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Evening star. [volume] (Washington, D.C.) 1854-1972, September 09, 1947, Image 4

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Schwellenbach Feels
AFL, CIO Needn't File
Fiscal Statements
By th« Associated Press
Secretary of Labor Schwellen
bach said yesterday he disagrees
with a ruling by Robert N. Denham,
National Labor Relations Board
general counsel, that the AFL and
CJO must file financial statements
with the Government under the
new Taft-Hartley labor law.
Mr. Schwellenbach told a news
conference that Mr. Denham has
written him saying that the NLRB
counsel interprets the law to re
quire such statements from the two
national labor organizations as well
as all unions desiring to use the
NLRB’s dispute-settling machinery.
The Labor Secretary said that
as he interpreted the law neither
the AFL nor CIO should be re
quired to file the fiscal statements,
j However, the Secretary conceded
| that it was not up to him, but to
j Mr. Denham to make the official
] interpretation.
Mr. Schwellenbach said there are
several other "points of discussion"
between the NLRB and the Labor
Department concerning the new la
bor law’s provisions.
DanuivaJ 4m DU C4nU«Ani>
The Taft-Hartley law requires
labor organizations to file financial
statements and some additional in
formation with Mr. Schwellenbach’s
department. It requires the unions
to file still other information with
the NLRB, principally consisting of
statements of union officers dis
claiming any Communist ties.
All the information must be filed
before the NLRB will issue its cer
tification that a union is properly
qualified to use NLRB’s collective
| bargaining facilities.
Mr. Schwellenbach indicated that
i he felt the CIO and APL are not
strictly unions and therefore are
free from the data-filing responsi
bility of their affiliated unions.
Other Questions in Dispute.
The Labor Secretary listed these
as among other questions in dispute
and under discussion between the
two agencies:
1. Whether the Labor Department
is required to police the accuracy of
financial repo its filed by the unions.
The Labor Department's position is
that it cannot be required to vouch
for the statements.
2. Whether the Labor Department
or the NLRB is responsible for see
ing that unions fulfill the Taft
Hartly law's requirement that they
furnish all their members with copies
of their financial statements. Sec
retary Schwellenbach said he feels
the NLRB is responsible for admin
istering this requirement.
Mr. Schwellenbach also disclosed
that he has placed a six-month ban
on any one in his department dis
cussing the Taft-Hartley Act in
public.
“The reason for this is that Con
gress passed a law and in a rather
small way I am responsible for its
administration,” the Secretary said.
"Sabotage” Attempt Forecast.
He added that Republican leaders
in Congress had contended that the
Democratic administration would
“sabotage” the new labor law.
“I chose the six-month period
rather arbitrarily,” he said. "But I
think that six months will be suf
ficient time to evaluate the results
of the act and determine if it io
accomplishing what It was intended
to do.”
Secretary Schwellenbach refused
to express any opinion on the pros
pects of labor peace.
‘‘I have an even better excuse
i than ever in not answering that
I question,” he grinned. ‘‘I have
nothing to do with labor disputes
any more.”
The new labor law removed the
Conciliation Service from the Labor
Department and made it inde
pendent.
AFL
(Continued From F’irst Page.l
non-Communist statements with!
the board.
The council debated compliance
with the ruling of Robert N. Den
ham, NLRB general counsel, all
yesterday afternoon and finally
postponed until Friday a final de
cision in the matter.
The AFX. Council is composed of
13 Federation vice presidents, Mr.
| Green and Secretary-Treasurer
George Meany, all of whom must
sign the Communist statements
under Mr. Denham’s ruling, if any
of the 105 AFL unions is to use
NLRB machinery for bargaining
elections or the filing of unfair
; labor practices against employers.
Legal Questions Explored.
Mr. Green said the council post
poned final action because it desired
to look into some legal questions
involved and wanted "to make in
quiry into the directive of Denham.”
He explained that, while the ruling
requires members of the AFX Coun
cil to file the affidavits, it makes no
such requirements of the CIO Ex
ecutive Board, which has similar
powers and duties in the rival organ
izauon. However, me mne vice
presidents as well as the president
and secretary-treasurer of the CIO
are required to file.
Despite Mr. Green’s optimism over
council agreement on the affidavit
matter, it was learned that a row
over the question developed within
the council.
While a large majority of the 15
members favored going along with
Mr. Denham in the matter, a
minority led by John L. Lewis of
the United Mine Workers, favored
delaying a decision indefinitely in
an attempt to embarrass the NLRB
and Mr. Denham. Mr. Lewis said
he believed Mr. Denham could be
forced to change his ruling.
Lie to Be Guest Friday.
Earlier, Mr. Green predicted the
Council unanimously will decide to
file the affidavits. He will recom
mend that action to the meeting, he
said.
‘‘I still tlflnk it will go through all
right,” he said later in telling re
porters the decision had been de
layed until later in the meeting.
Trygve Lae, secretary general of
the United Nations, will be a guest
oi the Council Friday. Mr. Green
said Mr. Lie would describe the work
of U. N, adding, "We want him to
tell us what, is being done by the
organization to take care of the dis
tressed peoples of Europe.”
A new member was elected to the
Council. He is Charles J. Mac
Gowan, president of the Boilermak
ers’ Union, who now becomes the
AFL’s 13th vice president. Mr.
Lewis moves up to the No. 12 spot.
Mr. MacGowan of Kansas City
succeeds G. M Bugniazet of the
JUDGE T. W. DAVIDSON.
Uphold’s labor law’s Red
clause. —AP Wirephoto.
Glenn Martin Local
Asks UAW to File
Anti-Red Affidavits
By th* A»*o<iat#d Pr»»*
BUFFALO, N. Y„ Sept. 9—The
International Executive Board of
the CIO United Automobile Work
ers had a request today from a Bal
timfore local to file a non-Com
munist affidavit with the NLRB in
order to save the local’s contract
with the Glenn L. Martin Aircraft
Co.
The request came yesterday from
a committee of Local 738, Balti
more, as the board's quarterly meet
ing got under way.
The Taft-Hartley labor law re
quires all union and local officers
to file non-Communist affidavits
under penalty of not being recog
nized by the NLRB. Top UAW
officials have said they are opposed
to filing the statements.
Had Plurality in Balloting.
The problem, explained by the
Baltimore committee, shapes up
thusly:
Local 738, which held the Martin
contract for several years, received
only a plurality in a summer collec
tive bargaining election requested by
the International Association of Ma
chinists, independent.
An examination of about 600 chal
lenged ballots would give Local 738
a majority over the IAM and an
antiunion bloc, the committee said.
However, the NLRB refused to cer
tify Local 738 because of the UAW’s
refusal to file the affidavits.
Should a new election be ordered,
Local 738 would not appear on the
ballot for the same reason.
The problem on which the board
took no immediate action, was em
phasized by a CIO decision last
week to postpone consideration of
the Taft-Hartley law and the new
NLRB until the CIO convention
next month.
Reuther Announces Candidacy.
Yesterday's session included the
expected announcement of Presi
dent Walter P. Reuther's candidacy
for election. Mr. Reuther said he
il/l dlcAiicv Viie v»l o + fnrm c P
time before the national UAW con
vention at Atlantic City in Novem
ber,
The board also passed a resolu
tion granting a request to create
a national garage workers’ council
to organize mechanics throughout
the country. The request was made
by Ray Dooe, president of Detroit
Local 415, who also obtained a prom
ise of financial aid to 1,500 member
garage mechanics now on strike.
'Class' Freight Rate Boost
Is Approved in Virginia
By the Associated Pres*
RICHMOND, Va.t Sept. 9— In
creases sought by Virginia railroads
on rates for intrastate “class* ship
ments of freight were granted by
the State Corporation Commission
yesterday.
Denied by the SCC, however, was
a petition by the rail carriers for an
increase of about 20 per cent in
intrastate rates on fertilizer.
Yesterday's SCC order had the
effect of raising from 20 to 22Ms per
cent the increases granted on intra
state shipments in an earlier case
before the commission. The rise
applied to both “official” and "South
ern'’ territory, and was based on
preliminary changes of a 10 per cent
increase in “official” territory and a
10 per cent cut in Southern territory.
The Virginia changes w re made
to conform with interstate rate
changes ordered by the Interstate
Commerce Commission.
The new freight rates may be made
effective within 10 days, the SCC
order said.
In the fertilizer rate case, the cor
poration commission found no jus
tification for reversing its decision
recently against an increase. Last
January, the SCC had allowed the
railroads to make permanent a tem
porary raise in fertilizer tariffs.
Tuck Calls for Observance
RICHMOND, Va„ Sept. 9 (IP).—
Gov. Tuck yesterday called on Vir
ginians to celebrate September 17
as “Constitution Day,’’ in accordance
with a resolution of Congress com
memorating the 160th anniversary
of the signing of the final draft of
the Federal Constitution.
Senators in the Philippines Legis
lature serve a six-year term; Repre
sentatives, a four-year term.
Electrical Workers’ Union, who re
signed recently.
In connection with the AFL’s
political activity next year, Mr.
Green said the Council will work out
details of the announced plan to
make a general holiday of election
day. He said it will be done through
agreement with employers and that
the workers will not expect the day
off with pay. Those employed by
utilities and other essential services
will not take part in the holiday
which is a part of the AFL’s plan
“to get out the labor vote.”
Cum audit!'
Tasty snacks made with
SALTINES by
KEEBLER
K
Texas Judge Upholds
Anti-Red Affidavits
In Taft-Hartley Act
By th» Associated Press
FORT WORTH, Tex., Sept. 9 —
In the first such ruling on the
Taft-Hartley law, Federal Judge
T. Whitfield Davidson yesterday
upheld the requirement that la
bor unions file affidavits that
their officers are not Commu-j
nists.
The judge declared that the non
Communist provision is fully con
stitutional-legal, consistent and
proper.
The ruling was made at a hear
ing here involving CIO Oil Work
ers' International Union. The oil
workers had filed a petition seeking
to force Edwin A. Elliot, regional
NLRB director, to count ballots in
an election of workers of the Deep|
Oil Development at Wichita Falls,
Tex.
Judge Davidson held that the CIO
had not complied with the law, and
thus the oil workers did not have
recourse to the NLRB.
“The Constitution guarantees a
representative form of Govern
ment,” Judge Davidson declared,
“and it is consistent and proper to
throw restraint around any organ
ization by denying privileges to
those who would destroy this form
of Government.”
Backs Government Control.
Judge Davidson ruled that the
oil workers' union was not eligible
for certification as a bargaining
unit because the CIO failed to com
ply with the provision of the Taft
Hartley law which requires filing
of non-Communist affidavits.
In handing down the ruling on the
non - Communist provision, Judge
Davidson declared it "behooves the
Government to attempt to control
the growth of any system that
would attempt to control the Gov
ernment” since, he said, the Con
stitution guaranteed a republican
form, and the people were expected
to live by the laws which their rep
resentatives made.
The Judge continued, "Commu
nism is recognized as not being a
representative form of government.
• * * Communism is more the dic
tatorial type. * * • Elections under
a dictator are one-sided affairs.
People do not have a free choice.
Provisions Must Be Obeyed.
"If the law means what it says,
the provisions of it must be com
plied with * • •.”
Judge Davidson, in holding that
the Oil Workers’ Union was an
affiliate of the CIO, and that the
CIO has not complied wun me
Taft-Hartley law, said:
“The policy of the CIO is shaped
by Joint action of the several unions
in its membership. Since they
make up the voice and policy of
the CIO, it in turn has influence
over its constituents.”
The election of the Deep Oil De
velopment Co. took place in Au
gust during the transition from
the Wagner Labor Act to the Taft
Hartley law. The election began be
fore the law went into effect, but
was not completed and the ballots
not counted until after the new
act became a law.
Mr. Elliot testified that tabula
tion of the ballots was withheld
by his office in compliance with di
rectives from Washington until the
national officers of the CIO had
complied with article 9, sections F,
G and H of the law. Under thee
provisions, financial statements and
non-Communist affidavits are to be
filed with the Labor Department be
fore the NLRB has Jursidiction oyer
a union’s case.
O. A. Knight, oil workers’ presi
dent, testified that in years past the
union had filed financial statements
with the Labor Department of its
own volition. The union had con
tended that its constitution bars
Communists from membership.
Judge Davidson overruled a mo
tion for dismissal, presented to the
court by David Lindling, associate
counsel for NLRB in Washington.
Mr. Lindling declared that a ruling
by the court would have widespread
effect, and pointed out that the
NLRB has approximately 3,000 such
cases pending.
Following the hearing, Mr. Knight
said he did not know whether an
appeal to Judge Davidson's ruling
would oe maae.
Murray, Carey Will Refuse
To Sign Taft Act Affidavit
WEST HARTFORD, Conn., Sept.
9 (/P).—James B. Carey, CIO na
tional secretary-treasurer, says that
neither he nor CIO President Philip
Murray intend to sign affidavits
denying membership in the Com
munist Party, a move required un
der the Taft-Hartley Act to obtain
NLRB certification.
Mr. Carey, speaking before 50
Hartford CIO leaders at a meet
ing here yesterday, said that his
and Mr. Murray's stand was based
on a conviction that the affidavit
requirement was ‘‘clearly unconsti
tutional.”
He predicted that the NLRB
would, within a month, reverse the
opinion of its general counsel that
leaders of national labor organiza
tions must sign the affidavits be
fore affiliated unions may be cer
tified.
The CIO official said union mem
bers should “openly defy this law in i
the good old American tradition of
the patriots who dumped the tea
into the harbor in Boston.”
Moscow ReportsGreeting
From Gen. Eisenhower
By the Associoted Press
LONDON, Sept. 9—The Moscow
radio said last night that Gen.
; Eisenhower had cabled a congratu
; latory message to the city &l Moscow
I during the week end when the Soviet
; capital was celebrating its 800th
anniversary.
The radio quoted Gen. Eisenhower
as saying he hoped the military j
friendship between the Soviet Union
and the United States would assist;
forever in the consolidation of world
peace.
WAA Finds Quarters
For Stranded Circus
In Old Plane Plant
By tho Associated Press
SEATTLE, Sept. 9.—A Gov
ernment bureau went to the
rescue of a circus stranded by
transportation problems and
today Jocko, the monkey, and
his pals are chattering where
riveters stitched bombers dur
ing the war.
The Sparks Circus, which
winters in Venice, Fla., wound
up its season at nearby Tacoma
and found it couldn't arrange
transportation home immedi
ately. In its search for housing
it turned to the War Assets Ad
ministration.
The WAA located the unused
airplane plant and the circus
moved in.
Freight Rates
(Continued From First Page.)
that a lot of traffic just won’t move
under higher rates, that some of It
will dry up, because the shippers
can’t stand these increasing rates,”
Mr. Lacey asserted.
“The railroads will have to prove
they need higher rates at this time.
We do not think this has been
shown up to now.”
Fertilizer Firm Opposes Plan.
Typical of dozens of statements
filed with the commission by pro
testing shippers was one from the
Armour Fertilizer Works of Atlanta,
Ga., operating plants in 15 States.
It said:
“We are opposed to the tremen
dous increases proposed on fertilizer
and fertilizer materials.
“It is the consumer who ultimate
ly pays the increased costs and in
the case of fertilizers, the farmer.”
Jewel Tea Co. of Barrington, 111.,
told the commission:
“The constantly rising cost of
shipping by rail is forcing our com
pany to go into the transportation
of our merchandise. During the
past 12 months we have added 25
vehicles to our company-owned
inter-city freight hauling fleet. This
change in shipping policy is being
forced on our company through
successive increases in the rail
freight structure.”
Ex-Employe Says Farben
Promoted Unemployment
By fh« Associated Press
NUERNBERG, Germany, Sept
5.—The giant I. G. Farben industrial
empire was accused today before an
American war crimes court of pro
moting unemployment in 1932 to
help boost Adolf Hitler’s National
Socialist Party into power in Ger
many.
Hermann Fritz Ruther, a Farben
employe from 1927 to 1946, made the
accusation in a statement intro
duced by the prosecution to bolster
charges that Farben backed the
Nazis from the start in the hope of
rearming Germany for war and
cashing in on the venture.
As the trial resumed after a four
day recess, the court president,
Judge Curtiss Shake, announced the
case against Max Bruggemann, a
Farben director, would be dropped.
This reduced to 23 the number of de
fendants. Bruggemann is in a
Dortmund hospital suffering from a
serious heart condition.
Referring to Farben's role in the
1932-3 period when the Nazis rocket
ed to power, Mr. Ruther said: "After
the setback the Nazi Party suffered
at the elections of November 8,
1932, a great number of Farben
Leuna employes were laid off. It was
generally believed that this num
ber greatly exceeded the scope of
the reduction necessary."
The first commercial glue plant
was built in Holland in 1690.
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Head of Union Local
Held in New York on
Subversive Charge
By th« Associated Press
NEW YORK, September 9
Michael Obermeier, 54, Munich
born president of Local 6, Hotel and
Club Employes Union, AFL, was ar
rested as an undesirable alien, on a
warrant which accused him of being
a member of a subversive organiza
tion, was announced late yesterday
by W. Frank Watkins, district di
rector of the Immigration and Na
turalization Service.
Only three days before, immigra
tion officials had announced reopen
ing of deportation proceedings
started six years ago against Hun
garian-born John Santo. 42, organi
zation director of the CIO Transport
Workers Union. Hearing was con
tinued until Thursday. Mr. Watkins
said that Mr. Obermeier was served
with a warrant isued by the Phila
delphia headquarters of the service
charging that as an alien he is a
member or affiliated with an or
ganization teaching the overthrow of
the Government by force. The or
ganization was not named.
Mr. Obermeier was released In
$1,000 ball. Martin Cody, secretary
of his union, said its executive board
would meet tomorrow to plan Ober
meier’s defense.
Date for a hearing was not set.
Chiang Sees Kuomintang
Facing 'Gravest Crisis'
By the Associated Press
NANKING, Sept. 9.—Generalis
simo Chiang Kai-shek told the Na
tion’s political leader today the
Kuomintang (government party) was
facing “the gravest crisis in its 20
year history, exceeding even the
Sino-Japanese War period.”
Members of the Kuomintang
Executive Committee said the gen
eralissimo expressed himself as
“ashamed” at the lack of progress
made by the party and the nation
since the end of the war.
He charged the Kuomintang had
“failed to fulfill its responsibilities
toward Sun Yat-sen and the people
of China.”
Except for the party-controlled
Central News Agency and represent
atives of Kuomintang newspapers,
the press was excluded from the
meeting. Party writers were re
quired to submit their reports for
censorship before publication.
Members of the committee hinted
! the generalissimo “said much more,
and much more to the point," but
refused to reveal his exact words.
British Cruiser to Visit
Naval Academy Sept. 30
By th« Associated Press
ANNAPOLIS, Sept. 8.—The Brit
ish Cruiser Sheffield, holder of more
World War II battle honors than
any other ship of the Southampton
class, will anchor in the Severn
River from September 30 to October
6, the Naval Academy announced
today.
During the period. Vice Admiral
Sir William Tennant, commander
of the America and West Indies
squadron, will visit British and
United States officials in Washing
ton. The Sheffield is flagship of
the squadron.
The cruiser will bring a comple
ment of 57 officers and 730 men.
under command of Capt. G. B. H.
Fawkes.
During the war she had a hand
in destroying the German battle
ship Bismark and saw action in
the Mediterranean, Atlantic and
[North Sea.
Lightning produces two million
tons of nitric acid from the air
per day.
115 Years Given for Attack
On Eisenhower Secretary
By Associated Press
SAN FRANCISCO, Sept. 9.
Marion Bryant, 22, colored, con
victed of the attempted rape of WAC
Capt. Kay Summersby, wartime sec
retary to Gen. Eisenhower, today
i faced a sentence of 15 years in Fed
; eral Prison.
Bryant, charged with breaking
into the WAC barracks at Hamilton
I Field, north of here, last February
j 12 and attempting to assault Capt.
I Summersby, was convicted at his
second trial here last week.
An FBI expert testified that
Bryant’S fingerprints were found on
a window, broken when the would
be assailant fled as an alarm was
sounded.
Referring to defense counsel's
; declaration that Bryant was a vic
jtim of discrimination. Federal Judge
\ Louis E. Goodman declared on im
posing sentence yesterday that racial
prejudice entered into neither the
verdict nor the sentence.
‘‘I believe an organization of col- '
ored people that aided in Bryant's
defense was misled." the court said.
"In my opinion Bryant is a menace
to society and for that reason and
that reason alone I have sentenced
him to 15 years in prison.
The jury at Bryant's first trial was
unable to agree.
. IMMEDIATE DELIVERY ON
■]rXnT^|VfVV?TWj/)l
mmmmmmmmmmmmSdi
THE FAMOUS (AIR SEEL)
THE OIL BURNER THAT LOCKS OUT COLD AIRE
Three Years to Pay—Ask About Itl
DISTRICT 0744
W. H. HESSICK & SON, Inc.
14th fir MAINE AVE. S.W.
Have You Seen
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Sporting Goods?
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FISHING EQUIPMENT TENNIS EQUIPMENT
SOFT BALL EQUIPMENT BASEBALL EQUIPMENT
GOLF BALLS BADMINTON MTS
uni muni/ other items
HURRY: THE BARGAIN COUNTER WILL BE
FEATURED ONLY 2 WEEKS
GARRISON
Toy and Novelty Co., Ine.
NA. 1586 1215 E St. N.W.
Burberrys Civilian >
Trench Coats }
IMPORTED FROM ENGLAND ?
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A Burberrys coat typifies British tailoring r 1
at its best... and this is the first shipment
of Burberrys civilian trench coats we have V |
received since 1943. The outershell is of 7* j
the finest Egyptian cotton, with a silky \ |
sheen ... a cloth so fine that it is practi- f I
caHy indestructible. Handsomely styled ^
in a double breasted model with metal y
throat latch, full belt, storm tabs on sleeves. 7>
All sizes Regulars, Shorts and Longs. >
Mail Orders Promptly Filled \
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