Evening star., 1936-08-06


the quasi-discreet method of taking a
leave Of absence. Time was when per-
sons who had judicial jobs to perform
on supposedly non-partisan boards and
commissions would not think OF taking
q few months of to engage in direct
political activity. Such things never
were done even under the Old Deal
because they were regarded as a con-
tradiction Of disinterestedness and as
an implication of bias too palpable for
public opinion to countenance.
Under the national labor relations
act, q regional director has important
functions to perform, testimony to be
taken, evidence to be weighed. decisions
to be rendered. The warfare between
employing capital and employe labor
Is sufficiently intense to cause mutual
suspicion to be the basic apprehension
when confronted with a request for
mediation by governmental body.
Today the National Labor Relations
Board Is being fought in the courts
principally because it is suspected OF
being q prejudiced tribunal interested
in only one side of an industrial dis
pute.
Chance for PartisansTip
The Government as an umpire, or as
o holder of the scales of justice evenly,
makes more headway in settling labor
disputes than when the officials are
believed to be in alliance with one
party to the quarrel The regional
director of the New York area has
some important controversies to adju-
dicate These hearings are in the ma
ture OF preliminary trials subject to
review by the Federal courts. But the
rules of the existing statute give plenty
OF leeway to the local boards in enab-
ling them to determine what are the
'facts" in a given dispute and very
often these findings of fact" are
conclusive. leaving only broad ques-
tions Of law to be decided by the re-
viewing courts.
So q regional director who is en-
gagged in a partisan political fight to
organized groups raises in the minds
Of employers who must 60 before such
tribunals the question of whether a
fair hearing or trial can be obtained
In judicial experience any Judge who
took leave of absence" to fight a case
for party who might appear before
his court would be disqualified from
ever hearing any further cases in that
category.
What Is the relationship to the Gov
eminent OF an official who has taken
''leave Of absence? Actually the off,
eial in question has not resigned and
holds office under the laws OF the
United States and is an officer of the
Federal Government. II there had
been a resignation cutting off Of all
ties. including the salary and the
power to use the seal and authority of
the Government itself, there could be
no possible criticism.
Government officials are forbidden
to engage in politics, according to the
rules in various departments. 1t has
always been taken for granted that
members of commissions and judicial
tribunals would keep of the stump.
1t is being said hereabouts to the
credit Of Mariner Eccles, governor of
the Federal Reserve Board, that he
Is refusing to make any speeches in
behalf of the New Deal for fear 1t
would be construed as a participation
by the Federal Reserve Board in party
politics. The custom has been for
persons who act in a judicial capacity
to keep out Of partisan fields.
There Is no possibility, however, OF