Evening star., 1934-07-03
CANCEL|NG n. R. A.
. INSIGNIA UPHELD.
Cummings Gives Opinion in
Hartman, Tenn, Hosiery
Mills Case.
BY the Associated Press.

BY the Associated Press.
Attorney General Cummings for
nally upheld yesterday N. r. AS
withdrawal Of the Blue Eagle from
, the Hartman (Tenn) Hosiery Mills.
ct is entirely conceivable" Cum
mings wrote Hugh S. Johnson, that
proper ground might exist for the
withdrawal of the Blue Eagle. even
though no ground existed or facts are
available for presentation to court
in sufficiently definite form to justify
a criminal prosecution"
Ruling Given in Letter.
Cummings ruling was given in a
letter to johnson. After the Attorney
Generals decision that available evi-
dence did not warrant legal prosecu-
ton of the shutdown hosiery mills.
johnson wrote Cummings:
This is to ask whether your opinion
in this requires me to restore the Blue
Eagle. I will, of course, consider my
self bound by your answer to this
question"
Cummings replied:
To answer categorically your ques-
ton, the conclusion reached by the
Department of Justice with regard to
the suggested criminal prosecution
does not require you to restore the
Blue Eagle" -
The N. r. A. statemett,s making
public the Cummings letter further
said:
The Hartman Co. persists in its
~ ~ OF n nlnCnd
throwing more than 600 employees out
Of work, rather than agree to two of
II points, acceptance of which would
result in immediate restoration Of its
Blue Eagle.
Record Check Refused.
Although it insists that none Of
the employees engaged to replace strik-
ers were recruited from a distance
of 25 miles or more from Hartman,
Tenn, the company declines to per-
NIT an N R. A. auditor to check the
records to establish this fact.
Likewise, the company has fatty
refused to spread work among resi-
dents Of Hartman by adjustments in
cases where new employees, added since
the strike, constitute more than one
wage Garner in family group, while
old employees and their families have
been compelled to seek Government
or State relief"
johnson telegraphed the company
yesterday in reply to telegram chal-
longing his right to continue to with
hold the Blue Eagle:
Il have nothing to add to my tele-
gram of June % to the Hartman
Hosiery Mills or to my telegram of
June 80 to the mayor Of Hartman" !"
Johnson's kilograms referred to the
two points specified above.
Text of Cummings Letter.
Cummings letter, dated June 80,
follows:
This acknowledges your letter of
June %.
The attitude of the Department of
Justice in connection with the Har-
riman Hosiery Co. was communicated
to the National Labor Board in letters
of June 18 and June IS, 1884. We
have given careful consideration to
the matter and can find no reason for
changing our view, which Is to the
effect that the available evidence is
not sufficient to warrant q criminal
prosecution.
"I do not see that this conclusion
has any necessary relationship to any
administrative action you may take.
1t would appear that the regulations
with respect to the issuance and
withdrawal Of Blue Eagles are pro-
mulgated by the National Recovery
Administration as administrative
members, no provisions, so far as I
am aware, appearing in the national
industrial recovery act with respect
to the Blue Eagle. 1t Is entirely con-
ceivable that proper ground might
exist for the withdrawal of the Blue
Eagle, even though no ground existed
or no facts are available for presenta-
ton to q court in sufficiently definite
form to justify criminal prosecution
In determining whether the Blue
Eagle should be withdrawn or re-
stored you will naturally be governed
by the facts within your knowledge
which bear upon the proper exercise
of your administrative discretion.
Therefore, to answer categorically
your question, the conclusion reached
by the Department Of Justice with
regard to the suggested criminal
prosecution does not require you to
restore the Blue Eagle"