Evening star., 1937-02-11
WAGNER ACT SUIT
HEARING FINISHED
Government Denies labor
Law Affects Freedom
of Press.
~ the Associated Press.


After listening to extensive argu-
ments from both sides. the Supreme
Court yesterday concluded its hearing
Of a suit by the Associated Press at
tacking the validity of the Wagner
labor relations act.
Winding up their case. Government
counsel told the court the labor act
Is constitutional and "is not concerned
with and does not affect freedom OF
the press in any respect"
Those contentious were advanced by
Charles E. WyzanSki, jr., special as
sistant to the Attorney General, and
by Charles Fahy, general counsel for
the National Labor Relations Board.
In brief rebuttal statement, John
w. Davis, counsel for the Associated
Press, contended the Supreme Courts
decisions invalidating the national in
duStrial recovery act and the Guffey
coal measure "dooms this statute be-
yond all reasonable hope of recovery"
Arguments Are Concluded.
His statement concluded arguments
on the controversy, caused by Labor
Relations Board order directing the
Associated Press to reinState Morris
Watson. a discharged employe of the
New York Office.
A final decision may be announced
March l or later
Fahy, who discussed the freedom
of the press" phase of the controversy,
for the American Newspaper Guild.
The association, he said. was not re-
quired to keep Watson in its employ
after his reinstatement.
argued that the Associated Press dis
missed Watson because of activities
In reply, Davis contended reinState-
ment of Watson would interfere with
the constitutional right of employers
to select their own employees The
Associated Press said Watson was dis
missed because his work fell below
his capability
Press Shackles Feared.
Davis said Watsons heart may be
Is pure as that of Galahad and he
might be as wise as Solomon" but if
the Associated Press were required to
obey the order, it would be no longer
free so far as the outgivings of the
Associated Press was concerned
Fahy, who argued after ,Wyzanski
had discussed other phases of the
controversy, contended that if Watson
were CHASED or disqualified in any
way" he need no be retained"
THE right of self-organization and
collective bargaining" Fahy said, has
no relation to freedom of the press OF
infringement Of freedom of the press.
He contended the Constitution gave
the Associated Press the right te
handle the news as it saw fit.
Not Shield, However.
But. he continued, the press as
eociation may not raise this issue "a:
q shield behind which to stand while
It stiles the freedom of the individual
employe to associate with his fellow
employees for mutual aid and pro-
lection"
THE mere membership in a labor
organization" he went on, docs not
diSqualify person from expressing
SAAO 2AC"o Ll any tlldI tllC
Associated Press desires"
Davis argued: "A statute which
bases its terms on membership or
non-membership in labor union is
arbitrary and capricious. The power
to regulate commerce must be exer-
cised within the limitations of the bill
Of rights.
MY brother Fahy says, so far as
the freedom of the press Is concerned,
that our contention herein Is that
the first amendment lifts from the
back Of the press the power of Con-
gress to regulate commerce.
First Amendment iCted.
my answer to that is that so far
Is the power of Congress to regulate
commerce infringes the freedom of
the press, the first amendment not
only lifts it; it abolishes it, because