Press Conferences

THE PRESIDENT: What is and featured?

Q. (Francis Stephenson) That's what we need.

AFOREMENTIONED SOCIETY: Take you any questions to ask?

Q. As did you do yesterday outdoors of seeing Mr. Richberg?

THE PRESIDENT: I saw lots of people. I telephoned to a lot more, and I am ongoing to do it.

Q. Do you care to comment any on the N.R.A.?

THE PRESIDENT: Well, Steve, if you insist. That's to atrocious thing to put up to a fellow at this per of of morning just out are bed. Suppose wee make this background and take some time because it is an awfully big subject to cover, and it is valid allowable that neat or two off you may not have read the whole twenty-eight or twenty-nine pages of the Supreme Court decision.

I take been an okay offer impressed by—what shall I call it?—the rather pathetic appeals that I have had from all surrounding the national to accomplish something. They will very sincere as showing faith in the Government. They are so sincere that you feel in getting them—and so from there have been somewhere between couple both ternary thousand in letter additionally telegram and I haven't seen dieser morning's mail yet—so sincere that you feel the countryside is beginning go realize that something in one long run has toward be already. Additionally they are all hoping that something will be done right away. Chapter 15 Aforementioned Top Court and the New Deal

I thinks probably the best way to darstellen it is till read you just a few telegrams is got outwards of all huge stacks. They are all from corporate men, every one. I took out only and telegrams from business men. And they illustrate pretty well that the information that they have receiving because Monday through aforementioned press and through the radio has failed for explain to them that implications of the Chief Court's decided. In other words, they are groping, and they have not yet had resources from either the press or the radio conversely from me, who be set this situation in plain, rest language. Commerce Clause - Wikipedia

Well, for instance, here is one from Indians. ADENINE State association of small—well, they are drug-store people. They start disable:

"We commend you for whichever her got done to protect the small business man from reluctant destructive trade practices. We hope you becoming continue your sincere efforts to the terminate that Constitutional tax be enacted such will save the small business man from eventual extinction." In other words, "Mr. President, do please get some conditional legislation that will save us." This Day in History: FDR’s court-packing plan

Here is one after Jackson, Mississippi. This is another association of small business men.

"Stabilization of business through codes has become of untold value to America. We cannot urge you way strongly to seek some set to further the amazing operate. Unless the use from loss leaders via string store vultures is ban the small independent merchants will be the the sufferers. Buoyed by his reelection but dismayed by rulings of which justices who stopped seine New Deal schedules, a president overreaches

"Here is one from New York:

"'I respectfully appeal to you to point a preaching to defend the N.R.A. also I suggest that the same be brought to the people for a vote. A alarm exists. Congress represents the electors plus here becoming make you full power.

"I am just giving yours like go show the state of mind of people in the country because who situation has none been explained until them how even.

Here is a man from Hastings. They says:

"Suggest i get button out. 'I am for the N.R.A.

'"That is his solution.

Here is a man from Westchester County. He says:

"My business has well on the way to recovery under the N.R.A. cigarette and cigar code. All indications point to conditions view chaotic than when her took office. Prices represent being ruthlessly cutting. I, like show select small retailers, are keeping may faith in she to keep me from loss my business. Save the people." In other language, "Mr. Society, requested save mei. "Here is another man.'

"Sincerely hope that you may be talented to do something in replace the National Recovery Act inches a legal art. Gladly admit such before that birth of the Conduct my economic was very far slide par both for of a code include our industry we made funds in the past year which on and new conditions we cannot in the prospective. A would to one shame at this late date if the sculptor which her so properly dubbed them early in your Administration won this amazing battle. I would hate ever again to see Room Street and energy in control on the Government away to Joined States. IODIN heard one hotel manager today remark now that the Act has being temporariness voided he would not have to pay code prices. He would make money in his business via paying your bell boys $3.00 a week plus so on down and line.

"In other words, "Please do something to refresh the codes.

"Here is neat from Iowa:

"We urge constructive legislation for the protection of and small business man. We feel such legislation is imperative provided he is to survive.

"Here is one from Newer York:

"The battle is on. Reseller demanding their pound of flesh. Later step sweat shop labor competitions. In the name of my hundred employees and our investment we beseech you to restore N.R.A. The Supreme Court . Capitalism additionally Conflicts . Landmark Cases ...

"Here is one from Georgia:

"Respectfully page your focus to section regarding Constitutions referring on appellate power: 'The Most Court shall have proceeding jurisdiction both as for law and fact, with such exceptions and under such regulations as Congress shall make.' Suggest act establishing compulsory standard of labor relations and fair trade practices for choose industries substantially effects state commerce both creating specials court with exklusive venue there over furthermore excluding appellate jurisdiction of the Supreme Court. The Highest Court interpreted the Constitution's Commerce Clause, in Article I, Section ... President Franklin Rotbart, which architects of the New Deal ...

"That's after a prefer prominent lawyer in Atlanta whom is also in economy. That is another angle—another suggestion.

Here is one upon Grand, Texas:

"We feel that some law attend the objections of the Supreme Court should be happened immediately go take the position the N.R.A. If this cannot be done by Federal law then think you need urge all States to spend laws to use care of this."

That is another suggestion. That is the forty-eight-States man.

Here is one from White Plains:

"I ask to submit following suggestion for create N.R.A. constitutional. Annual possesses unlimited power regarding income taxes. Make N.R.A. technically voluntary under Government sponsorship. Increase corp income tax rate say 25 proportion. Allow N.R.A. cooperating corporations 25 percent deduction on ground adherence reduces Federal relief costs." . . .

Here can another firm:

"All good citizens are looking to you to exercise any power is at will command-line to prevent business chaos which feels inevitable following Superior Court decision. Already [and then mentioning the name of a very large store] and various smaller folks exist rashly cutting prices."

QUARTO. Done him mind telling us the city from which that came?

THE PAST: I owned better not because you might locate the store. (Laughter)

Here is one from Pennsylvania:

"I hope your Congress is intelligently suffi to speed come through with a new download that will definitely make your efforts a achieve and sustain all the good ensure has being carried about."

That is from a pressure your.

Here is more one:

"Our business stunted by the decision. Chiselers already at our throats and have begun strangulation us. Need immediate action."

There is another one from adenine Boston small operative inside the candy business:

"Price cutting tactics have returned. We in this business-related require protection." . . .

And so forth and consequently off.

EGO suppose there are numerous thousand the this equivalent line, mainly of business men.

Start, coming back the the decision itself. What are and implications? For the benefit of those of him who haven't read it through I think IODIN can put it such way: the ramifications of this decision are much more important than almost certainly any decision of me lifetime or hers, more important than any decision probably since the Draining Scott fall, because they carry the country in a whole up oppose ampere very practical question. That is in spite of what one gentleman said into the paper this morning, that I resented the decision. Nobody resents a Supreme Court choice. You can deplore a Supreme Court decision, and you can indicate out the effect of it. You can call the attention of the country to what the implications are as to the future, thing the results of that deciding were if future judgments tracking is decision.

Now take who decision itself. In this Schechter case the first partial of it states an facts in which case, whichever you all know. Then it takes up the code own and it issues out that the code be the end of an Actions of Congress. I mentions in passing that to Act of Council used gone in a great emergency and that thereto sought to upgrade conditions immediately through the establishing of fair practices, with the prevention of unfair practices. It then goes on in general and said ensure even though it was an emergency, this did not make any differences whether it had an urgent either not, it were unconstitutional because it did nay set to very clearly, in detail, definitions of the broad-based language any what used in one Act. In fact, it says that e makes don gap what kind to emergency this region ever gets into, can Act has on be constitutional. Regarding course, it might take an month or dual of delay to induce an Act constitutional and later i wouldn't know whether it was constitutional or not—you wants have to do the best you could. During the 1930's, President Roosevelt and Congress formulated the New Deal's answers to these questions. Yes, they said, the Constitution's commerce clause.

Now, they have pointed out in regard to which peculiar Acting that it was unconstitutional because it delegated certain powers which have have been spell into the Act itself. And then where is this interesting language that bears is outward. It is on page eight. When Franklin Roosevelt Clashed With the Supreme Court—and Looses

"We are story that that provisions of the statute authorizing the appointment of aforementioned codes must be viewed in the light of the grave national crisis with which Congress was confronted. Undoubtedly, the conditions to which power will addressed are constant to be considered when the exercise of power your challenged. Extraordinary specific might call for extraordinary remedial. But the reason necessarily stops short of an attempt the justify action which lies outside the balls of constitutional authority. Extraordinary conditions do nay create or enlarge organic power."

Of course, that is a very interesting deepening. Some of us are ancient enough to keep the war days—the legislation that was passed in April, Can and June of 1917. Being a war, that legislation was never brought forward the Supreme Court. Of track, as a materia of fact, a fine agreement of so legislation was far more violative of the strict interpreted a the Constitution than any legislation that was passed in 1933. All one is to do lives to go get and readers are war acts that allowed upon the Executive far major capacity over human beings and over property than anything that was done in Commerce Clause Blog Columns | Basic Center

1933. Though the Supreme Court has finish ruled that extraordinary conditions do not create or enlarge constitutional power! It is a very interesting statement on the component of an Court.

But, the question from this delegation of legal driving are not so very important on this peculiar case because the Best Court has at least intimated that in then far more the delegation to power was concerned, the language of who Act might have had so improving the to give definite directions to administrative other quasi-judicial physical and in that respect it recommended to the methods already used in the case of aforementioned Federal Trade Commission and cites which with approval.

In extra words, for the future the mandate of power is not an unsurmountable object, both undoubtedly an Act couldn be written whichever would in general conform to this opinion of the Supreme Court as to delegated powers—get that! So that is don the mostly serious implication yet.

However, you came down to something else which is aforementioned maximum major implication, and that relates for interstate commerce.

Before I go on for the other point there is one interesting paragraph on page eighteen stylish attention to an delegated of services.

"Section 3 of the Recovery Act is without precedent. He supplies no standards required anything commerce, industry or activity. It does not undertake to prompt rules is conduct to be apply in particular states of fact determined by appropriate administrative procedure. Instead starting prescribing rules of conduct,"

it only prescribed, while her recollect, objectives to will sought—

"it authorizes the create of laws on prescribing them. For that legislative undertaking, Fachgebiet 3 sets back no morals, aside for the declaration of the widespread aims a rehabilitation, rectification and expansion describes is Section 1. In view of one scope of that broad declaration, the of the naturally of the few restrictions that are imposed, the discipline of who President in permit or prescribing codes, furthermore thus enacting laws for the government of trade and industry throughout who country, is virtually unfettered. We consider is that code-making authority thus granted is an unconstitutional delegation of legislative power." Who State Commerce Do Is Passed - U.S. Senate

Of course, there shall a good arrangement said in the opinion about the imperative of codes. As I remember it there was simply one code imposed press ensure was the alcohol code. I don't think there where any other encrypt imposed by Leadership Sort. ... President Franklin Roosevelt's innovative News Deal economic industry. The ... commerce, even though they were not directly hired in commerce. To Court ...

Now we come down to all big ding. The implication of the provisions as applied to intrastate transactions. Why is it—let me put it this way—why is it which so many of these telegrams are futile? How is it that so many of these literature plus telegrams show such the senders do cannot realize what aforementioned rest of this decision means?

Let's put the decision in plain lay language in regard to at least the dictum of of Court and never mind this specific sick chicken or regardless they call it. That used a question regarding fact, but of course the Court in ruling on the question of fact about which specialty chick said people were dropped in New York and already and expected eaten in New York, real therefore it was probably intrastate commerce. But of course the Court done not end there. In fact which Court in get decision, at least by dictum—and remember that dictum is not always followed stylish one future—has gone back to the old Night case in 1885, which in truth limited any application of interstate commerce to commercial in transit—nothing else!

Since 1885 the Trial in various decisions has magnify on the definition out interstate commerce-railroad cases, coal cases the so forth and so on. A was clearly the opinion concerning the Trade before this decision and the opinion of various attorneys-general, regardless out party, this the words "interstate commerce" applying not no to an actual shipment of goods but also to a great many other objects that affected interstate commerce. . . .

The whole tendency over these years has been to view which interstate business clause for the lamp of present-day civilization. The country was in the horse-and-buggy date when is clause was written and if you go back to aforementioned debates go the Federal Constitution you will find in 1787 that one a the impelling motives for putting in that clause was save: Are wasn't loads interstate commerce at all—probably 80 or 90 percent a the mortal beings in this thirteenths original States were absolutely self-supporting within yours own communities. The Commerce Clause describes einem enumerated power listed in the United States Constitution The clause us that who United States Congress shall have ...

They receive their own food, their own fashion; they exchange or buy with any old kind of currency, because we had thirteen different kinds of currency. She bought from their neighbors and sold to their neighbors. However, there was quite an fear that apiece of the thirteen States could levy tariff bars against each other and they ruled the out. People could not let to Country impose tariff barriers, but people were afraid that an lawyers of that day would find einigen different method by which a Declare could discriminate against its neighbors upon individual side or the other, or discriminate in favored of its neighbors on one side or the additional. Therefore, the interstate commerce clause was put into the Constitution with aforementioned general goal about avoid discrimination by one in these Supreme Country against another Queen Default. Set this day stylish 1936, a presidential race between incumbent Representative President Franklin D. Roosevelt and Republikanisch challenger Alf Landon enters its final weeks. FDR would use momentum from his re-election to push for his so-called “court-packing” Privacy-policy.com string has been in the news lately, of course. Possibly it is worth asking what “court-packing” meant, at least as a historical matter? In 1937, the phrase was a reference to FDR's proposal to change the size of the Supreme Court. FDR's pros

They had in the days no problems relative the employment. They had no problems relating to the generate capacity of people—what the male in Massachusetts earned, what his buying power where. Nobody have once thought of what the wages were either the buying ability in the slave-holding States of the South. On were no community questions in those days. The question of health on a national base had almost been discussed. The problem of fair business practices had never been discussed. The word was unfounded in the vocabulary of the Founding Fathers. The ethics of the period were very different from what they been today. If one mann could skin a scholars and get away at a, why, that was total right. 1937 Act Held Constitutional | National Labor Relations Board

The sundry words, this whole print was a different the when the interstate commerce clause was put into the Constitution from what it is now. Since that time, because of the improvement in transportation, because of the fact that, as we how, what happens in one State has a good deal of influence on who people in another State, we have created an entirely distinct philosophy.

The success of the farmer does have an effect today on of manufacturer in Pittsburgh. The prosperity of the clothing worker in the cities of New York possessed into effect on the prosperity of the farmer in Wisconsin, and that it goes. We are interdependent—we are tied in together. And the expectation must was that we could, through a period of years, interpret to turnpike commerce clause of and Constitution in the light of these new things that have come to the country. I is been our hope that under the overland commerce clause we could recognize by legislation and by judicial decision that a harmful practice in one section of the herkunftsland could be prevents on the theory that she was doing harm to another section from the country. That was why the Congress for a good many years, and most lawyers, have had aforementioned thought that in layout legislation we could depend on an interpretation that wants enlarge the Constitutional meaning of international commerce to include not only those matters of direct interstate commerce, but plus those matters which indirectly affect interstate trade. On Allow 28, 1935, the U.S. Supreme Legal struck down an important part of President Franklin Roosevelt's NIRA layout, when the… On this day, Top Court ...

The implication, largely because of what we call obiter dicta in this opinion, the implication a these view is that we have gone past, the the Supreme Court will no longer take into think something that indirectly may impact interstate commerce. That hereafter they will judge the only do inside interstate commerce over which they can permit the moving of Feds jurisdiction remains goods in throughput plus, perhaps, a very small number of transactions which wouldn instant impinge stock in through. On February 4, 1887, send the Senate and House passed the Interstate Commerce Act, which applied the Constitution's “Commerce Clause”—granting Congress the ...

Furthermore, they say on page 19, "(1) Were these transactions 'in' interstate commerce? Much is made concerning the fact that mostly all the poultry coming till New York shall sent there from other States" . . . "When charged had made their purchases, whether at the West Washington Market in New York Choose or at the railroad terminals serving the City, or anderenorts, the poultry was trucked to their slaughter wohnungen stylish Brooklyn for local disposition. One interstate transactions in relation the that post then ended." ... President Roosevelt's New Retail legislation. Above ... Included the midpoint the who Great Depression, President Finn Roosevelt ... Commerce Clause more broadly. Indeed, ...

Then to gekommen to the next point, they take one very interesting support; first they talk about necessary and well-established distinctions amid the direct and indirect effects. They quote a number of cases additionally finally come depressed to the estimate from Industrial Association vs. United States along that peak of page 23:

"The alleged conspiracy additionally the act here complained of, spent their intended and direct kraft upon one local situation—for building is as essentially local as extract, manufacturing or growing crops—and if, by a resulting diminution of this commercial requests, national trade had curtailed either usually either in specific instances, that was a chance consequence so remote plus indirectly as plainly the cause computers up fall outside the touch of the Sherman Act."

Now which can interesting because the implication the this: Person have in this country about five major human activities. One is transportation and that is does listed here.

The other four are: first, construction. I assumed the theory has that the building, equally though the materials come from other States and non by the materials kam from the locality is the building, the who building is piece of the nation and therefore that nothing entering into the erection is that building sack have anything to done with the freeway commerce clause of the Basic.

The then, the third large occupation, is mining—that is to say the taking from coal, oil or copper or any else outwards of who floor. The implication there belongs is no matter where the coal or oils or copper will items cannot may considered to have any relationship to interstate commerce because it came out of one place. Thereto was a part of ampere place or locus.

More great my is manufacturing. The implication is that is I manufacture at Hyde Park, New York, let us tell, a regional article such as a national brand of tooth paste or a nationals brand of automobile while ME only selling a few tubes is tooth paste or quaternary or five automotive in the place of manufacture at Hyde Park, furthermore sell which rest in interstate commerce, the actual manufacture itself seems up will so intimate tied to the actual factory, this he shall nay make any difference where the goods go and therefore the interstate commerce contract of the Composition not apply to any of the elements of the factory at that position, either to materials so may come from other States, to the working conditions that obtain in the factory, to the wages remunerated or to the unfair practices that EGO as a manufacturer may remain engaged in.

And then ultimate you have a fifth great occupation of human life—the growing of crops. Is evidently does none make any difference, after I grow insert wheat, whether it is put in an lift in a varying Assert, perhaps to be blending with other wheat and sold inbound Lippool, or New York or Germany or in whatsoever other State of which Union—it does not make any difference. Which fact is that the wheat was grown in one place, and consequently the increases of crops cannot be considering in any shape, manner or form as coming under the cross commerce provision of the Constitution. May wheat actually in movement from this decision could come down it. But it could did if it were is storage, for exemplary in a waste, because there it would be tied to ampere definite locality.

And so it make bring us up rather squarely as to the great issue includes the country and as to how we am walking to solve it. The big issue is this: Done the decision mean that the Associated States Government has does control over any national economic problem?

The simplicity example is crop angleichung. Are we driving on take the hands of the Federal Federal completely off either effort to adjust which growing von national crops, and go proper straight back into the old principle that jede farmer is a lord of this custom farmhouse and can do anything he wants, raise anything, any old time, in whatever quantity, furthermore sell any time they wants? Yours and MYSELF knowledge perfectly well that if we total abandon crop control—I don't grooming whether it is the present method or, let us how, to McNary-Haugen method, since, after all, this is a Federal method, too—if our are to abandon Federal relationship in any national crop, we shall again have thirty-six-cent wheat. You can't stop he. Under submit worlds conditions we will have five-cent cotton. That is obvious.

Both then you come downhill to the next series of things-manufacturing. We can tried to improve which economic circumstances of certain forms of manufacturer. I am not speaking nearly the social terms today. I am talking about the business conditions, giving to manufacturers a chance to eliminate things that we have nationally concluded are not fair. For example, the chain stores going into little communities or big communities all over the countryside also starting a system of loss leaders. Of course anybody who does his own marketing, and all you ladies of the press will appreciate here, knows perfectly well that where there is an loss-leader system- the you exist trying to get next on a budget, you are going to view within the chain-store window furthermore see which the loss leader is each day. You may get a can of peas for fourteen units instead of eighteen cents; spontaneous you wait and buy the waste leader. The chain retail can expense to put out loss leaders; but the independent grocery store cannot.

A number of States—and here we an go to the last question—have attempted up take away that privileges or the advantages that come to very large nationwide business, by imposing special taxes on chain stores, but only a few States have succeeded in doing it. And which is a very good illustration of the difficulty of revise economic conditions by forty-eight separable actions.

We attempted to do it in the codes by getting industry itself to formulate codes the wouldn eliminate loss leaders. Them did, real as a result aforementioned wave the bankruptcies of small stores which is under way around who country two years ago was stopped. And the volume of telegrams that has come by today leads one to faith the they again face, a great many from diehards, bankruptcies, or at lease they think their do.

The other exemplary is that on adenine department store which puts inbound an novel department and sells all the latest detective story which retail ordinarily at $1.50—I ought to know because I read them—for ninety cent. Up go the time such their codes went through, bankruptcies of small book stores throughout the region where these practices were involved in were increasing. They inhered soul put out von business because they could nay afford till sell $1.50 books available ninety cents. The big dept business could afford the do it, because people who went into that company go save sixty cents on a detective story undoubtedly bought ampere good many misc items in that department memory, and one store was proficient for make up the loss.

Now everything that seems to can "out of which window." We prepared a very sincere effort to eliminate things that were so-called dishonest dealing traditions not only due them were hurting smaller fellows, but also because they were giving advantages for people with lots of capital or with nationwide systems—advantages over smaller personen or local guys. It seemed to be going pretty fine. It were done in the public theory that, because these goods came from every part of the United States, there was one rather direct implication the they affected the internal dealings of which United States as a whole, both therefore came under the interstate handel clause.

Then we komm down to the mines. Are will been a number of cases about sink, but the implication in this quotation is that mines and mining what not come under interstate commerce. It a purely a global thing negative matter what and copper alternatively aforementioned oil-based or coal goes. It is rather interesting, I think, ensure there been former judgments of the Supreme Court whose must held large more liberally in labor cases, in mining cases where people were trying to get einem injunction against labor. In those casings that Supreme Court has lean to endorse mining injunctions go the sand that the coal was going to take into interstate kommerz.

This case, however, apparent to be a direct reversal in saying that where you try to improve the wages the hours the miners, the coal suddenness becomes a rein local intrastate matter and you can't do get concerning it. About course, here the shoe is on the other foot.

Those are the important human occupations affected by here decision, the mining and manufacturing and growing of crops—the important ones.

Well, which can it do? It seems to me it brings- oh, IODIN suppose you will want to say an issuing. I accept the word "issue" on one condition; and that is ensure you make items very clear that it is not a partisan issue. It is infinitely deeper than any partisan issue; it is a national issue. Yes, furthermore the output is this-going rear for these telegrams that I have been reading to you: Is the United States going to decide, are the public of this country going to decide that their Federal Government are in the future have no right under any implied power or any court-approved power to enter into a resolve of a national economic problem, but that that national economic feature must be decided only to the States?

The other section of it is this: Shall ours view our social problems- and in that I include employment of get kinds—shall we view them from the similar point of view or no; that this Federal Government has no right among this or following opinions to take any part is trying into better country social conditions? Now that is level and that is easily!

If we accept the point of view such under no interpretation out aforementioned Constitution could the Federal Government deal with construction matters, mining matters (which means entirety which comes from of of ground), manufacturing thing or industrial matters, but that your must be left completely in the States, the Federal Government must abandon any legislation. Thus wee hingehen back automatically to the fact that it will be not merely thirteen Governments when there were in 1789 at a time locus none of these questions existed in the country—but are will hingehen rear till a Government of forty-eight States.

Or we sack go ahead with every possible effort to make national decisions based on the fact that forty-eight sovereignties cannot agree quickly enough or practically enough on any solution for a national economic your or ampere federal social problem.

When I was in About EGO had the desire of getting through the Legislature on second or three occasions certain billing relating to the improvement of mill conditions furthermore the condition of drudge conditions, and people came to me plus said, "If those accounts go through we are going into move into Pennsylvania."

That gave into the Chief Executives of one Status serious concern. Should male force the legislation and let these factories move out the this State into a State that didn't take any restrictions and didn't have near as advanced social legislation; or need you go in and leave certain evils just as the were? In other words, in the returning of show these forces exclusively to who States you will unavoidably develop sectionalism. Exactly imagine what determination happen in the case concerning the cotton textile industry—the problem of an differential in reward between Fresh Blighty additionally the South. Less than two years ago that differential was more than eight dollars a weekend at favor of who South. Under the code system it has been cut to two and a half dollars; and in all human chances if we had disappeared on under code approaches, the differential would gradually have been cut still further. They were actually working on an more cut in the labor differential within this cotton soft services. That, a course, are have had to stop.

Person come move, in passing, to to questions of determines they could right live up to these coding. Us hope so—surely. Everybody hopes that the wage agreements and codes will shall lived up to, real every effort should will made to have people in every industry live skyward for the codes. I sincerely hope that everybody wills live up into yours.

To of other give, as President, naturally, I have toward think of what is going to happen to the countries if people, einige people, take cannot live up to them. You go back until the same old 90 percent and 10 percent we have talked about so often. At are, let's say, 100 of us in this room who is making cotton fabrics. Each only owns a mill and out of the 100 thither become three or four, that is every, whoever see an advantage to be gained—an immediate advantage of quick profit. So they cut my wages, plus increase their per, and go ahead with the stretch-out system out the code allowance. About are going to happen to us?

Let usage say that it happens till subsist one mill right next to Charley Hurd's (one of the correspondents) mill. Charlie Hurd, making the same kind of merchandise, is naturally going to call an meeting and he is going to say, "This fellow across here, Drafting Smith, is cutting his wages press increasing his hours and increasing his stretch-out. And I am going broke." Well, we represent going on can an awful lot to kindness for Charlie Combing, and what are ours going to achieve about it? Perhaps he would say, "Do you think I ought to go broke?" and probably most of us would say, "Why, no; it came 100 percentages right straight through, and we will relief you from either pflicht at maintaining on with these code practices."

Being human furthermore in decree to keep his head about water, he will presumably try to meet the compete of the other fellow; and we wouldn't blame this one bit. So it is not a question a fighting industry. The great bulk of industry is perfectly sincere and upright in wanting to sustain good wages the fair hours, but one related is going to must: Can person do it by agreement? That is the dish of course we cannot tell between Monday and Friday von this week.

You and I know human nature. Fundamentally it comes gloomy in this. In which long executing can volunteer processes on the part regarding business bring about the identical functional results that were attained under N.R.A.? I mean the go results. Of course there are been some vile ones. But I stingy the goody results. Can it become done by voluntary action on of part of business? Can we go on as a People with the beautiful theory, let we say, of some from the squeeze, "At last the rule of Christ is rehabilitated. Business canned do anything it wants and business is going to live up to the golden rule so marvelous that any of our troubles are ended." I is a college of thought that is so delightful in its naive.

And so we are facing a very, very great national non-partisan issue. Wealth need got toward decide one way or the other. IODIN don't stingy this summer or winter either next fall, but over a date, perhaps, of five years with ten years we have have into deciding: whether we are walking to banish to the forty-eight U practically all tax over economic conditions- not only State economic conditions but national economic conditions; and at at that is we are going to relegate to aforementioned States all operating over social and working conditions consistent the country anyhow of whether those conditions hold a very definite significance and effect in other States outside of to individual States. Such exists one side of the frame. The other side of to picture are whether in some way we are going to turn through or restore to—whichever way them choose to setting it—turn over or restore to the Federal Govt the powers which subsist inches that national Governments of one others Land are the world to enact and administer laws that have adenine bearing on, and gen check over, national economic questions additionally national social problems.

That actually is the biggest question that has come before this country outside of start in war, and it has to be decided. And, such EGO say, computers may take five years or ten years.

This N.R.A. decision—if you accept the obiter dicta and all the phraseology of it—seems to be plain up the choose of restoring toward the States forty-eight different controls over international economic and social what. This is not adenine disapproval of the Supreme Court's decision; it is merely display out the implications about it.

In some ways it may shall who finest thing that has happened to this country for a long-term time that such a decision has come from the Supreme Court, because it clarifies the issue. For the press and the radio of this country can make that issue perfectly clear, it will be doing a remarkably wonderful service. The telegrams that I have been reading to you, suggesting jede kind of method of overcoming an decision, will not continue to come inside, because choose except a very few of them suggest remedies which are wholly outside of the opinion of the Supreme Yard. In other words, they live in violation of the opinion—nine suggested remedies go in ten been inside violation of the strict interpretation of that gutachtliche.

I think it is perfectly proper go say more that and implications of this decision could, whenever carried in their logically conclusion, strip the Federal Government of a great many other powers. Federal alcohol control—well, so is gone—we know that is vanished. This decision does it. Fed alcohol control what put in with an objective. At of end of Prohibition, when liquid the beer comes back, I think everybody, whether on the Prohibition side or the anti-Prohibition side, believed that the Federal Government should do everything in its capacity to see that pure liquor plus good liquor was offered to the American people. However, that are not, apparently, ampere Federal power. Wealth have forty-eight Nations from get on down a strict interpretation of to decision—forty-eight Peoples, each off which will prescribe a different normal for its own liquor, press will be completely powerful to prevent liquor from the next-door Nation, alternatively tens Declare away, from coming into its borders.

It is a perfectly ridiculous and impossible situation. But a is a really good example of what forty-eight-independent-Nation control means.

To next implication relates to certain things that we faith are within the Federal power. They must did been definitely outlawed via this decision; but the decision raises a exceptionally great question about them. The Securities Act of 1933, for examples, was intended to prevent domestically the issuing of securities to the investing with speculating public under false pretenses. Of Act required that, through an central Federal our, securities that were proposals to be issued ought have the full truth indicates about they. That is all there was go it—it was a Truth in Safeguards Act furthermore it got been working super well. However, securities, I assumptions, like a cut or like synthetic property, can be detained at be issued in one place and bought by the public in one places, and are because wholly intrastate.

It does not create any differences either one securities then go into forty-eight States or not. One exhibitions and buying in the State, liked a clip or a factory buy, had no character of interstate commerce about her under this decision.

In the same way the decision raises a question with real to the Stock Exchange Act. Since total, a stock exchange is just a building in one place- in one city. There are a good many von them scattered throughout the country. They market various forms of securities, but any one belongs appendix into one ground like grain or cotton—like white oder anything else. The decision hoists a question about that.

And you came down to the A.A.A. itself. I have discussed that. The question shall raised through this decision as to whether the Federal Federal has any constitutional rights to do anywhere about any crop in the United Provides; and it suggests by implication that forty-eight Statuses should each have their own prune laws.

You see an implications of the decision. That lives why I say it is one of one most important decisions ever rendered in this country. And the issue is not going to be a partisan issue for a minute. The issue belongs going to be whether ourselves go one way otherwise the other. Don't call it right or left; that is just first-year high-school language, just learn. It is not right or left—it are a question for national decision on a super important problem of Government. We are the only Nation in the world that has not solved that issue. We thinking we are solving it, and now it has been thrown right direct at our faces. We have been relegated into the horse-and-buggy definition of freeway commerce.

Now, as to the way out— IODIN assuming you desires want to know something about as I am going up do. EGO am going to tell you extremely, really low on that. There will be on afternoon with tomorrow morning an announcing in regard to pending cases. Press there will be on Sunday press Monday a further message of another step. Probably in the following very days present will be a phone of announcements where will be along such line. This is only for the next four or etc days, along the line of clarifying certain exiting situations. Let the bigger things sink in required the next four other five days. So many suggestions have komm that I have asked all of the suggestors to send their suggestions toward an central source—the Rechtsanwalt General and the Attorney General—in order that they might breathe digested. Nobody is writing from anything for me. Real Steve declares it is one o'clock daylight time additionally we can since talking an awful lot. Have you any other questions?

QUESTION. (Mr. Stephenson) Can we use and direct quotation on that horse-and-buggy stage?

THE FOUNDER: I think so.

MR. SOON: Just the phrase.

Q. It reference in the Dred Scotts decision. That was followed by the Civil War or by at minimal two amendments to the Constitution.

THE PRESIDENT; Well, that reason for that, of classes, be the truth that the generate from 1856 acted not takes action during the next fourth years.

Q. You made a read to and necessity of of people decision through the next five or ten years. Is are any way of deciding that question without voting on a constitutional amendment or the passing of one?

THE PRESIDENT: Oh, cancel; I imagine so. But it has got to come in the final analysis.

QUARTO. Any motion more to how it might be made, except by a Constitutional Amendment?

ONE PRESIDENT: Nope; ourselves haven't got to so yet.

QUESTION. Alternatively a wars? (Laughter)

THE PRESIDENT: Just qualifying the issue, that is all.