I
THE NOME DAILY NUGGET
GEO S MAYNARD. Editor
RUSSELL G MAYNARD. Manager -j
Published every evening except Sunday by The Nome
Publishing Company, Nome, Alaska.
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MEMBKR OF ASSOCIATED PRESS
THE SIT DOWN STRIKE
OF THE SUPREME COURT
Monday used to be known as “decision day” in the
United States Supreme Court.
Now it is known as “indecision day.”
Another week passes, and the Court fails to hand
down any rulings on half a dozen important cases in
volving vital New Deal legislation—although most of
those cases have been before it for months.
In short, the Supreme Court is staging a sit-down
strike.
And here’s the reason why.
The court has pending two especially “'hot potatoes”
—the Washington minimum wage case- arguments on
which were held over three months ago, and the cases
involving the Wagner Labor Disputes Act.
If the Court finds cither of these two laws constitu
tional. it will have to reverse itself, to jstify its decision
by arguments exactly the opposite of those which were
used to throw out previous minimum wage laws, and,
in the ease of the Wagner Act, arguments exactly the
opposite of those used to kill the Guffey Coal Act.
So, if the Court should uphold these acts, it will
justify M;. Roosevelt's plea for reforming the Court by
proving his charges of inconsistency and capriciousncss.
On the other hand, if the Court kills the Washington
minimum wage act and the Wagner Act—
It wii 1 justify Mr. R .- - evelt s charges that it h s the
.x Hi!' ry imp >rt mt piece of liberal legislation
enacted by aw Deal Congresses.
No in .Ucr which way the Court decides, it shows
up its own usurpation of legislative power.
So it it d iwn strike, and does nothing.
Yet by this course, the “nine old men” bid fair to
outsmart themselves.
Their protracted delays on important legislation jus
tify President Roosevelt’s further charge that the
Court’s present procedure is inefficient and makes for
just such delays, which- in turn, lead to chaos in the en
forcement of Federal laws.
This is bad enough. But even worse, the Court’s
sit-down convicts it of the charge which liberals have
made for years:
The charge of playing ducks and drakes with the
Constitution to serve economic and political considera
tions.
If the Court were the strictly judicial body its parti
sans claim, it would be concerned only with speeding
up and not delaying its rulings on the Wagner Act, the
minimum wage cases, and others. Yet weeks have
gone by without a single ruling on any important issue.
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HARDWARE-WHOLESALE AND RETAIL
The gold clause decision of last week was merely a rep
etion of the decision previously handed down by the
Court.
The ‘‘nine old men” are treading water—hot water.
And, in seeking to out-trump Mr. Roosevelt’s hand,
they expose their own.
The fact that our judicial dictators stay their ax
only calls the attention of our people to the fact that the
ax is over their heads.
Silence, once more proves more eloquent than
words.—Philadelphia Record.
EIGHT YEARS IS ENOUGH
An astonishing percentage of American Presidents
have served two terms, or parts of two terms. But very
few have flirted with the idea of seeking more than two.
Theodore Roosevelt was a candidate for a third term,
but failed of election. Calvin Coolidge held the country
in mirthful suspense while he delayed almost until the
last moment a decision whether to seek another term.
which would have been nearly the equivalent of a third
President Franklin D. Roosevelt has been more tactful
and more honest, and should have full credit Less
han two months after his second inauguration- he has
said in plain words, and with felicitous humor, that he
will not be a candidate to succeed himself in 1940.
This has no bearing on the topic of the hour, which
;s the President’s determination to dominate the person
nel of the Supreme Court. But it does set up the ques
tion of a third term long in advance. And it helps to
prevent the emergence of those futile and pointless
•ries of “dictatorship” which are the modern counter
part of the personal scandal and whispering campaign
-Cincinnati Enquirer.
That song writer who wrote E aster Parade ma}
know Fifth Avenue, but reports from Pt. Barrow would
indicate he should make a little trip up north.
Just supposing the taxpayers would organize and
go on a sit-down strike? You figure what would hap
pen. _
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