THURSDAY, JULY 11, 1963
MEDFOHD MAIL TRIBUNE, MEDFOHD, OREGON
tes'
Ms
By WILLIAM J. t'ATOM -. bill to hall race restrictions in
United Prcsi International
Washington iL'PIi President
Kennedy's request that Con
gress outlaw racial discrimina
tion in hotels, theaters, restau
rants and stores raised a Con
titutional question that - has
concerned the U. S. Supreme
Court for 150 years.
The issue is simple: How
much authority does the Fed
eral government have in regu
lating commerce and how
much should be left under
-State control?
Answers from the Supreme
Court have varied with the
times-and the temper of the
justices. But few legal author
ities dispute that there has
been a tremendous expansion
of federal authority over the
national economy in the past
25 years.
That is one reason Justice
department attorneys are so
confident the high tribunal
would uphold a federal ban if
they can show how race dis
crimination impedes the flow
of goods across slate lines.
The President used another
Constitutional precept for his
public facilities - the 14th
Amendment. This forbids
states from depriving any per
son of equal protection of the
laws. But it is doubtful wheth
er it bars discrimination by a
hotel or restaurant owner, for
example.
Yet the government feels it
can demonstrate that such dis
crimination can take place
only with the help of a-state's
police force, courts and other
institutions that constitute
stale action under the law.
An 1883 Supremo Court de
cision in civil rights cases,
struck down a Federal law
Dasscd in the stormy recon
struction period that attempt
ed to forbid segregation in
hotels and restaurants via the
14th Amendment.
This decision, which still it
prevails, is one reason why the
government's main reliance is
placed on Congress power to
regulate commerce "among
the several slates" in the
event a similar law is passed
this year and ils Constitution
ality is challenged.
. Chief Justice John Mar
shall, who played a major role
in building the Federal-State
framework through his de
cisions in the early 19th cen
tury, came out strongly for
broad federal powers in a
landmark ruling in 1820.
The case involved a steam
boat monopoly granted to
Robert Fulton by the Stale of
New York.
Forbids Monopoly
Fulton's competitors argued
that the federal power to reg
ulate interstate commerce
should forbid New York from
granting a monopoly in steam
boat travel.
Marshall ruled against Fui-
Dssue Looms Again Dm Etaee Proble
ton for another reason but his
opinion is still cited today to
justify sweeping federal au
thority over commerce.
That power, Marshall held,
is "complete in itself, may be
exercised to its utmost extent
and acknowledges no limita
tions other than are prescribed
in the Constitution."
And commerce, he said, in
cludes "every species of com
mercial intercourse" and cov
ers every part of a journey
across state borders,
i After Marshall died, Chief
Justice Roger B. Taney's court
adopted a new doctrine that
said the national government
could regulate in cases where
a uniform national rule was
required. But in other cases
tiie states could act.
The federal government's
power was whittled down fur
ther by the court in a series of
decisions following the Civil
War.
Sugar Trust Case
Perhaps the most amazing
of these rulings, from today's
viewpoint, was the "sugar
trust" decision in 1892 which
said that firms engaged in pro
ducing 95 per cent of the na
tion's sugar supply wore not
subject to the anti-trust laws.
The court reasoned that the
manufacture of sugar was pri
marily a matter for state con
trol since it only "indirectly"
affected interstate commerce.
The courft switched slight
ly, however, to uphold the
Mann Act, forbidding trans
portation of prostitutes across
state lines, and the Pure Food
and Drug Act, aimed at bar
ring interstate shipment of im
pure or harmful products.
Yet a few years later, the
court knocked down federal
laws to regulate child labor on
grounds this was an intrusion
on local authority.
The doctrine adopted in the
"sugar trust" case in the 1890s
was used by the Supreme
Court to scuttle major por
tions of the Roosevelt New
Deal program in the 1930s.
The National Industrial Recov
ery Act, the Bituminous Coal
Act and the Agricultural Ad
justment Act all were nulli
fied. Uphold Wagner Act
Then, in an about-face that
followed former President
Franklin D. Roosevelt's so
called court-packing plan, the
justices upheld the Wagner
Act, the Federal Minimum
Wage Law and the Social Se
curity Act.
By 1942, the justices even
UDheld a law that placed lim-1 to do. whether for economic,
its on wheat grown for on-the
farm consumption although
none of it was sold in inter
state commerce. Feeding some
wheat to livestock, the court
said, could have an effect on
the amount of wheat that
would move across state lines.
Robert G. McCloskey, Har
vard professor who has writ
ten a book about the court's
role in American Life, says:
"It was evident that Con
gress could reach just about
any commercial subject it
might want to reach and could
do to that subject just about
humanitarian or other pur
poses."
McCloskey said that after
the New Deal revolution "the
Constitutional distinction be
tween intrastate and interstate
commerce was no longer a
practical limit on federal
power."
Justice department attor
neys agree that the President's
proposed ban on discrimina
tion in virtually all places
open to the public is far-reaching.
But they are sure that if
Congress passes the bill, Su
preme Court approval wouia
anything it was likely to want be a "sure thing."
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HOMELAND COSTUMES - Lissome Miss Universe conlest-
anxs, Susan Prmi, icfv of England, and Gmce Cnhli.-r l.ilor
of Scotland tlicplny costumes of their homelands, the "beef
eater" and the "kilt" respectively, as they arrive in New
York. Thcv arc headed for Miami Beach. Fla., and the ;
beauty contest, which starts next week. (UPI)
Junior Foreign Service
Officer Tests Planned
Congressman Robert B.
Duncan, (D-Orc), said today
the U.S. Slate Department has
informed him that the dead
line for filing applications for
the test for Junior Foreign
Service Officer is July 22.
"The United States Foreign
Service is an unusual and
challenging career opportuni
ty for young men and women
interested in serving their
country abroad and at home,"
Duncan said. "The Slate De
partment is eager to obtain the
best talent the Unllcd States
can provide from all sections
of the country."
To be eligible to take the
examination, a n applicant
should be at least 21. but
under 31 years old as of July
1, and have been a citizen of
the United Stales for at least
nine years. A person 20 years
of ago is eligible to take the
written examination if he
has a barhclor's degree or
has successfully completed
his junior year in college as
of July 1.
Congressman Duncan point
ed out that in addition to in-
Typhoon Vendy
Bypasses Guam
Honolulu - WD - Typhoon
Wendy, with winds of more
than 100 miles an hour near
the center, appeared toduy to
have bypassed the island of
Guam.
The Philippines could calch
the full brunt of the storm.
The Honolulu Weather Bu
reau said the typhoon center
was about 90 miles south
southwest of Guam early to
day and was expected to be
about 170 miles due west of
the island early Friday.
The weather bureau iid
winds at the center were ex
pected to increase as the ty
phoon headed toward the
Philippines.
dlviduals with backgrounds in
political science, history, gov
ernment, and a broad educa
tional background. Hie For
eign Service seeks those who
arc trained in such diverse
specialties ns budget nnd fis
cal work, management, per
sonnel labor relations, law,
hanking and finance, industry,
foreign Hade, and other as
pects ot economics and ad
ministration. Applicants from Oregon's
4th District would be able to
take the written examination
in Portland, There are also
oral and medical examina
tions and a background inves
tigation. Additional information and
application forms can be ob
tained from Congressman Rob
ert B. Duncan, 125 Cannon
House Olfice huilding. Wash
Ington 25, DC. or from the
Congressman's district repre
sentative, Clif Ouolletle. room
312, 720 East 13th avenue,
Eugene, Ore.
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CABBAGES sya
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