UNEMPLOYMENT IN THE UNITED STATES 177

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Mr. Montague. I did not mean to impute to you instability in any
way; I just wanted to see if T understood you correctly. Now, the
gentleman who preceded you boldly took that position, the Member
of Congress who argued here.
Senator WagnER. I did not know he said that.
Mr. Montague. He boasted that the Constitution had nothing to
do with 1t in the face of a measure of such tremendous importance as
this. That is neither here nor there, however.
Senator WaeNER. The Constitution, after all, is what the judges
say it is; that is what the Constitution is.
‘Mr. Montague. Then vou think we have nothing to do with it,
Senator?
Senator Wagner. Now 1s there any doubt about that in your
mind, Judge?
Mr. Montague. There is a doubt in my mind about it. Why do
they swear you and me to support the Constitution here, if we have
nothing to do with it?
Senator Wagner. Is not the Constitution as the United States
Supreme Court interprets it?
Mr. MonTaGUE. Ah; but the United States Supreme Court, as you
know, Senator, has bowed its head many times.
Senator WAGNER. But it is what thev sav it is.
Mr. MonTtaGgUE. Oh, yes.
Senator WaaneR. That is perhaps axiomsatic——
Mr. MonTtacui. Frequently, however, we do not save them from
saying what they do, by our congressional cowardice.
Mr. McKeown. Senator, there is not anything in this bill, as I see
it, that would interfere with these private agencies being enabled to
have the information furnished them. This Government information
would be available to all concerned.
Senator Wagner. To anybody. This does not deal with them in
she slightest; it has nothing to do with private agencies.
Mr. McKeown. In other words, I would not like to see any established
 business put out of business except where the emergency
required it. Of course, in the farm legislation we are putting out of
business some of the middle men, but of course it is because of the
listress of the existing condition that brings it about.
Senator WAGNER. Yes.
Mr. McKeown. Now, I take it that these private agencies, very
naturally, could locate certain classes of the unemployed. 1 agree
that every man who is poor and out of work should have an opportunity,
 if he wants to, to get free service; but, on the other hand, if
he can get quicker service and can pay for it, he ought to have that
opportunity.
Senator WagNER. This does not interfere with them in the slightest.
We have 25 States with public exchanges now; this does not change
the situation. This does not deal with private emplovinent exchanges
at all.
Mr. Bacamann. Is not this the fact, Senator, that this does not
of necessity say that the States have got to comply with this bill;
it is optional with the States?
Senator WaoNER. Absolutely.
Mr. Bacamann. And, when it is optional with the States, where
s there any constitutional feature, or State rights feature, involved
n it?