Evening star. [volume], July 25, 1940, Page A-3, Image 3

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

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'Executive' Definition
By Wage-Hour Board
Rapped at Hearing
Southern Group and
Movie Executives Voice
Strenuous Objection
Criticism of the Wage-Hour
Board definition of the terms “ex
ecutive” and “administrator” was
voiced today by representatives of
Southern States Industrial Council
and of the Motion Picture Producers
and Distributors of America, Inc.,
at a hearing today at the Willard
Hotel.
J. H. Ballew, counsel of the in
dustrial organization, centered his
fire on the inclusion of salaried of
fice workers in the Wage-Hour Act.
By the word “administrative”
Congress clearly intended to exempt
salaried office personnel, who form
the channel through which the “ex
ecutive” exercises management of
a business, Mr. Ballew insisted.
Says Terms Are Dupliration.
Terming the definition of the
Words executive and administrative
as duplication, Mr. Ballew said that
an Interpretation of the wage-and
hour law to include salaried office
personnel “is in effect legislation by
regulation and an extension of the
act into a field not contemplated
by Congress in seeking to alleviate
the condition of the wage earner.”
He explained that many salaried
office workers are given vacations
and sick leave with pay, and, in
many instances, receive bonuses and
other special gratuities. In addition,
he pointed out that since promotions
to executive positions are made from
personnel who have devoted extra
time and effort to running the busi
ness, the wage-and-hour regulation
fixing the number of hours they are
permitted to work would prevent
them from exercising “this right to
prepare for promotion.”
Referring to employes in banks
and related institutions, Mr. Ballew
asserted that tasks of employes can
not be adjusted to a definite hourly
basis and that specialized workers
cannot be relieved by shift workers.
Criticises Newspaper Limitation.
Shifting his criticism to the hour
limitation in newspapers, he recalled
one instance where a photographer
Was paid a sum largely in excess of
any statutory minimum and whose
overtime was considerably above his
regular salary.
"The assignment of this type of
employe to a fixed schedule presents
an impossible situation,” he re
marked.
In answer to a question by Harold
Stein, assistant director of the hear
ings branch of the Wage-Hour Divi
sion, who presided at the hearing,
whether Mr. Ballew's proposal of a
redefinition of the terms "execu
tive" and "administrative” would ex
empt typists from the Wage-Hour
Act, the witness said that it would.
Hardships worked on the motion
picture industry by the present defi
nition of “executive” and “admin
istrative” were described by Homer
I. Mitchell of Los Angeles, Calif.,
who represented the Columbia Mo
tion Picture Co., Inc.; Samuel Gold
w-yn, Inc.; Loew's, Inc.; Paramount,
Inc.; Hal Roach, Inc.; Twentieth
Century-Pox, Inc.; Warner Bros.,
Inc., and Universal Pictures, Inc.
Aims at Redefinition.
Of the average annual employ
ment in the motion picture industry
of 18,500, Mr. Mitchell said that
13.153 were subject to the overtime
provisions of the Wage-Hour Act.
His aim at the hearing, he said, was
to propose a redefinition of the
terms “executive" and “administra
tive" so that the status of the more
than 4.000 workers whose exemption
from the act is disputed at present
may be cleared up.
In addition, he said that 5.338
more employes would be exempted
If his redefinition were approved by
the board.
At present, he explained, actors,
electrical and mechanical engineers,
found engineers, chemists, make-up
artists and other key people in the
industry, who are professional in
character, are affected by the act.
“But almost all of these employes
are professionals and as such should
fall under the professional defini
tion of the act,” he stated.
For instance, he said, the present
definition of a professional is one
who is customarily engaged in work
which is largely original and crea
tive in character and whose work is
based upon educational training in
a specially organized body of knowl
edge.
Turning to the board's definition
of “administrative,” Mr. Mitchell
pointed out many of what he termed
“executives" or "administrators”
are not regularly in charge of any
department or division as is re
quired by the Wage-Hour Board
definition, but these men are in
charge of small units over which
they have complete control and so
should be exempted from the hours
regulation.
Suffrage
(Continued From First Page.)
general legislation of a national
character. Too often the District is
made the guinea pig on which to
experiment with regulatory legisla
tion of little or no local interest,
because it does not have a voice
In the enactment of its own statutes.
“House joint resolution 257, intro
duced by Chairman Sumners of the
Judiciary Committee, meets with my
hearty approval and will, in my
opinion, accomplish the extension to
the people of the District of Co
lumbia the rights and privileges to
which they as citizens of the United
States are entitled. I shall be happy
to support and vote for the resolu
tion in the Judiciary Committee.”
The poll of the other members of
the committee follows:
Democrats.
Representative Celler, New York:
"The principle is sound. I am will
ing to give representation to the
District of Columbia that will not
conflict with Federal interest. I
hope the Judiciary Committee will
take up the Sumners resolution and
dispose of the question on its merits.
I believe it requires much thought to
draft a proper resolution. I am
particularly anxious to see that no
coercion is exercised on Federal
employes residing here. I will co
operate sympathetically and earn
estly to get an adequate resolution
reported to the House.”
Representative Weaver, North
Carolina: “I am heartily in sympa
thy with the purposes of the Sum
ners resolution and with the plight
of the disenfranchised residents of
the National Capital. I hope to
assist in working out a satisfactory
KANSAS CITY.—DELAYS ANTI-THIRD-TERM MEETING—
Former Democratic Senator James A. Reed said a “flood of ap
plications for participation” led him to postpone a Chicago
anti-third-term meeting originally scheduled for today. He
said a larger gathering will be held later. Reed is shown as he
issued a statement last night in reply to press conference re
marks by President Roosevelt. Reed said that if President
Roosevelt “has forgotten- all my efforts for him in 1932 then
his recollections must be as poor as his judgment.”
(Story on Page A-24.) —A. P. Wirephoto.
resolution to meet the situation
here.”
Representative Healey, Massa
chusetts—Out of the city.
Representative Walter, Pennsyl
vania—Out of the city.
Representative McLaughlin, Ne
braska: "I am glad to see that this
District national representation reso
lution is to be considered. I am in
sympathy with the proposal to grant
suffrage rights to the citizens of the
District if it can be worked out
satisfactorily. There are many
phases and legal aspects which re
quire careful study, and I am sure
that Judge Sumners has gone into
these most thoroughly. I will give
sympathetic study to the question
and will probably support the reso
lution.”
Representative Hobbs of Alabama
wired The Star from his home in
Selma: “There are several reso
lutions on District suffrage pending
before the Judiciary Committee.
My attitude will depend upon pro
visions of resolution finally con
sidered for I'eport.”
Representative Murdock, Utah: “I
think it is high time some method
is worked out to give the people
here some voice in their government
and in making the laws under which
a free people govern themselves. It is
absolutely unfair and unjust that
upwards of 600,000 persons should be
denied the right of a self-governing
people to participate in the Govern
ment. I am sure that the ‘common
interest’ idea can be preserved in
granting franchise to the residents
of the National Capital, so that
there will be no conflict with the
Federal interest, and that the people
here at the seat of Government can
be relieved of the handicap under
which they have lived too long
already. I am fully in sympathy
with them and will give most earnest
consideration to the efforts to give
them a share on Government affairs.
Iam hopeful that an equitable solu
tion can be brought out of the com
mittee.”
Doesn't Make Sense.
Representative Tolan, Democrat,
of California: “It just doesn't make
sense that under our form of gov
ernment there should be at the seat
of government 600,000 citizens—
selected groups from all over the
country, highly intelligent and spe
cialized, many of them with politi
cal experience and ideals of service
to the Government—from whom the
right of suffrage is withheld. I will
be unable to attend the meeting
Tuesday, because I have a previous
engagement to conduct hearings in
New York but my vote will be cast
for the Sumners resolution. I have
already given by proxy to Chair
man Sumners.”
Representative Creal, Kentucky
Out of the city on account of illness.
Representative Byrne—Out of the
city.
Representative Massingale, Okla
homa: “I will vote for the Sumners
resolution. I d like to see the people
of the District get the franchise
and as far as I can help them I
will. I have always been in favor
of such legislation.”
Representative Satterfield, Vir
ginia: Out of the city.
Representative Barnes, Illinois:
Out of the city.
Urges Vote Grant.
Representative Gibbes, Georgia:
“My mind is running along the line
of granting the franchise. It is hard
to see why it should not be granted
under our form of government, the
philosophy of which is that each citi
zen should render allegiance. If our
form of government ever fails it will
be because our citizens have not ren
dered allegiance. How can the 600,
000 citizens in the District of Co
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lumbia render true and full alle
giance if they are denied the oppor
tunity to do so? Every true and
loyal citizen should have an oppor
tunity to exercise the right of fran
chise. I favor giving the District
the right to vote for representatives
who will speak and vote for them in
the national Congress.”
Representative Kefauver, Tennes
see: ‘‘I have always felt that the
people in the District should not be
deprived of the right of franchise
and should have national repre
sentation. I expect to vote for the
Sumners resolution.”
Republicans.
Representative Hancock, New
York—Out of the city.
Representative Michener—“As a
member of the Judiciary Committee
for many years, and having been
attentive at successive hearings on
the subject of District local suf
frage and national representation,
I believe I know all the arguments
pro and con, and the conflicting
interests. I have always been ready
to give the question consideration
and to act upon it, but it apparently
took the Democratic convention in
Chicago to jar the Democrats loose.
It seems strange that if the Demo
crats were so eager that they must,
put this plank in their platform
that they didn’t take the necessary
legislative action long ago. For more
than seven years they have had the
President more dominant than ever
before, and with the House and
Senate having an unprecedented
party majority. Meanwhile the peo
ple of the District have been clamor
ing for years for the franchise. The
Democrats could have passed this
resolution at any time during the
past seven years—if it was a party
issue. They are not likely to find
the Republicans blocking them now.”
Robsion to Co-operate.
Representative Robsion, Ken- J
tucky: “I will co-operate to get a
favorable report to the House on
the national representation resolu
tion. I have never been able to
understand the attitude against en
franchising residents of the Na
tional Capital. When I first came
here 21 years ago, one of the first
statements I made was that I
favored District of Columbia suf
frage, and it was featured in The
Star. I haven’t changed my mind
in any particular. I have always
been eager to vote for it. That will
be my attitude in the committee
on Tuesday and on every Tuesday,
and every other day hereafter until
they get it.
Representative Reed, Illinois.—
Out of the city.
Representative Gwynn, Iowa:
“Quote me as being non-committal.
I think that any proposal to amend
the Constitution is of great im
Prince Felix Arrives
At Annapolis With1
Six Children
Royal Refugee Hopes
To Regain Luxembourg
After the War
By JAMES FREE,
Star Staff Correspendent.
ANNAPOLIS, Md., July 25.—Ex
pressing fear of a European famine
this winter and hope of regaining
his country after the war, Prince
Consort Felix of Luxembourg arrived
from Lisbon aboard the United
States cruiser Trenton with his six
children this morning.
Accompanied by Joseph E. Davies,
former Ambassador to Belgium and
Minister to Luxembourg, the royal
party left about 11:20 a.m. for
Washington where it will be received
at the White House for luncheon.
Later in the afternoon it will leave
by train for the estate of Mr. Davies
on Long Island near New York,
where the visitors will remain for
an indefinite period.
Welcomed by a 21-gun salute as
they cruised into the dock at the
United States Naval Academy,- the
royal family lined up on the dock
for an official welcome at which the
academy band played the Luxem
bourg national anthem.
The Prince and his children stood
calmly at attention and gave no
sign of emotion while the anthem
was played, but tears were noticed
in the eyes of many of the crowd
that gathered to greet them.
The royal party left the Luxem
bourg capital on three hours’ notice
portance and should receive most
careful and long consideration. I
intend to give such consideration to
this question of national representa
tion.”
Representative Graham, Penn
sylvania: "I am favorably Inclined
to Judge Sumners’ resolution. I
hope in committee we will be able
to de something in an affirmative
way. Our party leader, Mr. Martin,
has pledged our minority support.
I have consulted with older Re
publican colleagues who have given
long and careful study to this pro
posal. I expect to vote for it.”
Representative Monkiewicz, Con
necticut—Out of city.
Springer Sympathetic.
Representative Springer, inde
pendent: “District residents should
have had the right of suffrage long
ago. I am very sympathetic and
hope I can help to break down the
bars for them.”
Representative Vreeland, New
Jersey—Out of city.
Once the Summers resolution gets
before the House indications are
strong it will be adopted and sent to
the Senate. The Democrats now in
control of Congress nailed a plank
in their party platform in Chicago
favoring District suffrage. House
Minority Leader Martin virtually
pledged the 167 Republican votes in
the House to a "satisfactory” suf
frage plan late yesterday.
“Of course every Democrat will
vote for suffrage for the District,
and most of the Republicans will
join them,” predicted Mr. Martin.
Casting partisan politics aside.
Representative Martin said:
"I sympathize with the demands
of the people of the District in their
desire to participate in govern
mental affairs. There is no reason
why they should not have a vote
like other citizens of the country.
“I am confident If the Democrats
report a satisfactory suffrage bill
to the House the Republican mem
bership will give it substantial sup
port and it w’ill be passed.”
Representative Martin expressed
his views at a brief press confer
ence in his Capitol office. Although
engrossed with the affairs of the
Republican part* since being chosen
chairman of the National Commit
tee, he indicated he had taken time
to observe recent developments in
connection with the renewed drive
to give the people of Washington
the right to vote.
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LUXEMBOURG PRINCE ARRIVES—Prince-Consort Felix of Bourbon-Parma, at right, is shown as
he landed today from the cruiser Trenton at Annapolis. —A. P. Photo.
on the night of the German Inva
sion, it was learned. They crossed
the French border in the early
morning before dawn and proceeded
cross country to Lisbon, from which
the Trenton sailed eight days ago.
Prince Felix publicly thanked the
United States Government and
President Roosevelt for their “in
vitation” to come to America. He
said that his children would con
tinue their education in this country.
Ho member of the family will apply
for American citizenship, he said.
The prince declined to answer any
questions of a political nature.
The throng welcoming the royal
visitors was headed by Gov. O’Conor
of Maryland and Rear Admiral
Wilson Brown, superintendent of
the academy.
Admiral Brown’s barge, Anita
Clay, brought the visitors in from
the anchorage about 7 miles off
shore. The Trenton had arrived
earlier in the morning.
In a brief interview with the press,
Prince Felix said that he did not
know when the Grand Duchess
Charlotte, mother of the children,
would come to the United States.
Two of the children. Princess Alix,
10 years old, and Prince Charles, 12,
brought a pet dog ashore with them,
ftnd the youngest princess also car
ried a toy airplane. Former Ambas
sador Davies said that he was told
by Capt. J. R. Barry, commander of
the Trenton, that the royal family
had won the hearts of the members
of the crew.
Asked how long the royal family
would remain in this country, Prince
Felix replied: "I don’t know.’’
The prince and his oldest son,
Juan, 19, visited the United States 11
months ago, but the five other chil
dren received their first sight of
American shores this morning. They
included Princesses Elizabeth, 17;
Marle-Adelaide, 16, and Marie-Gab
rielle, 15.
Accompanying Admiral Brown on
the vessel that brought the visitors
ashore were Stanley Woodward,
acting chief of protocol in the State
Department, and Charge d’Affaires
and Mrs. Hughes E. d’Gallain of the
Luxembourg Legation in Wash
ington.
Guests at Luncheon.
The following luncheon guest list
for the White House, meanwhile,
was announced in Washington:
President Roosevelt, the Prince of
Luxembourg, the Crown Prince of
Luxembourg, Prince Charles, Prin
cess Adelaide, Princess Gabrielle,
Princess Elizabeth, Princess Alix,
Mr. and Mrs. Sumner Welles, the
Charge d'Affaires of Luxembourg
and Mme. Le Gallais; Brig. Gen.
and Mrs. Edwin M. Watson, Joseph
E. Davies, Rear Admiral Ross T.
Mclntire, Capt. Daniel J. Callaghan
and Stanley Woodward.
Officially, the Prince and his party
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will have the same status as other
refugees whose transportation has
been under greater difficulties. There
was virtually as much official atten
tion for Prince Felix, however, as
when he was a White House visitor
under happier circumstances last
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