The Butler County press. [volume], January 15, 1937, Image 1

About The Butler County press. [volume] (Hamilton, Ohio) 1900-1946

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By GEORGE L. KNAPP
Washington, D. C. (ILNS)—The
first annual report of the National
Labor Relations Board is a document
which ought to be reprinted, and put
in the hands of every American citi
zen. Certainly organized labor should
do its utmost to get some parts of
that report into every local in the
land.
Labor Board Makes Plain
Employer Conspiracy
To Nullify Wagner Act
Speaking from the record, backing
up each statement with official evi
dence, the NLRB shows the conspiracy
of "economic royalists" to bring the
national labor relations act to naught,
and to retain for the corporations
powers greater than enlightened
masters in the old days tried to wield
over their slaves. Of injunction pro
ceedings, the board says:
"During its first month, and before
the board had opportunity even to
announce its procedure, an incident
occurred which was to stimulate in
junction suits against the board, and
even to provide a sample brief for
those wishing to attack the act. This
was the publication by the national law
yers' committee of the American Lib
erty League, on September 5, 1935,
of a printed assault on the constitu
tionality of the act.
Attempt to Undermine Law
"This document, widely publicized
and distributed throughout the coun
try, did not present the arguments in
an impartial manner for the use of
attorneys. It was not a review of the
cases which might be urged for and
against the statute. It was not a brief
in any case in court, nor was it an
opinion for any client involved in any
case pending.
"Under the circumstances, it can be
regarded only as a deliberate and con
certed effort by a large group of well
known lawyers to undermine public
confidence in the statute, to discourage
compliance with it, to assist attor
neys generally in attacks on the stat
ute, and perhaps to influence the
courts.
The board then tells of the first in
junction suit, brought in the western
district of Missouri. The demands of
the corporation asking the injunction
were utterly contrary to the proced
ure provided in the Wagner act itself,
which was modeled on the procedure
followed by the federal trade commis
sion for more than 20 years. In this
the board makes a preliminary in
vestigation, issues a complaint for a
thorough inquiry if the case appears
to warrant it, makes its findings and
its orders and then these are review
ed, if desired, by the federal circuit
court.
No Notice Given Board
In the first suit brought against
the NLRB, the court granted a tem
porary restraining order without no
tice to the board. Then:
"Immediately following the start of
this first suit, a nation-wide and ap
parently concerted endeavor was made
to utilize the same injunctive method
to prevent the board from proceeding
with the many other hearings. Not
only did the attorneys filing the in
junction suits become most ingen
ious in devising all possible allega
4,^.—.—.—^—^
q*dst'•"7*
Studied Attempt on National Scale to Retain Autocratic
Power for "Economic Royalists" and to Discredit
Labor Relations Law in Eyes of Courts and Public
Revealed in NLRB Annual Report.
tions of injury, but, strikingly enough,
the growth and fantastic character of
these allegations showed a gradually
increasing uniformity.
"The process was like a rolling
snowball. The allegations in a plead
ing filed by an employer in Georgia,
for example, would show up in pre
cisely the same wording in a pleading
filed in Seattle. There came a very
rapid and widespread exchange of
pleadings all over the country until
all had exhausted their ingenuity in
conjuring up the many and gross in
juries which it was alleged a hear
ing before the board would entail."
Hearings Reveal Spy Activities
Nevertheless, in the 83 cases filed,
the plea for a temporary injunction
was defeated in 59 cases, granted in
20, and is pending in 4.
"The cases heard and decided by the
board have revealed what the hear
ings of the La Follette committee
have since disclosed to be a wide
spread practice in American industry
the use of professional labor spies
and undercover men," says the board.
It gives instances, and then passes
to the activities of professional labor
sluggers, quoting its decision on one
A. A. Ahner, employed by the Brown
Shoe Co.:
"Actually, Ahner has a i-eputation
as a professional strike-breaker and
union-wrecker, and employer of thugs,
sluggers and armed guards in his
strike-breaking activities, a planter
of labor spies in factories and labor
organizations, has been implicated in
framing union leaders, and is notor
ious in the St. Louis industrial area
for successful terrorism in his chosen
field.
Local Officials Aid Bosses
The same case shows that if other
methods fail, such persons do not
hesitate to slug union organizers. In
such activities, employers may some
times count on the co-operation of
local officials. In (a Jones & Laughlin
case in Pennsylvania) a union organ
izer who was distributing union pam
phlets was set upon by two persons,
who beat him severely. He was then
taken before a justice of police, fined
$5, and refused a transcript of record
for purposes of appeal. In the same
case, the president of the union, while
on his way to work at night was
followed by a Jones & Laughlin police
car. He lost sight of the car, and
passing an alley, he was stopped and
struck. He asked for police protec
tion at the station. He was told:
'Get the hell out of here. You don't
deserve protection.'"
First, the almost incredible auto
cracy exercised by employers in sev
eral key industries, especially in steel
The corporation in a factory town is
virtually what the old French seig
neur was before the French revolu
tion—"lord of the high justice, the
middle, and the law." And this as
tounding power is frequently used
with an equally astounding savagery
and brutality.
Phone 5000
Second, that so far as any official
group can deal with this situation
the National Labor Relations Board
seems fitted for the job.
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Cube Steak 20c Coffee 19c lb.
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636-640 MAPLE AVE. HAMILTON, OHIO
A Home Owned Store
Where they have parts for Automobiles, Trucks and Tractors
MOTORS REBORED PINS FITTED SLEEVES INSTALLED
1
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FHE BUTLER COUNTY PRESS.
VOL. XXXVI. No. 41 HAMILTON, OHIO, FRIDAY, JANUARY 15, 1937 ONE DOLLAR PER YEAR
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(OopvrlRhf. W. sr. IT
Washington, D. C. (ILNS)—Twen
ty-five years of labor effort to elim
inate the unfair competition of prison
made products with free labor were
crowned with victory when the U. S.
Supreme Court upheld the Ashurst
Sumners act.
I)E CISION CROWNS 25 YEARS
OF WAR ON PRISON GOODS
Moreover, the broadness of the de
cision was heralded by members of
congi*ess and by leaders of labor and
industry and the public who helped
draft and fight for the bill as pointing
a constitutional method of achieving
New Deal objectives in industry regu
lation. It was held that the combina
tion of federal enabling legislation
and state prohibitory legislation would
apply particularly to elimination of
child labor and for industry regula
tion in the matter of minimum wages
and maximum hours.
Ruling, Great Labor Victory, Is Seen Opening
Way to Effective Regulation of Hours, Pay
and Child Labor.
Quick Action Held Possible
If sufficient pressure were exerted
it was asserted, .both of these ob
jectives could be attained in sixty
days, inasmuch as enough legisla
tures are now in session to pass laws
which would close enough states to
the market of goods made under un
fair conditions so that all manufac
tures seeking national markets for
their products would be forced to con
form.
Laying down the principle that
congress may prevent interstate
transportation from being used to
bring into a state articles which the
state has constitutionally forbidden,
the decision was rendered in the suit
brought by the Kentucky Whip & Col
Jar Company against the Illinois
Central railroad. The decision was
concurred in by all the members.
Twenty-two states have enacted
laws protecting free labor from the
competition of prison labor. No
prison-made goods can be sold in the
open market in these states. The
Hawes-Cooper act denies any inter
state character to convict-made goods
from state prisons, forcing them to
be made in conformance to standards
set up by the laws of the state to
which the goods are shipped.
Second Law Blocks Evasion
The Ashurst-Sumners law, sup
plementing the Hawes-Cooper act
blocks evasion of this ban on prisor
made goods. It puts teeth into en
forcement by providing that when
shipped in interstate commerce
prison goods must bear a label on the
container, telling in plain print the
name of the prison where the goods
wex*e made and the person or firm to
whom' it is consigned. No carrier
.•••' ^V*' -J "Vic „r-
How It Seems!
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^es'M!
Supreme Court Upholds Law
Harming Convict-made Good:
may accept such goods for shipment
to any state which prohibits their
sale in the open market. Chief Jus
tice Hughes, who read the decision,
said:
"In the congressional action there
is nothing arbitrary or capricious
bringing the statute into collision
with the requirements of due process
of law.
"The congress in exercising the
power confided to it by the consti
tution is as free as the states to
recognize the fundamental interests
of free labor nor has the congress
attempted to delegate its authority to
the states.
Power Not Usurped
"The congress has not sought to
exercise a power not granted or to
usurp the police powers of the states.
It has not acted on any assumption
of a power enlarged by virtue of
state action.
"The congress has exercised its
plenary power which is subject to no
limitation other than that which is
found in the constitution itself. The
congi'ess has formulated its own pol
icy and established its own rule. The
fact that it has adopted its rule in
order to aid the enforcement of valid
state laws affords no ground for con
stitutional objection."
The court discarded a contention
that the law was invalid because the
goods produced in a Kentucky prison
were not themselves harmful. It
said:
"The contention is inadmissible that
the act of congress is invalid merely
because the horse collars and har
ness which petitioner manufactures
and sells are useful and harmless
articles.
MISSISSIPPI ATTRACTS
NON-UNION SHOPS
New Orleans (ILNS)—Many cloth
ing factories are being located in
Mississippi, owing to the lack of
union organization. In New Orleans
which is classed as the largest manu
facturing center of men's summer
wash suits, little effort has been
made up to the present to organize
the shops, which employ girls at prac
tically starvation wages* in competi
tion with Northern factories which
pay the union scale of wages.
Instead of kidnaping some gener
alissimo, labor wishes the Chinese
would hold a general confiscation of
coolie products that are shipped to
America.
Nes, MOTHER1.
s«les!
k
i
TO OFFER FARM TEN
ANCY OWNERSHIP BI!
Washington, D. C. (ILNS)—Sena
tor Tom Conally, of Texas, announced
that he will seek passage of a farm
tenant land ownership bill in congress.
"Farm tenancy has increased to an
alarming proportion," said Conally.
"I would have the government sell to
successful, thrifty tenants land suf
ficiently large to produce a.livelihood
for the family and meet amortization
payments. It ought to be sold on very
low interest rates, perhaps 2 per cent."
ALUMINUM WORKERS'
STRIKE SETTLED
Detroit (ILNS)—Homer Martin,
international president of the United
Automobile Workers of America, an
nounced that a strike of 650 workers
at two plants of the Aluminum Com
pany of America, had been settled.
Under the agreement reached the un
ion is granted recognition, the com
pany promised that no discrimination
would be practiced, and said it would
reopen the plants immediately.
TNIItft
PROGRESSIVES
In Congress Urge Industrial
Democracy Program
Washington, D. C. (ILNS)—Repre
sentative George J. Schneider, of
Wisconsin, who was the candidate of
the progressives and farmer-labor
members for speaker of the house,
called upon the major parties in a
statement to meet the supreme court
issue, which, he said, was blocking
farm-labor objectives.
"The progressive and farmer-labor
group realizes that the supreme court
and its interpretation of certain
phases of the constitution is an ob
stacle in the path of the realization
of our program," he said. "The 75th
congress will be called upon to meet
this problem of the supreme court's
interpretation of the constitution. Will
the majority party face it? We pro
gressives believe that it must and
should be squarely met."
Schneider said that the progressive
representatives from Wisconsin and
the farm-labor representatives from
Minnesota stood for progressive prin
ciples, "principles which are being
increasingly accepted not only in
Wisconsin and Minnesota, but
throughout this land."
"We not only want to preserve
political democi*acy in the United
Stat s we wish to go forward we
wish to progress to industrial demo
cracy, he continued.
"On the basis of momentous events
now shaping themselves, the 75th con
gress will be called upon to give more
than lip service to the idea of indus
trial democracy. Progressives demand
that the wage earner and the salaried
worker shall have in fact, and not
merely in theory, the right and oppor
tunity to organize and enjoy the bene
fits of collective bargaining.
"The New York Times Business In
dex shows production has practically
reached the highest levels of 1929.
And yet there are anywhere from. 8
to 10 millions out of work. Progres
sives have been among the first to
point to this situation of poverty
amidst plenty, and have been among
the most insistent that the federal
government shall make adequate and
full provision for the unemployed. And
we progressives will never forget the
needs and rights of those who wish
to work and cannot fincf it. We go
further: We demand that those able
to work shall be given woi*k, and some
of the most effective means" for sup
plying such opportunity for work for
all, are to shorten the work week to
30 hours to abolish child labor and
to establish high purchasing power
to the masses ol' the people of the
United States."
Buy union label goods and watch
your pay envelope grow!!
There is no code that protects
workers like the union label.
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