Evening star. [volume], April 09, 1937, Page A-11, Image 11

About Evening star. [volume] (Washington, D.C.) 1854-1972

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Labor Board’s
Policies Held
Confusing
Even Wagner Cannot
Discover True Mean
ing, Observer Says.
BY DAVID LAWRENCE.
IT HAS been said that parents some
times do not understand their own
children. So it might be said that
Senators sometimes do not under
stand their legislative offspring.
A case in point is that of Senator
Wagner of New York, author of the
national labor relations act, usually
known as the Wagner law.
The other day in the United States
Senate occurred an interesting debate
between Senator $
V a n d e n b e r g,
whose State of h
Michigan has!
been the victim 1
of “sit - down" §
strikes and Sena- I
tor Wagner wrho I
promised when it 1
was passed in 1
1935 that his law'
would go a long
way toward re
ducing the num
ber of industrial
disputes in Amer
ica. Here is the
exact quotation
David Lawrence.
from the official record:
“Mr. Vandenberg: I desire to ask
the Senator a question for information.
Am I correct in the assumption that
the employer cannot himself invoke
the Wagner act. Is this correct?
"Mr. Wagner: That statement has
been made, but it is not correct. On
the complaint of any one the Labor
Board may act; or it may make in
quiry upon its own initiative . . .
"Mr. Vandenberg: Am I correctly
Informed that the Labor Board by its
own ruling has decided that it will
not, upon its own motion, invoke the
terms of the act?
"Mr. Wagner: I am not informed
as to that, but even if that were true,
it would not prevent an employer or j
an employe from going to the board [
and registering a protest against an
alleged violation of the law. and upon
that complaint an investigation might
be held . . .
Question on Employer’s Right.
“Mr. Vandenberg: Let me go back
to the law again, because I desire to
be sure that I correctly understand
the Senator. Do I correctly under
stand that an employer has the same
right that an employe has to invoke
the act?
"Mr. Wagner: I think so—simply
by appearing before the board and
explaining the difficulty, and upon
that action the board makes an inquiry
as to the violation of law.
"Mr. Vandenberg: Whence arises
all this misinformation then?
"Mr. Wagner: I do not know. There
has been a great deal of misstatement,
even in some of the opinions of lower
courts . . .
Mr. Vandenberg: “I understand the
Senator's own opinion to be that an
employer has the same right as an
employe to apply to the board under
the law.”
Mr. Wagner: "To present his griev
ances.”
It might be supposed that Mr. Wag
ner would know what the National
Labor Relations Board is actually
doing under the authority which the
law he sponsored gave them to admin
ister. Here, however, is what the
National Labor Relations Board said
In its last annual report, which has
been officially promulgated as a public
document:
"It should be noted that only an
employe or a person or labor organi
aatlon acting on his behalf may file
a petition for investigation of a con
troversy concerning representation.
Thus employers of labor may not
request the board to undertake such
an Investigation.”
"True Meaning of Law.”
So It would appear that the labor
board is doing one thing and Mr. Wag
ner, who drafted the law, thinks the
board Is doing something else. And
when United States Senators cannot
discover in a debate just what the true
meaning of a law happens to be in so
far as scope of administration of its
very simple terms is concerned, it need
not be wondered that the general
public is often befuddled, too, by the
multiplicity of laws and provisions of
laws put on the statute books by Con
gress with the expectation of public
obedience.
Incidentally, the labor board has
washed its hands of any possible con
nection with a large number of labor
disputes involving conflict between
labor organizations themselves. It was
plainly stated in the Wagner law that
the board was to determine the
“appropriate unit” for collective bar
gaining. Recently most all the major
labor disputes of the country in which
git-down strikes have figured have
turned, not on wages or hours, but on
representation—wrho shall represent
the men in collective bargaining nego
tiations. The board not only has
refused to hear employers who wanted
redress against conditions produced
by coercion of their workmen by fellow
workmen—this, indeed, is the defect of
the law itself—but the board has
declined to designate the unit for col
lective bargaining as between labor
organizations in dispute, as, for
Instance, the C. I. O. unions and the
A. F. of L. unions. In answer to three
different petitions, the board refused
.to get In cases involving these juris
dictional disputes. The reason given
by the board in its own words is this:
“Tt Is preferable that the board
should not interfere with the internal
affair* of the labor organizations.
Self-organisation of employes implies
» policy of self-management. The role
that organizations of employes even
tually must play in the structure
established by Congress through that
act is a large and vital one. They
I
I
4
The Tareyton
. is always firm
NOW
ONLV
Hiunr
TAREYTON
CIGAHETTCS
7?^^ something almut them you’llliht
Behind the News
Roosevelt Has New, Secret Price Plan—Believed
Scheme to Aid Consumer Goods.
BY PAUL MALLON.
IN EXTREME secrecy, President Roosevelt has been fondling a new plan
for the last two weeks. This time it relates to prices.
He has concealed it generally from congressional eyes. Federal
Reserve Boarders and Treasury money-men have been consulted, but
it Is understood they did not originate it. The author is supposed to be
one of Mr. Harry Hopkin’s bright young men in W. P. A., and both Mr.
Hopkins and Interior Secretary Ickes are behind it—if you can Imagine
that.
Details have been very successfully guarded, but one or two
officials uho have consulted the President have an idea it follows
the price-line which Mr. Roosevelt has been hinting at in his last
two press conferences. He is apparently disturbed about the recent
increases in durable goods, including steel, where the price-rise
followed the new wage and hour arrangement effected by Mr. Lewis
and the C. I O.
The idea is said not to be drastic, but turns Government spending
away from bridges, dams, etc., into things like the Florida ship canal and
rass&maquoaay, on tne assumption
that the prices of consumers' goods /W
will thereby be stimulated. Vr
* * * *
rwoNoeX L
r WHAT MESA
HATCHING-/
L UP|£>tfJ
Tlie man behind the anti- '*
lynching bill is Representative ^
Gavagan, who comes from the V,
Amos and Andy district. A Tam- W
many man, he has successfully U
fought off efforts of Negroes to 1
capture his seat. He got busy early
this session with the anti-lynching '
people and crowded Chairman Sumners of the House Judiciary Committee
into reporting the bill. Mr. Sumners has been proud of the fact that his
committee has never reported an anti-lynching bill during his administra
tion. but the 218 signatures obtained by Oavagan frightened the House
leaders, who feared reprisals and possible defeat.
Senator Wagner has passed the word to his House friends that
he can get the bill through the Senate if the House would act
promptly.
It appears he may be right about that, but the forcing of this issue
during the bitter Senate squabble over Mr. Roosevelt’s Supreme Court
packing plan will help the split within the Democratic ranks. Several
experienced Democratic Congressmen are expressing the opinion privately
that, if the President wins his court packing plan and the anti-lynching bill
is passed, the cleavage within the party will not be healed during this
administration.
* * * *
The new Federal Reserve Board bond-buying policy was not an
economic move, but a life preserver for Mr. Morgenthau. Despite all the
many funds administered by the Treasury Secretary, he actually was short
of ready money with which to support the bond market, in the face of the
natural economic tide of increasing interest rates, commercial loans, com
modity prices, recovery. This may be disputed with official figures, but is
nevertheless true.
The step really runs counter to the economic theory of Federal re
serve policy. Chairman Eccles has put into effect two hoists in reserve
requirements. He did it to keep prices down, to hinder inflation. The theory
was that, by increasing the reserves required of banks, he could keep them
irom lending tnat money in ine
stock, commodity or business
markets, where it might be used to
make inflation boom.
But he ran counter to the
policy of Treasury Secretary
Morgent.hau. who was trying to
make the banks carry the vast
Federal debt at low interest rates.
Some banks had to sell their bonds
In order to meet new reserve re
quirements. Whatever selling there
was ior tms ana otner purposes hurt Mr. Morgenthau's bond market,
blocked his game.
There is some talk now about Federal Reserve reducing the
reserve requirements again so as to get out of Mr. Morgenthau's way,
but the suggestion is premature, if not facetious.
The change undoubtedly represents only a temporary halt in Chair
man Eccles’ boom control moves. If business keeps expanding and interest
rates keep going up, what he will do is problematical. He says: "Balance
the budget, not theoretically, but really.”
That appears to be not only an economic desirability, but a financial
necessity.
* * * *
A capable business man was asked the other day the usual question of
greeting, "Well, how do things look to you?” His response was this story:
"My mother once had an old colored cook, Dinah, whose husband was
very 111. Mother went down to the kitchen one morning and asked Dinah
how the husband was getting along. The reply was:
“ ‘Well, the doctor says he is improving, but ah doesn't know whether
it is for the better or for the worse'."
(Copyright, 1837.)
will best be able to perform that rule
if they are permitted freely to work
out their own solution to their own
internal problems.”
Seen Internal Affair.
Thus the disputes between different
types of labor unions, involving as
they do today “sit-down” strikes and
lawlessness, coercion of innocent work
ers and economic lasses to the Nation
as a whole, seem to the labor board
to be just an internal affair of a
couple of union groups here and there.
This is in marked contrast to the
idealistic purpases and objectives pro
claimed when Senator Wagner and
President Roosevelt participated in a
pen-signing ceremony with moving
picture cameras reeling off a new era
of industrial peace for America. To
day the national labor act is to all
intents and purposes a dead letter
because the labor board is influenced
by President Roosevelt, who in turn
has a political fear of the power of
John Lewis. The Wagner law prob
ably will be declared invalid in cer
tain sections next week, but it con
tains the foundations of a good labor
policy for America provided it can
be amended to include among “unfair
labor practices” the misguided acts of
over-zealous labor leaders as well as
of unscrupulous and tyrannical em
ployers.
tCopyrlsht, 1937.)
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NOrth 1341
PULITZER LIST AWAITED
Prizes in Letters and Journalism
to Be Announced May 3.
NEW YORK. April 9 -Dr. Nich
olas Murray Butler, president of Co
lumbia University, will announce the
Pulitzer Prize choices in letters and
journalism for 1936 at the annual
alumni dinner of the School of Jour
nalism May 3.
This announcement yesterday was
made along with a statement the Ad
visory Board of the Columbia Gradu
ate School of Journalism, which func
tions as the Pulitzer Prize Committee,
will meet April 30 to select the prize
winners.
Boy, 7, Governor of Hospital.
George Thornton, 7, of Mottingham
is the youngest hospital governor in
England. He has just been elected a
life governor of the Royal Eye Hos
pital, Southwark. The honor was con
ferred on him because of his success
as a collector for the hospital. George
was a patient at the hospital two yews
ago.
CTHE opinions of the writers on this page are their own, not
necessarily The Star’s. Such opinions are presented in
The Star’s effort to give all sides of questions of interest to its
readers, although such opinions may be contradictory among
themselves and directly opposed to The Star’s.
Police Jail Terrorism
Third-Degree Tactics Liked to Nazi Concentsation
Camps by Writer.
BY DOROTHY THOMPSON.
ALTHOUGH we are Immensely
proud of our civil liberties
and teach every school child
the contents and Implications
of the BUI of Rights of the Constitu
tion, few people In the still free and
so-called civilized world permit daUy,
hourly, such crude and brutal In
r r l n gements of
those rights, from
duly constituted
officers of the
law, as we do.
For minor of
fenses we permit
ourselves to be
lectured and bul
lied by the police,
although their
duties Include no
such privileges.
And heaven help
any of us who
may, rightly or
wrongly, be sus
pected of a serl
Dorothy Thompson. |
ous crime. For without submitting
the case to the people, the local police
will suspend of themselves the fifth
amendment of the Constitution, under
which no person In a criminal case
shall be compelled to be a witness
against himself The brutalities of
Nazi S. A. men. the castor oil tactics of
the Black Shirts have all been de
scribed In detail for a horrified Ameri
can public. But they are the same
tactics which our own police officials
blithely employ continually, in fla
grant violation of the basic law.
Nor Is that all. The sixth amend
ment to the Constitution entitles
every citizen to a speedy trial by
an impartial jury, and the eighth
amendment forbids excessive bail or
"cruel and unusual punishment”—
the latter even after conviction. But
punishment which ought to be un
usual and is certainly cruel Is in
flicted on American citizens regularly
In police jails before they have even
been indicted for crimes, to say noth
ing of being convicted. And as our
law operates there is little they can
do about it.
The most appalling case recently
was that of Frank Monaghan, a hotel
man of Uniontown. Pa., father of a
Yale professor, who was aYrested In
Fayette County, Pa. for ‘‘driving
while intoxicated" and was hideously
beaten to death by detectives and
policemen in the fingerprint room of
the jail. The autopsy, I am in
formed. revealed that he had not
been drinking. Eleven ribs were
broken, his skull was crushed, his
nose and jaw were broken and he was
badly cut up as well. A local reporter
testified that he overheard the man
cry, "My God, don't do that ... I
can't stand that . . . Give me a
chance! Don’t put me under there!
I can't stand it!" He was 64 year*
old, and this was the United State*
of America in the year 1936. Seven
men have been indicted for murder.
When it goes that far, some one,
maybe, will be held responsible. But
if Mr. Monaghan had escaped with
his life, we probably should have
heard little more about it.
Only the other night I met a dis
tinguished Frenchman who is visit
ing in this country at present and
- who recalled a journey here several
1 years ago. He bought a fourth-hand
car in California, drove it to Penn
, sylvania, there it broke down, and
I the repairs were so formidable that
i he offered to sell it for a few dollars
to the local garage man The stenog
rapher in the office where he had
purchased it had mistakenly regis
tered the engine number, which led
to the suspicion that he had stolen
the car. He was escorted to the local
Jail and there set upon by three
husky cops, who punched him in the
jaw and in the abdomen in an ef
fort to extract a "confession." He
was saved from plain and fancy in
quisitional torture by the fact that
he carried in his pocket a friendly
letter from a rich and well-known
American industrialist, and the en
counter ended with a bruised Jaw
and a dinner tendereed the prisoner
by the police. The point of the story
is that the three energetic cops
seemed to have no remote concep
tion that they were guilty under the
law of criminal assault and battery.
These cases are called to mind
by the Oedeon case. Police Commis
sioner Valentine said that Mr. Oed
eon was not beaten. “The man," he
is quoted as saying, “had a double
hernia, and I told the boys not to
touch him.” The remark is bril
liantly illuminating. The boya were
told not to touch him, not because
“touching” him is illegal, not be
cause Mr. Oedeon, were he black
with crime, had certain rights un
der the Constitution and the law,
but because he had a double hernia!
Apparently, “the boys” steered clear
of his abdomen, because he issued
from his thirty-three-hour uninter
rupted “cross-examination” with only
a badly bruised face, neck and ear.
But if “the boys” had shattered Mr.
Gedeon’s eardrum and deafened him
for life, if they had put out one
of his eyes, and if afterward it
should be revealed that he was to
tally innocent of the crime to which
he was being “urged” to confess, Mr.
Gedeon would have no resort except
to try to indict the individual police
men who were responsible.
Similar Situation Abroad.
In England or In France the heirs
of Mr. Monaghan and the French
professor would all have had cause
to sue the state Itself, and they could
certainly have collected handsomely.
And any one of these cases would
have so inflamed public opinion that
It might easily have caused the fall
of a cabinet!
Not only are these tactics uncon
stitutional and criminal, but they
are, from the viewpoint of Intelligent
penology, plain idiotic. The police
themselves think that whoever killed
the Gedeons and their lodger was
demented. They are looking now for
a homicidal maniac—who had been,
according to the reports, in two or
three asylums and discharged as
"cured.” In any country where there
is intelligent treatment of crime such
a suspect would be hospitalized and
cross-examined, not by half a dozen
bruisers with rubber hose, but by
trained psychiatrists, who would
almost ceptainly extract convincing
evidence one way or the other. Not
since Galileo has a confession wrung
from a man by toture been con
sidered by civilized men to be worth
the paper it is written on.
Apart from that, the character
assassination which goes on in our
enlightened country during criminal
processes baffle* description. Mr.
Gedeon has already been tried and
practically hanged in half the news
papers of New York. His hands are
strong, his eyes are peculiar, his ways
are strange. He happens to be an
upholsterer, who has acoess to pri
vate dwellings, and I should think
that after all that has been written
his business with respectable house
holders would be ruined. Now the
mad rculptor is being publicly tried,
not by an impartial Jury, but by the
police commissioner, who flatly an
nounces to the world that he is the
guilty man, and by half of the press
of the city. Maybe Mr. Irwin, if and
when apprehended, will be found to
be as guilty as the Borgias. but he
isn't, according to law, guilty yet.
And in England, half the newspapers
of New York could be prosecuted for
criminal libel.
Sees Law Losing Respect.
Respect for law is not engendered
by these methods. Thousands of peo
ple in this country still think that
Hauptmann was not guilty; first,
because he was tried both ways in
the press, and. second, because the
people distrust police methods.
There are two bills pending In
Albany to stop *hird-degree methods
in New York State. They ought t«
be passed. And since the Monaghara
and Gedeons can hardly appeal tc
the Supreme Court, similar bills
should be introduced everywhere
What are our police prisons anyway?
Nazi concentration camps?
(Copyright, 1037.»
Shillings Counterfeited.
Counterfeit shillings found at
Bradford, England, contained mori
silver than genuine shillings.
A Surrealist's impression of a
#
man without Wilkins Coffee.
This Changing World
Europe Sees Effort of Mussolini to Bring Show-down
With England on Spain.
BY CONSTANTINE BROWN.
EUROPEAN statesmen are fretful again. It looks as If Italy means
to bring about a show-down with other "Interventionist” nations In
Spain. And when one talk: about Italy, It must be remembered
that Germany Is being Involved too. Whatever Is done by Mussolini
has Hitler’s approval and vice versa.
* * * *
The attack on the British destroyer Garland by alleged Spanish In
surgent airplanes might prove a delicate problem for the Rome and London
diplomats, li tne Deuel oi British
naval quarters that it was a
wanton provocation is correct.
Rebel airplanes attacked twice
on Tuesday the British destroyer.
There is no question that no air
man can really hope to hit a small
vessel from 10,000 feet distance.
Naval maneuvers have shown that
a squadron of airplanes would have
a hard time hitting a 35,000-ton
battleship. The chances of one or
two airplane* Hitting a 1,200-ton vessel going at high speed and zig
zagging are less than nil.
The airplanes flew the rebel colors. But that does not mean that
they were Spanish. The opinion in certain British quarters is that the
airplanes and the pilots were Italian and that the attack was planned in
Rome in order to force the British to a show-down with Gen. Franco. The
purpose of such an incident is to humllate the London government. Franco,
who has not replied to a note the British sent him some six weeks ago,
had instructions from Rome not to give a satisfactory answer to this new
British protest. And Mussolini would like to know how the British are
going to take a direct insult to his majesty’s navy.
* * * *
On the other hand, it appears that H Duce is determined to put an
end to the farcical proceedings of the London non-intervention commission.
It is an open secret all over Europe that despite the pious
expressions uttered by diplomats in London, every nation interested
in the Spanish civil war is sending military support to the faction
they favor.
The fact American volunteers have been arrested on the Spanish
French frontier has absolutely no significance. It was Just window dress
ing. The authorities knew that a score or so of Americans would not decide
the victory of the Loyalists; in the meantime, the publicity attached to
the arrest of the American citizens would indicate that the non-intervention
agreement is being honestly enforced.
Mussolini’s and Hitler’s intention to stop the farce and put things in
their proper light might bring about a crisis. II Duce does not want to
•’smuggle” his men into Spain. He wants freedom of action. Italy and
Germany have made it a point of honor to defeat the ‘‘reds” as the
loyalists are called. And as things are going on, it looks as if Mussolini
we have to throw off all pretense of neutrality.
* a * *
It is because these war clouds are getting heavier, that the Belgian
government has decided to revert to its pre-war neutrality guaranteed by
all would-be belligerents. Belgium does not want to take a chance of be
coming the battlefield of Europe
once more.
rne situation in Leopold s
kingdom is as follows: Since the
end of the World War there has
been a slow, but sure movement t
towards a policy of Independence I
from any compromising military |
entanglements. Leopold is a consti
tutional monarch who does not 4
want to usurp the functions of
his ministers. But he is willing
BELGIUM
10 Decome tneir moutnpiece wnenever necessary, it is lor this reason that
a few months ago he announced that Belgium wished to return to her pre
war status as a neutral.
The Belgium Flemish nationalism won its way among the
younger generations. This movement was centered chiefly in the
preservation of the Flemish language identical as a literary tongue
with Dutch.
The Nazis saw in this move their chance of winning a brother Ger
manic people, and soon, in alliance with the Flemish nationalism, there
sprang up under M. Degrelle, the Fascist Rex party.
In the meantime, the more sober sections of Belgian opinion—Catholics,
conservatives, etc.—did not like the connection with France.
The Belgian general staff approves the “back to absolute neu
trality" move because they figure that if ever France went to war
with Germany it would be only to repeal an aggression against
Russia or Czechoslovakia.
Leopold presented the case of his people in London. Eden and the
other members of the British cabinet listened attentively to the young
King and in all fairness to their former war ally, they could find no flaw
in Belgium's request. Thus, whether they wanted it or not, the British
agreed to support the Belgian thesis.
(Copyright, 1937.1
Headline Folk
and What
They Do
Dr. Nash Holds Leisure
Is Dangerous to
Civilization.
BY LEMUEL F. PARTON.
FOR the last 8 or 10 years Dr.
Jay B. Nash of New York
University has been turning In
alarms which cry the mortal
| danger of leisure. Currently, he tells
an audience of educators at Spokane
that “no great civilization ever has
developed leisure and lived.” He sees
no reason why America should be an
exception.
Dr. Nash, professor of physical edu
cation, is, incidentally, an official of
the American Posture League. Con
sidering the fact that Sitting Bull
seems to be the country's patron saint
just now, it might be inferred that
the professor is scolding the slt
downers, but that isn’t it at all. He
was warring against leisure long be
fore the start of the recumbent, or
semi-recumbent, era, mainly on the
grounds that leisure makes an alto
gether flabby and useless human race.
He feels pretty deeply about all this,
and usually brings in Rome and its
decadence, as he did in the Spokane
address.
A friend who has been back-trail
ing the Latin poet, Ennius, in his
native Calabria, fills me in with the
story of the leisure issue in Rome
about 200 B. C. Certain gloomy citi
zens were insisting that, with the
gladiatorial combats and such, Rome
was becoming a nation of kibitzers
and would surely go to the dogs. En
nius, a genial skeptic, the author of
I the “Saturae,” commented on the fact
that the rational organization of
leisure “made it more of a business
than business itself.” Seneca was
disquieted by the "vices of leisure.”
but Cicero considered it “the mother
of philosophy.” There seems to have
! been sharp disagreement among the
I Romans.
For 15 years Dr. Nash was director
of physical education and superin
tendent of playgrounds at Oakland,
J Calif. He was an instructor in edu
! cation at the University of California
| and has been on the faculty of New
York University since 1926. He is a
j member and officer of many societies
i in the field of public health and
j recreation, a vigorous protagonist of
j Industrious leisure.
Clarence Darrow once said that he
became a lawyer because he wanted
> to get out of hard work on the farm.
"The easiest jobs with the shortest
hours always pay the best," he added.
Gene Sarazen hated school when he
was in the eighth grade and quit to
1 help his father, an Italian contractor,
! build houses. Driving nails developed
a steel wrist.
One thing that bothers Dr. Nash is
that, as a nation, we suffer from
“spectatoritis.” That, of course, sug
gests base ball, and in the news is
another reminder of the thin line be
tween leisure and business. The De
I partment of Justice, responding to the
appeal of Representative Raymond J.
Cannon of Wisconsin, orders an in
vestigation to ascertain whether major
league base ball violates the anti-trust
! laws.
(Copyright. 1937.)
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KUPPENHEIMER SUITS ... HO
GROSNER SUITS, $29.75
(Extra Trousers in 5 Patterns, $6.50)
GROSNER
of 1325 F Street
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