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Last May the nine Justices of the U. S. Supreme Court sat in judgment on a sick chicken sold by Schechter Bros, of Brooklyn. Their verdict was death for NRA. Last week the same Court sat in judgment on one of the late chicken's eggs, the Guffey Coal...

Author: /time Magazine | Title: JUDICIARY: Posthumous Egg | 3/23/1936 | See Source »

Despite the unanimous decision of the Court in the Schechter case, the coal bill sponsored by Pennsylvania's Senator Joseph Guffey was ramrodded through Congress for three good reasons: 1) President Roosevelt publicly advised Congressmen to pass it, "however reasonable'' might be their doubts as to its constitutionality; 2) the United Mine Workers of America threatened a strike unless it was enacted; 3) most Northern coal operators favored the law because it promised to fix coal wages, thereby preventing Southern operators from underselling them. Last week before the Supreme Court the lawyers of several Southern coal operators...

Author: /time Magazine | Title: JUDICIARY: Posthumous Egg | 3/23/1936 | See Source »

...Attack, This attempt to revive NRA in one industry was met by its opponents with the same weapons that proved so successful against NRA itself. One weapon was Lawyer Frederick H. Wood, of the portentous Manhattan law firm of Cravath, de Gersdorff, Swaine & Wood, who argued for the Schechter Brothers. This time he argued for James Walter Carter of Carter Coal Co. with mines in the Virginias. Another weapon was Charles Irvin Dawson, who before he resigned as a Federal judge in Kentucky had declared the NRA coal code unconstitutional. Last week his clients were 19 Kentucky coal companies whose...

Author: /time Magazine | Title: JUDICIARY: Posthumous Egg | 3/23/1936 | See Source »

...argument was simple: "If the Congress can regulate the production of coal upon the theories now advanced, then it may regulate piecemeal and one by one substantially every industry in the country and would thereby be enabled to exercise the power specifically denied to it in the Schechter case when attempted through enactment of a single law pertaining to all industry...

Author: /time Magazine | Title: JUDICIARY: Posthumous Egg | 3/23/1936 | See Source »

...Court Chamber was filled during these arguments, and no sooner was a seat vacated than it was instantly refilled by those who had been standing in a queue outside. Attorneys, watching critically to see what New Dealer Dickinson could do with a case that in the shadow of the Schechter decision looked far from hopeful, credited him with an able lawyer-like job. Curious laymen who hoped the Justices would pink the New Deal's attorneys fore & aft with embarrassing questions were disappointed. Neither the argument of Mr. Dickinson nor the argument of his opponents was interrupted except...

Author: /time Magazine | Title: JUDICIARY: Posthumous Egg | 3/23/1936 | See Source »

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