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Only persons to worry, however, about legal guilt were four Brooklyn poulterers, Joseph, Martin, Alex & Aaron Schechter. Were they guilty of violating the law of the land because, contrary to the Poultry Code, they had allowed their customers to pick what chickens they bought, instead of making customers take chickens by the coop, good and bad alike? Were they guilty because, also contrary to code, they had sold an allegedly sick chicken? Guilty for not paying their employes code wages, not working them code hours? For not making proper code reports? For conspiring to do these things? A Federal Circuit...

Author: /time Magazine | Title: RECOVERY: Out on Chickens | 6/3/1935 | See Source »

...Supreme Court last week, NIRA at last went to its great trial. For Donald Randall Richberg, it was, indeed, a momentous occasion. As a special assistant to the Attorney General, he appeared in wing collar and cutaway to lead the Federal defending forces against Joseph, Alexander, Martin and Aaron Schechter...

Author: /time Magazine | Title: National Affairs: U. S. v. Schechters | 5/13/1935 | See Source »

...Brothers Schechter operate the two largest jobbing plants in the $60,000,000-a-year Brooklyn live poultry business. They stoutly refused to let the Blue Eagle roost among their chickens, so the Government indicted them on 19 counts. Two trial courts found the Schechters guilty of violating the fair trade provisions of the poultry code: selling diseased fowl; filing false sales volume and price scale reports; permitting butchers to select the chickens they wanted killed, in spite of the code's insistence on "straight killing." But neither lower court found the Schechters outside the law because they worked...

Author: /time Magazine | Title: National Affairs: U. S. v. Schechters | 5/13/1935 | See Source »

...Schechter reply, put by Frederick H. Wood, a Government associate in the gold clause cases, was no less orthodox. If the Government could regulate one intrastate business, it could regulate all businesses and, carried to its logical conclusion, the concept would ultimately find Congress in charge of all human activity...

Author: /time Magazine | Title: National Affairs: U. S. v. Schechters | 5/13/1935 | See Source »

Acting on the case last week, the Circuit Court in Manhattan made an important distinction between the Schechters' chickens and their employes. Since the Schechter chickens came from outside New York, the circuit judges found that they constituted merchandise in interstate commerce and were subject to NRA regulation. Upheld, therefore, was the trial court's decision that the Schechters had been guilty of unfair trade practices under the Poultry Code. But a majority of the Circuit Court ruled that the working conditions of employes in the Schechters' Brooklyn plants were no interstate affair and therefore none...

Author: /time Magazine | Title: RECOVERY: Schechter for Belcher | 4/15/1935 | See Source »

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