Evening star. [volume] (Washington, D.C.) 1854-1972, 1934-12-04
BOARD SAYS PRESS
bound BY RULINGS
Head of Publishers Associ-
alton Says CalI-BuIIetin Or
-.
der Is Free Press Threat.
BY the Associated Press.

BY the Associated Press.
The National Labor Relations
Board has ruled it can exercise juris-
diction over disputes involving News
paper Guild activities and the ruling
has been challenged by Howard Davis,
president of the American Newspaper
Publishers Association.
Davis, in a statement last night,
said the ruling was a threat to
free press" The board had said argu-
ments presented to it led to the "un-
tenable conclusion" that the Con-
stitution "confers upon the newspaper
business complete immunity from reg
ulation to which publishers do not
consent"
The ruling was given in the Dean
planned he was forced to resign as
rewrite man for the San Francisco
Call-Bulletin because OF his activities
in behalf Of the Newspaper Guild, Or
ganization of editorial employees.
Ordered to Act in 10 Days.
The board, finding that the paper
had violated the recovery act, ruled
yesterday that unless it offered to re-
instate Jennings within 10 days, it
would be cited for Blue Eagle disci-
pline and legal action The paper,
William Randolph Hearst interest,
was offered an opportunity to pre-
sent testimony concerning Jennings
departure from his position.
The paper contended the board
could not hear newspaper cases. 1t
insisted the executive order creating
the board, if applied to the papers.
would modify the code without the
publishers consent, contrary to the
constitutional guarantee of . free
press.
Saws Code Draft Flaunted.
The text of Davis statement fol-
lows:
The decision of the National La
Dor Relations Board in the San Fran
cisco Call-Bulletin case is threat to
a free press in the United States.
1T nullifies the freedom Of the
press reservation contained in the
daily newspaper code Article 7 Of
the code for the daily newspaper pub
fishing business was written to pre-
serve the constitutional guaranty of
the free press.
This article provides that no mod
ification Of the code as it affects any
publisher shall be binding upon him
! unless he consents to do it.
without such a reservation in the
code. publishers felt that the press
! of the country might be subject to
governmental control.
This article was approved by the
President on February "a. 1884
without modification. condition or
qualification
Provision Held Meaningless.
To-day the National Labor Rela-
tons Board ruled that this provision
is meaningless, stating that if the
( President should modify the code,
such modification would be binding on
| the publisher signatory to the code
| despite their non-consent to the mod
| ification.
| If this decision Is accepted by
publishers who have signed the code
it nullifies the freedom of the press
reservation in the daily newspaper
/ code.
The code provides a complete
method for adjudication of controver-
sizes arising Hereunder The pub
Usher of the San Francisco Call
Bulletin has been ready and willing
to submit to that procedure. He
declined to assent to other jurisdic-
| ton and in so doing maintained that
he was within his rights under article
z of the code"
Boards Statement.
Said the board:
The logic of the argument ad-
dressed to us. leads to the untenablc
conclusion that the first freedom of
the press amendment to the Federal
Constitution confers upon the news
paper business complete immunity
from regulation to which publishers
| do not consent; that an attempt to
impose a code, or modification of
the present code, would be unconstitu-
tional so far as it concerns non-con-
senting publishers.
What Congress cannot do Is to
pass any law abridging the freedom
! of the press. Apart from this the
newspaper business stands on footing
no different from that of other in
dustrieS > I" I"
IF and when the President attempts
to impose modification that really
does abridge the freedom of the press
it will be time enough to invoke the
constitutional guarantee"