice and enforce them upon private
business, it took away the heart and
nerve centers of the NBA structure.
On top of this body blow, the NRA
principle is looked upon in many
quarters, and by men who know and
understand the problems of govern-
meat, as being thoroughly discredited
in the public mind. It is not too much
to say that when a national law does
not hold the confidence of the bulk
of the people Its usefulness has eeased~
So it was with the prohibition amend-
meat. Equally, I believe it can be
stated, if opinion of statesmen of long
training can be trusted, no attempts
to revise the NRA will get to first
base. Even the Brain Trust movement
to obtain amendment of the Federal
Constitution making such laws as NRA
proper can win country-wide support.
* $
Enough Indications already have be-
come visible to warrant a statement
that the summer
More ~ope months will see ehis-
?or Future eling, price cutting
and other nefarious
and improper business practi~ going
on and that these will be disastrous
to countless business interests. The
congress will strive in a half-hearted
fashion to offset the loss of strength
and prestige suffered by the New Deal
at the hands of the Supreme court.
But the effort plainly will be only half-
hearted. So It is made to appear that
the country mast submit for several
months at least to a bad condition.
After that. if the opinions of experi-
enced men are worth while, there ought
to be a eubstautial cha~ge for the bet-
ter. Careful surveys, close examina-
tions of the problems at hand and
candid thinking has brought to un-
biased observers the conclusion that
there is more hope for the future now
as regards the economic situation than
there was while the Blue Eagle con-
tinued to soar and ballyhoo artists
continued to preach about its powers
to restore prosperity. I believe this
statement which is the consensus
ought to be tempered with one sugges-
tion. There is likely to be a restora-
tion of confidence generally If the Ad-
ministration turns aside from Brain
Trust theories and employs the prac-
tical instead of the theoretical method
of government.
s $ $
To the agricultural community the
decision invalidating the Frazier-
Lemke mortgage
Juet an moratorium law prob-
ld~e Dream ably has greater in-
terest. It should not
be so. The Frazier-Lemke law from
the first was an Idle dream and was
predicated upon shortsighted under-
standings of basic economic laws. Ev-
erywhere I have inquired concerning
the probable end" or result of the work-
ings of that statute, informed persons
declared it meant eventual destruction
of credit for agriculture.
Supporters of the Frazier-Lemke
idea cannot lean, as do supporters of
the NRA principle, npon an accusation
that the law was badly administered.
It was administered, according to the
Administration, in the
Yet be-
'~My own guess
resentative Lemke. both of North Da
kern, "was designed to give purei]
temporary aid to distressed owners o~
mortgage farm lands. The thing~
which apparently neither of the co.
authors foresaw waS the effect the
temporary arrangement would have as
to the future. By this I mean that,
for example, if a farmer wants to buy
a home and had only a small amount
of cash, he must borrow money from
someone else. If the holder of that
money were made to feel that at any
time during the llfe of that mortgage
congress could pass a law telling the
lender he could not force payment of
the debt few there would be who would
be willing to lend their money. It is
not human nature to lend money un-
less there Is a reasonable assurance
that it will be repaid,
Thus, it seems to me the Frazier-
Lemke law contained elements of
danger that were overlooked in the
etress of depressed conditions. As
laws now stand, lenders of capital will
have some assurance that the security
they take will continue to be security
and that the individual who borrows,
whether he be the owner of a farm or
the owner of a business In town, either
will broke payments on the principal
or surrender the property.
#/ $ $
Perhaps the worst blow dealt Pres-
ident Roosevelt personally was the Su-
preme court decision
T~e Worst which held that the
B~ow Presidential power
did not extend to re-
moval of a Federal Trade Commission
member except for the reasons pre-
scribed in the law itself. It will be re-
membered that Mr. Roosevelt forcibly
ousted the late William E. Humphrey
from commission membership because,
it was openly stated at the time, Mr.
Humphrey was a cons~vative repub-
lican and he, therefore, did not see eye
to eye with the President and his New
Deal plans. Mr, Humphrey sued the
government for the salary for his term.
After his death his executors carried
on the litigation which has Just now
been decided in their favor.
R is the principle involved here that
is important. The Federal Trade Com-
mission was set up as a quasi-Judicial
body, one endowed with powers to reg-
ulate against improper business prac-
tices and to determine the propriety
of general business dealings where
those dealings affected country-Wide
business or the interests of the publl~
It takes no stretch of the imagina-
tion to see how Presidential interfer-
ence with the commission personnel
would result in changes of commission
policy. One business practice might
be held proper by a commission whose
majority was conservative while that
same practice would be considered Il-
legal by a commission dominated by a
liberal or radical membershiP. It be-
comes obvious then that if the Presi-
dent were permitted to disturb the
personnel of the commission, especially
Judges, there could be no continuity
of policy and business itself would
hardly know from day to day when it
was abiding by the law or when it was
not.
$ $ $
Several months ago, I recall, I re-
ported to you In these columns some-
thing in the nature
AAA Comes of a prediction that
Ne, xt the Supreme court
would become better
known to the general public before the
current Administration ,had ended than
it had been known since it rendered
the famous Dred Scott decision in civil
war days. It was a perfectly obvious
circumstance. Sooner or later the
questions of a constitutional nature in-
volved in the New Deal procedure ob-
viously were going to be tested in
court.
Now, I feel warranted in reporting
that the highest court again will be
in the public eye. The next momen-
tous decision likely to come from the
bench of the nine austere Justices will
be a ruling affecting the Agricultural
Adjustment Administration and there-
fore of vital import to the American
farmer. There will be other cases in-
relying New Deal plans, of course, but
their importance cannot possibly be as
great as any decision affecting the
AAA, because it is an integral part of
the New Deal program for recovery.
There Is no possibility of s ruling on
any AAA questions before next Oc-
tober. No test cases have yet reached
the Supreme court for argument but
there are half a dozen wending their
slow way through minor courts. Con-
sideration by the Supreme court even-
tualiy is, of course, certain because
they involve constitutional questions.
Notwithstanding the fact that a Su-
preme court decision on the AAA is con-
siderably distant, it is to be noted that
after the NRA was outlawed, there
was considerable scurrying around
among AAA officials. Fresh considera-
tion was given to many points of law
over whlch there Is doubt. Amend-
meats which the AAA have asked
congress to enact to strengthen the
original Adjustment Act were suddenly
withdrawn from t~e senate floor by
those who sponsored them. The reason
given was that there were imperfections
which ~hould be corrected. The real
• ~n for the action was fear ef sud-
over the
THIS WEEK
Humpty.Dumpty NRA
Many Damocles Swords
Biggest and Fastest
Gangster Ingenuity
Refusing to admit the resemblance
between NBA and Humpty-Dumpty,
that "all the king's
horses and all the
king's men" could
not put together
again, Washlngtou
will gather up the
pieces of NRA and
try to reconstruct
"something as
good." The process
may remind recon-
structors of the
boy who took his
watch apart, put it
together and proud-
ly said to his
friends. "Not only
Arthur Brisbmme have I put It to-
gether, but I have quite a number
of pieces left over that I do not
need."
The Weyerhaeuser kidnapers, how-
ever "hard-boiled" they may be, must
feel nervous when• they hand out one
of the $200,000 ransom bills, knowing
that the number and series of every
bill are iu the possession of govern-
ment detectives.
It will not make spending the money
more. agreeable to learn that thirty
"G-men" from the attorney general's
office will devote their entire time to
hunting for those bills and tracing the
spenders of themeS200,000 worth of
Damocles swords.
The giant French ship Normandie is
here and pleasing to Americans who
like superlatives. She Is the biggest
liner ever launched, the longest, broad-
esL heaviest, costliest. And, crossing
in 4 days 11 hours 42 minutes, she is
the fastest. She is built, not for profit,
but for glory and to advertise French
supremacy.
England will soon send her Queen
Mary after the Normandie's record
and, doubtless, Mussolini will soon
enter the race.
Uncle Sam? Well. he is busy with
other things, very busy, Just now.
In the line of viciousness, modern
gangsters show Ingenulty. Police give
these details of the death of Danny
Walsh, head of a bootleg-rum syndi-
cate who was kidnaped, ransomed for
$40,000, later murdered. Enemies took
him to sea in a boat, made him sit
wlth his feet In a tub of wet cement,
end watch while It hardened. He was
then thrown overboard with the tub
of cement hard around his feet. Sev-
eral times, while he watched the
cement harden, it must have occurred
to Danny Welsh that a criminal ca-
reer is not profitable.
To say, "Man is half tiger and half
monkey" is sometimes unjust to the
monkey. At High Point, N. C., J. R.
Riggs, mlddle-aged, operating a filling
station, was found, with tenpenny nails
driven through each ha~d and each
fool fastened to a rough wooden
cross. The man, having been nailed
to the cross only for a short time, will
probably live. Rlggs admitted he had
engineered the cruclfixlon to regain
his wife's affection.
Sometimes gangsters show signs of
intelligence. Volney Davis, arrested
in Chicago in connection with the
Bremer kidnaping, was "flown" to St.
Paul, and, arriving there, confessed
complicity in the kidnaping, saying to
the Judges: "I knew I could not get
away from the 'G-men.''
Land ownership is the best founda-
tion of prosperity and security, under
Just government.
Those seeking to establish refugees
from Germany in Palestine decide.
wisely, to begin with land ownership.
A fund expected to exceed $5,000,000
ia being raised for that purpose.
The ground under your feet cannot
run away, cannot be stolen.
King George, seventy years old, cel-
ebrated his birthday reviewing troops,
wearing the uniform of colonel-in-chief
of the Irish Guards. He rode to Buck.
ingham palace on horseback, all four
of his sons riding with him. while thou-
sands cheered. Recently the queen
celebrated her sixty-eighth birthday.
It is desirable that the husband be
a little eider than the wife. Tha~
gives him an excuse for compla}ning.
He can always say, "Walt until you
are as old as I am and you will un-
derstand."
A Brooklyn glrl, ten years old, paid
$1 for a sweepstakes ticket, won $30,.
000. It will cost other little girls and
btg men and women many dollars for
every dollar accidentally won.
Uncle Sam is presumed to get his
share of the winnings in income tax.
He and his country would be richer
if he could find a way to prevent the
gambling invasion.
The United States has important
work to do outside of NRA and its
revision, work with which the Su.
preme court would not Interfere, and
that is the control of floods, protection
of population against them. Two hun-
dred and fifty are reported killed in
southwesteru Nebruka. fullowlng flood
and torna~.
BEVERLY HILLS.~Well all I
is Just what I read in the papers
what I see here and there~
weeks ago we
up on the
mento River
ing
a fine time.
are great folks
around there.
they are nice
everywhere.
Legislature was
session, and
had Just
their 100
all they are
and it was
tough on the old boys at that, to
there and not get paid, so from
all they got was cussing. Before,
got paid and cussing combined,
they eliminated the pay.
Well sir I had a happy
knew he was up there
dtdent know just where, as I hear
him every little while, but I
seen him in years, that was Buck
gee. Buck McKee was the
used to work with me in a
act and rode the horse, or little
pony rather, Teddy. He trained in
pony for the stage. He wasent any
pony, he Just worked on a smooth
stage, with felt bottom boots
on his feet like goloshes, and run
my fancy roping catches. But
trained him to do on a slick
about what a good turning
do on the ground.
We started the act in the
I~05, Just exactly 30 years to a
from when I met Buck up in
mento. He was with me for I
was four or five years. We
trips to Europe togeather. We
over Just one year after I had
on the stage. That was in the
1906. We went to the Winter
Theatre in Berlin, that was the
Vaudeville TheatN of all
played there a month. The act
quite a novelty, as it was the
to ever use a running horse to be I
seed at on the stage. Buck was,
a great fellow, very efficient.
do almost anything and the best
is that everybody liked him. I
meet an old time actor that
play with in vaudeville that do~¢
about. "Where is that fellow Buck
Kee that was with you so long
to ride Teddy?"
Well he is at Roseville, Cal., a
tlful little town about 20 miles
Sacramento toward Rend, Nay.
Is handling horses, the thing he,
best in the world. He runs a
academy about two miles out of
at the "Whipple Ranch," has
15 years. Everybody knows
him as usual. His wife Maudy
him. She was a dancer in a
act that we played on the bill
They fell in love an~
she has developed into a
horsewoman, and they are
teachers and they have learned
young and old people both to
ride correctly, and above all theY
so good to their horses, lots
and real love for a
ing in some lovely young
lng gaited horses out of them. He
fine thoroughbred stallion, and
lug a few young ones
good to see era.
We come back from Berlin
and played the Palace Theatre
then we went back to London in
We played in that very
the hot summer of 1907 on
called the Sullivan and
cuit. J. C. Nugent
playwright, with all his
was on the blil and Billy
our hang OUL H~ is now the
of the big and fine Senator
Sacramento. We Just stood
at each other that day. Buck and ]
thirty yeexs ago we had steppe~
stage togeather, only he was
back. He always ,said. "I can
if anything happens, but the
can ~et you." Those were
(but darn it any old
days. Even the tough
are over. you can look back 0~
great memorys).
I was married too in 1908.
times the salary wasent any
ship Buck and his wife and
my wife and self, to
the next town. In
fact I think Buck
rode some of the
short Jumps. It was
great fun. not a wor-
ry. I regret the loss
• of vaudeville more
than any part of it.
It was the greatest
form of entertain-
ment ever con-
ceivad. Nothing in
the world ever give
the satisfaction of a
good vaudeville show. We
proud to be playing in it. It
those days. Buck looks fine,
and of course I am Just
babe iu arms yet. BUt lJuet
old friends and old timers
to know about Buck.
catch him. Speaking
bet he has
more times than
He did look great
much so I must