Evening star. [volume], December 12, 1939, Page A-7, Image 7

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

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Labor Board
Probe Called
'Amazing'
Observer Declares
Case For Judicial
Review Is Advanced
By DAVID LAWRENCE.
An amazing set of disclosures ha:
come from the first day's testimony
before the special House committee
neanea djt Kep
resentative ||
Howard Smith, §
Demo crat, of ]
Virginia. Many
questions will be
asked as a con
sequence of the
revel ations of •
the investiga- j
tors who went |
through the Na- 1
t i o n a 1 Labor 1
Board's flies and |a
found memo- 1
r a n d a which §1
were presented
by Edmund Davld Lawrence.
Toland. general counsel for the
committee. These are:
1. Do the labor unions feel that
they own the labor board because
they made campaign contributions
to the present administration?
2. Was testimony taken by trial
examiners in the field distorted tc
produce so-called “findings oi
fact"?
Since the new member appointed
by President Roosevelt, namely, W
M. Leiserson. has testified to the
authenticity of memoranda which
he wrote to other members of the
board charging that he “could not
trust” the "findings of fact” in cer
tain cases because of "irregularities'
In the office of the secretary of the
labor board, there is bound to be
further searching of these cases tc
get at the true facts.
Thus, the courts have ruled that
the "findings of fact” of the labor
board are conclusive if based or
“substantial evidence,” but if the
evidence is distorted, no court ol
review can tell what is surmise and
what is proof. Lately there have
been signs that New Dealers want
to do away with judicial review
altogether, and only last week some
of the justices of the Supreme
Court of the United States engaged
In a colloquy on the importance of
Judicial review. with Justices
Frankfurter and Black rather in
dicating that they did not feel
judicial review of the administra
tive tribunals was as necessary as
Chief Justice Hughes did.
Case for Judicial Review.
If the disclosures before the
House committee telling how “find
ings of fact” are really made are
further analyzed in subsequent
hearings, it may well be that the
case for comprehensive judicial re
view will be compelled by an
aroused public opinion which will
not tolerate “irregularities” in
boards or commissions.
Mr. Leiserson did not initiate the
public attack on his fellow board
members or on the office of the
secretary of the board. He was
summoned to testify with reference
to documents found by the investi
gators on the staff of Committee
Counsel Toland. These memoranda,
however, disclosed the friction in
side the board and the evident
determination of Mr. Leiserson as
a new' member to carry out quietly
and without publicity what is
believed in Washington to have
been an informal instruction from
the President to get at the bottom
of the charges of unfairness leveled
at the board by various unions and
employers.
The mere fact that Mr. Leiserson
wrote his colleagues repeatedly
about the “partisanship” in the San
Francisco office, and that he was
Insistent on rules of fairness in
handling evidence shows that two
members of the board did not accept
his objections and attempt to clean
up situations which, to use Mr.
Leiserson’s terms, actually “smelled.”
Up to now the general feeling
among disinterested observers has
been that the board simply had
within its membership the cus
tomary differences of opinion on
matters of interpretation of the law,
and that such abuses in the ad
ministrative line were incidental to
the enforcement of an ambiguously
phrased law. But the committee's
revelations already show that some
thing fundamental in the attitude
of the field personnel toward their
responsibility caused them to be
either economic or political parti
sans, though a certain amount of
» this is inevitable when Congress
writes a law giving as broad dis
cretionary powers as the Wagner
Act has given the board.
Severe Employer Critic.
Even Mr. Leiserson, who, inci
dentally, is as severe a critic of em
ployer attitudes as any one in Wash
ington, having served for several
years as chairman of the Railway
Mediation Board, says that he does
not believe Congress intended to
give the National Labor Relations
Board the power to decide in its
own discretion what is or is not an
appropriate unit, but to take the
customary form of organization and
see that collective bargaining was
assured.
The House committee is appar
ently about to do a thorough job of
investigation, as the House resolu
tion requires, of both the operations
of the board and the law. It will
run up against a good deal of evi
dence of the nature of innuendo
and it will be an ironical commen
tary on the habits of some of the
trial examiners in baiting attorneys
and employer witnesses when new
surmises and inferences based on
testimony will produce impressions
unfriendjy to the board itself. Thus,
when a memorandum says that the
head of a major union telephoned
an official of the board and said in
fojJJPlaint about an adverse decision,
* # s not what we pay our money
for,' it will be improperly assumed
m somp quarters that this means
j the use of money in directly influ
encing the board's decisions when,
actually, the author of the comment
undoubtedly had in mind the huge
C. I. O. and other union contribu
tions to the administration’s cam
paign fund in 1936.
This introduction of the subject
of political contributions may open
! up a line of inquiry as to whether
the Federal Corrupt Practices Act,
which now forbids campaign con
tributions by corporations, should
i not be amended to exclude also all
! campaign contributions from labor
unions.
The Smith committee has had a
sensational beginning and there are
j rumors of still further revelations.
At least the public will hear a side
of the labor controversy—the inside
operations of the board and the
unions—which hitherto has been
kept from view, and Congress will
have a lot more information than
it has had before concerning the
need for amendment of the Wag
ner Act.
(Reproduction Rights Reserved).
Dr. Townsend Plans
i
To Push Pension Fight
By the Associated Press.
PHILADELPHIA. Dec. 12.—He'll
be 73 tomorrow, but Dr. Francis E.
Townsend says he is just warming
up to the fight for his pension plan.
“I feel 20 years younger than I
am." declared the tall advocate of
$200 a month for persons over 60.
“I look forward to many years of
keeping up the fight.”
“But,” he hastened to add. “that
won't be necessary. We’ll beat both
the Republicans and Democrats in
1940.”
Money goes a long way when you
send it to The Star’s Christmas
Heart Fund. You’ll spread the sea
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help.
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The Capital Parade
Roosevelt Is Declared Ambitious
To Be Peacemaker to World
By JOSEPH AL£OP and ROBERT KINTNER.
The President is one of those men who shape their thoughts In talk,
and whatever subject is uppermost in his mind, he discusses it freely with
those around him. In these days, naturally, he is haunted by the war. It
forms a sort of leitmotif of his conversation, whether with friends or
casual callers, interested officials or visiting foreign bigwigs. Lately, in
speaking of the war, he has often played with a novel theory of inter
national relations, which may some day prove of great significance.
This theory is, quite simply, that, in a world conflict whose outcome
; will affect all nations, neutrals as well as belligerents are "parties at
■ interest.” Putting it another way, all nations suffer when one group of
, nations chooses to subject the world economy to the shattering strain
ui a i,ictu w c*x , wiunuir, nil iiauuuo,
whether neutral or belligerent, must
be allowed some say in the eventual
settlement.
The President’s natural am
bition is to act as peacemaker to
the world. The President who could
watch a world war and not wish to
make peace would be a cold-hearted
and abnormal man. The presi
dential theory above mentioned sug
gests one form the peacemaking *
might take.
Forms of Intervention
Serious practical difficulties stand In the wav of putting the theory
into practice. Since it was originated at the State Department last spring
the theory has been interpreted as opening the way for two possible
courses of action:
1. At an appropriate time, when the belligerent nations have lost
their war fever, the President might attempt to force an end to fighting
and acceptance of a reasonable peace.
2. The President might await an armistice, and then intrude on the
\ ictors conference table, declaring his determination to countenance no
such unwise settlement as was made last time.
In either case, the practical difficulties are pretty obvious. The theory
presupposes that the other neutral nations would support the American
! intervention; except as spokesman for the neutrals of the world even
the President of the United States would not have standing enough for
intervention of this type. Yet, as of today, most neutrals beyond the
American hemisphere are too terrified by the onrush of events to dare
any sort of concerted action.
Then, too. the President's influence at best would be one-sided. This
country has been frankly partial to the English and French On them
pressure might well be exerted, for they are heavily dependent on us for
many of their tsar needs. But the Russians and Germans have no such
dependence, and the means to influence them are few indeed. The
President might well prevent another treaty of Versailles, but he could
hardly avert another treaty of Paris like the one that ended the Franco
Prussian War of 1870.
'Shock of Peace'
For these reasons, the theorv should be regarded, for the present, only
TC1ED THAT/
r- £*£**>
y?ef*ir <$
/s!v5 ^p
a* oii uiicucttuai piaytmng ox me
President and his circle. It may be
taken for granted that, while he
would be glad to assume the peace
making role, he will not do so unless
hard-headed assessment of the
circumstances suggests that there is
some chance of success. Possibly
he might even like to use the
strength of this country more posi
■ tively than is now looked for. But,
when the circumstances are ns
sesseci. tne one to which closest attention is directed will be American
public opinion.
Meanwhile, the fact behind the theory can hardlv be questioned.
The United States, the nations of South America, the European neutrals
and every other peaceful country' are all, quite obviously, “parties at inter
est" in the present war.
At this very instant, the war is affecting their economies at many
points. Peace, it is generally acknowledged, also will affect their econo
mies, and the American Treasury is now actually* at work on plans to
"cushion the possible shock of peace.” As for the war's aftermath of un
j rest, poverty and suffering, it will spread over the whole world, just as it
; did last time. The presidential theory at least indicates that the President
is thinking in realistic terms.
(Released by the North American Newspaper Alliance. Inc.)
Mexican Banks Half Trade
In Dollars as Peso Falls
By the Associated Press.
MEXICO CITY, Dec. 12—Mexi
can businessmen, confronted with
a break in the peso to 5.65 to the
United States dollar, expressed hope
today that the peso would find
quickly a new level, providing a
sound basis for future trade com
mitments.
Banks suspended regular trading
in the peso yesterday after it fell
about 60 centavos in relation to the
dollar.
The Bank of Mexico bought an
estimated $500,000 worth of pesos at
5.50 yesterday in an apparent at
tempt to ease the drop, but with
drew from the market in a half
hour.
The peso has been fluctuating
since the seizure of foreign oil prop
erties in 1938, when it broke from
the normal rate of 3.60 to the dollar.
Business observers said the latest
fall resulted from declining oil sales
and the need for dollars to finance
increased purchases in the United!
States. I
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CTHE opinions of the writers on this page are their own, not
x 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.
The Political Mill
Agreement of G. 0. P. to Adjourn Politics
In Next Session Becomes More Remote
By G. GOULD LINCOLN.
With the opening of the new ses
sion of Congress just around ' the
corner, it appears increasingly ap
parent that the ReDublicans will
not again agree
to an "adjourn
ment of politics”
—as they did in
the special ses
sion called to
deal with neu
trality legisla
tion. It is also
apparent that
the Democratic
administrat i o n
would be willing
to lay aside con
troversial mat
ters and speed
to an eariy ad
journment. G. Gould Lincoln.
The interests of the Republicans
and the Democrats in this connec
tion are diametrically opposite. A
quick, non-controversial session
would be tantamount to another
"adjournment of politics;" it would
be virtually a plea for the status
quo—so far as domestic problems
are concerned. The status quo
means a continuance of the New
Deal policies and of the New Dealers
in control of the Government.
Representative Joseph W. Martin,
jr„ of Massachusetts, Republican
leader of the House, has grasped
fully the significance of the de
mands of the Democrats for a short
session, confined to non-contro
versial matters for the most part,
and to appropriations for national
defense and the other expenses of
government. He expressed the
opinion today that Congress should
deal adequately at the coming ses
sion with many serious problems
that confront the country.
Would Revise New Deal Laws.
“These are our own problems,”
said Mr. Martin, “and serious, too.
In the special session this fall we
passed them by—at the request of
the President—to consider only the
arms embargo and neutrality legis
lation. But we do not intend to let
these important domestic questions
slide in the coming session. They
should be dealt with adequately.
There is pressing need. I believe, for
revision of some of the New Deal
laws, and need for the passage of
new- laws to care for conditions that
have arisen.”
It looks as though the demand—
if there is one—for a “breathing
spell” may come now from the New
Dealers rather than from the Re
publicans. The House has a spe
cial committee to investigate the
administration of the Wagner Labor
Relations Act and to make recom
mendations for any changes that
may be necessary. It has already
done a lot of preliminary work, and
its hearings have just gotten under
way. Undoubtedly a strong demand
will come for legislation on this
subject at the winter session of
Congress. The fur will fly when
such a bill is presented.
Amendments to the Wage-Hour
Act also are likely to be pressed. The
Reciprocal Trade Agreement, Act ex
pires next June, unless Congress
further extends it. There is likelv
to be a demand for some kind of
farm legislation. Railroad bills are
still to be finally disposed of. And
finally, there is the matter of na
tional defense.
Must be Sold on Need.
Mr. Martin made it extremely
clear that the Republicans are not
opposed to adequate national de
fense or to appropriations for it.
But what he and his Republican col
leagues are insisting is that there
shall be no more huge “pump-prim
ing” appropriations made in the
name of national defense, if the na
tional defense can get along without
these particular items.
“I have asked Representative
James W. Wadsworth of New York,
chairman of the National Defense
Committee, which was set up by the
Republican organization in the
House, to investigate again and
report on the advisability of all the
recommendations that may be made
for national defense,” said Mr. Mar
tion. ‘‘That committee did a good
job in the first session of this Con
gress. We supported the appro
priations for national defense asked
by the President at that time. All
except for the arming of Guam,
which seemed too far afield to us.
‘‘Mr. Wadsworth was at one time
chairman of the Senate Committee
on Military Affairs. He has always
kept up with national defense needs
and we have great confidence in his
judgment.”
Sees Strong G. O. P. Sentiment.
The Republican leader of the
House is confident, he said, that
Massachusetts, his own State, will
be in the Republican column if a
national election were held today.
And, indeed, that all the New Eng
land States would be also. The war
situation abroad, he insisted, had
not changed the situation there.
The great majority of New Eng
landers want to keep this country
out of the foreign conflict—but a
great many of them have their
doubts, in this regard, about the
Roosevelt administration. It is not
without significance that the Ameri
can Ambassador to Great Britain,
newly returned to this country for a
visit and to report on conditions
abroad, over the week end visited
Boston and delivered an address in
which he said that America must
stay out of this war. Although he
has been a New Yorker for years,
Mr. Kennedy came originally from
Boston.
The New Dealers have a problem
on their hands when the House gets
under way. On January 8 the anti
lynching bill will be called up for
consideration. It is expected that
the measure will pass that body—
as it has done before on several
occasions. The real problem de
velops, however, after the measure >
goes to the Senate, where it has |
1 been blocked by celebrated fllibus- !
i ters. Back of this measure stands
a large group of Negro voters—!
i many of them in politicallv strate- i
gic States of the North and Middle ;
West. They Intend, it is now re- j
ported, to say to the New Dealers, I
"Get this measure through the Sen
ate or else." With an election com- ;
i ing next fall these tactics may put
the New Dealers on the spot.
Bitter Struggle Foreseen.
Unless the Democratic Senators |
from the South have changed their I
attitude, any demand that the anti- j
lynching bill pass the Senate at the !
coming session will bring on a bitter
struggle—the kind of struggle that
will not make for a speedy adjourn
ment of Congress, nor for harmony
in the Democratic party.
Mr. Martin has appointed a spe
cial committee of 10 Republican
members of the House to investi
gate the effects on American pro
ducers of the reciprocal trade agree
ments which have been entered into
by the Roosevelt administration.
Representative Allen T. Treadway of
Massachusetts, ranking Republican
member of the House Ways and
Means Committee, is chairman of
this committee. The trade treaties
have been under fire for many
months, and a number of Demo
crats as well as Republicans, in both
the House and Senate, have insisted
j that, the law authorizing the nego
! tiation of such agreements shall not
be extended,
i —.
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This Changing World
Finns See Actual Help as Only Salvation;
Athenia Suspicions Turn to Moscow
By CONSTANTINE BROWN.
The Finns are asking for active help to stem the Russian Invasion.
Moral support, they say, cannot defeat the advancing Russian hordes.
They are doing more than anybody had expected of them so far, but it
is evident that unless active support in the shape of a blockade of Russia
and the sending of airplanes and troops comes from “somewhere,” they will
not be able to keep the fight up much longer.
The Helsinki government is appreciative of the messages of sym
Ill hmcd ato££
runt
/ *fSSA*€S of
,/^Jynmrvy
pathy and encouragement it re
ceives from all parts of the world
including Germany—but that is nol
enough. It is equally appreciative
of the loans given the country foi
the purchase of foodstuffs anc
medical supplies. But, some high
ranking Finns say, unless more
effective support comes forth, il
will be up to the Russian govern
ment to feed whatever may remain
of the Finnish population.
Hoped for League Action
It appears that the Helsinki government actually believed its appeal
to the League of Nations would move that organization into action. It
was known in Helsinki that some of the neighbors of Russia would object
to the application of article 16 of the Covenant for fear that it might pre
cipitate a Soviet attack against them. As long as the minor nations
stand alone, they are compelled to consider the danger of an attack
from the U. S. S. R. But the Finns had hoped that the major powers
which are already officially at war with the Germans and can hope for
nothing from Russia might take the bull by the horns and coerce the
other nations into applying the penalties provided against the aggressor
by the Covenant of the League. These smaller nations, with tjie sword
of Damocles over their heads, would have been only too happy to cinch
the unequivocal support of the great powers against any aggressor. They
would have liked to be coerced.
The latest reports from Geneva confirm the rumors of last week that
the Geneva club will merely condemn—and possibly expel—the U. S. S. R.
for its unethical attack on Finland. After these energetic steps have
been taken, the League will hibernate again.
Athenia Case Still Probed
Three months have passed since the Athenia was sunk with the loss
of 28 American lives. The relatives of those who were killed have a right
to ask damages from the nation guilty of the murders.
The State Department has been investigating the matter since the
sinking occurred. Legal advisers of the department as yet have filed
no report fixing the guilt, for a good reason. There is no proof that a
German submarine or a time bomb placed in the engine room of the
ship by some German agents caused the disaster.
Furthermore, the cryptic message of Admiral Erick Raeder, the com
mander in chief of the Reich's navy, warning President Roosevelt that
the Iroquois would be sunk under "similar conditions" as the Athenia,
begins to be understood in certain official quarters in Washington. The
belief that the Moscow government is at the bottom of the whole thing
is prevalent in many responsible quarters.
While there is no definite proof that Russian submarines caused
the loss of the Athenia, intended to torpedo the Iroquois or have been
cruising in American waters, there seems to be a good deal of circum
stantial evidence that this is the case.
The Athenia was sunk 24 hours after the war in Europe was
declared. The German submarine commanders, as it was proven later,
had strict orders to wage a humane war—that is to say, after they had
destroyed their victim they had to stand by and pick up the survivors
and see that they are brought to safety. Until the unrestricted sub
marine warfare began, these rules were strictly enforced. Hence, it
seems to many American officials most unlikely that at the outset of the
war there should be just one submarine commander who blundered
against a ship going to the United States—hence Innocuous.
The idea that the British did this themselves in order to get the
United States in a war must, equally’, be dismissed.
Raeder's Cryptic Warning
There have been diligent efforts made to find out what Admiral
Raeder meant when he warned the American Naval Attache in Berlin
about the Iroquois. Those who know the German grand admiral are
unanimous in describing him as an intelligent, highly honorable and
distinguished salt-water sailor. He
could not be fooled by the propa
ganda of the Berlin politicians. He
must have had. it is said In official
circles, some definite motive to stick
his neck out. Recently, reports from
Berlin indicated that Admiral Rae
der actually knew that the Russians
Intended to sink the Iroquois and
allow the crime to be attributed to
the German seamen. The reason
for this, according to the same
i stu a~V ^
«*PeBir*HP 2
fii.r/ ^
buuiucb, is IWU5CUWS aesire to get me uniiea states in a war ana tnus
have the whole world In a turmoil.
The object of getting America involved is the belief of the Moscow
leaders that if this country gets entangled and the expenditure begins
to shoot up, bringing the national debt to twice or three times what it is
now—within a year or so—the people of the United States would no
longer be immune from Communist propaganda. The same upheaval
the Russians expect in Europe would then occur in this country, too.
The German admiral has no particular love for this country, but
he did not want to see the whole world, including the United States,
aligned against the Reich.
'M
So thorough ,,,it almost tempts me!
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Headline Folk
And What
They Do
Engineer Potts, as
Mayor, Solves the
Human Equation
By LEMUEL F. PARTON.
In a small Western town, this writ
er once knew an engineer in poli
tics who, as Mayor of the town, was
driven to a nervous breakdown be
cause, under given stress and strain,
individuals did not react according
to the formula. He died a few
years later, possibly because of this
unhappy experience and it is un
fortunate that he did not live to
study the successful techniques of
Mayor Clyde Potts of Morristown,
N. J., one of the foremost engineers
of the country, who keeps on getting
himself re-elected year after year,
fights off political forays against
him, keeps the town government
running like a watch and who is
now the winner in a lawsuit in which
his technical and not political skill
and soundness were at issue.
He branches out in all sorts of
civic enterprise and has disclosed
a unique mastery of both human
and metallurigical variables. This
has brought him no big headlines
but is at the moment pertinent to
the national drive to advance the
humanities in engineering schools
Mayor Potts comes from deep in
the Iowa cornbelt. where pretty
nearly everybody is an amateur
humanist. He was graduated from
Cornell in 1904 and has been in
Morristown since 1907. He has built
water and sewage systems in many
cities, one of his most interesting
jobs having been rebuilding the
Athens water system. Ever since
the days of Pericles, the thing
bafnJ; be®n working properly and
the Greeks had many a profane
jigtime°r U' He had 11 rleht ^
j His chief hobby is gathering data
and memorabilia on the Revolution
| ary War. He brought about the re
I ?ecl'cat*on of Fort Nonsense and
th® 1,ead in creating Jockev
| Hollow Park, where Washington and
I his Continental Army spent their
; longest winter encampment.
; Washington bill.-Ta new game of
•musical chairs." in which Attorney
j General Murphy will move to the
! Supreme Court, Solicitor General
1 Robert Jackson will become Attor
ney General and Judge Francis Bid- .
; die will become Solicitor General.
! dudSe Biddle is a Philadelphia
lawyer of the ancient clan which
has long been in the national bar
:rister line-up., starting with Judge
I “*ddle s Sreat - great - grandfather,
Edmund Randolph, who was the
! country's first Attorney General.
Like an extraordinary number of
; fervent New Dealers, he is of Groton
: and Harvard antecedents and was
private secretary to the late Justice
Holmes in 1911-12. For more than
20 years, he has been active in
the liberal wing of Philadelphia
politics, having made his political
debut as a cheerleader for Theodore
Roosevelt s "square deal,” In 1934-5
he was the first heah of the N.
L. R. B., and in 1937 was counsel
for the congressional committee
probing T. V. A. He was bom In
Paris in 1886. and is a brother of
George Biddle, the artist.
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SUITS
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Top
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O’Coats
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