Evening star., 1936-01-18
ARGUMENTSONA.P.|
INJUNCTION HEARD
Judge Reserves Decision in
Labor Relations Board
Case.
~ the Associated Press.

By the Associated Press.
NEW YORK, January 1S.-Federal
Judge William Bondy yesterday heard
arguments on the motion OF the AS
sociated Press asking a restraining
order against the National Labor Re-
lations Board from holding hearings
regarding the dismissal OF an employe
and a declaration as to the consti-
tutionality of the Wagner labor rela-
tions act.
At the close of the hearing Judge
Bondy reserved decision On the motion
and set next Thursday as the date for
submission Of briefs.
John W. Davis, counsel for the
Associated Press, in his argument
contended the entire labor relations
act was unconstitutional and asked
the court to SO declare. Morris Ernst,
counsel for the American Newspaper
Guild; Charles Fahy. counsel for
Gilmore M. Herrick, regional director
of the Labor Board, and David Mos
covitz. general counsel for the board
held that the issue of constitutionality
was not before the court.
Act Held Unconstitutional.
Davis argued that the act is un-
constitutional because relations be-
tween employer and employe were
not related to interstate commerce
and because the act constituted an in
vasion of the contract right under the
fifth amendment to the Constitution.
The defending attorneys contended
the District Court had no jurisdiction
in that the act itself vested the right
of review in the Circuit Court of Ap-
peals and that the Associated Press
had not shown that irreparable dam
age had been done it by the actions
Of the board.
At the close of the hearing there
was a brief clash between Mr.. Davis
and Haywood Broun. president of the
American Newspaper Guild. when the
latter, having been refused permission
to address the court under the courts
power to subpoena witnesses, asked
leave to read a 14-word statement,
saying John w. Davis is asking you
for permission for the Associated
Press to run a yellow dog shop
Stricken From Record.
"Your honor. move to strike that
out" said Davis.
Strike it out" the court instructed.
mo argument on that?" asked
Broun of Davis.
When Broun was first presented to
the court by Ernest, Judge Bondy
asked:
Haven't you adequately represented
your client? I would like to hear Mr..
Broun, but what does 1t accomplish?
I will be brutally frank. All I can
see that would be accomplished in
listening to Mr.. Broun would be to
make news for the papers tomorrow.
THE question is whether this bill
presents sufficient facts for the court
to act upon, and If so, whether an in
junction should be issued. So far as
the court is concerned, knowing the
history Of labor unions and their leg
islative history, and their efforts to get
O better share for labor, and I'm in
sympathy with the labor cause. The
only question is one of law. 1t is
very narrow legal question and I leave
this court room without knowing what
am going to do, gentlemen
Ernst told Of the dismissal Of Nor
ris Watson, a member of the American
Newspaper Guild. by the Associated
Press last October and asserted the
AcSoriated prees had refused m deal
with the Guild, which refusal led, he
said, to carrying the question to the
Labor Relations Board.