The Waterbury Democrat., 1937-02-10
NEW DEAL LAW
 IN SUPREME COURT
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 Labor Mediation Act. Yesterday arguments opened on the first of five caseS challenging constitutional ity of the Wagner act. Today gov ernment attorneys present their first Wagner act plea.
 Associated Press Case
 The case at issue iS that of the Associated Press versus the National Labor Relations Board a test of the boards power to order the rein- statement of discharged editorial worker, Morris Watson.
 John w. Davis, representing the Associated Press. challenged the law as he opened the case. He charged It invaded the rights of the employer and the freedom of the press" guarantees of the Federal Constitu- ton. His plea was heard in silence by the nine justices.
 Davis asked the court to set aside the findings of the second circuit court of appeals in New York city which ruled that Watson had been discharged becauge of his activities in the American Newspaper Guild. The circuit court upheld the validity of the act as applied to the Asso- ciated Press and directed the organ ization to "cease and desist" from coercing and intimidatlng employees who wished to join q union organ- iZation.
 Watson Was Upheld The lower court also held that the Associated Press was engaged in in- terstate commerce and subject to federal regulation. It upheld an order of the National Labor Rela- tions Board to restore Watson to duty and to give him back pay at hB regular salary of $295 a month. Davis, impeccably groomed, one time democratic presidential candi- date and now & bitter foe of the New Deal. told the court that Wat son, in hls duties as 8 reWrite man with the Associated Press, was en- gagged in production and not com mercc.
 The duties of the reporter who prepared news to be transmitted over the Associated Press wircs, Davis argued, were similar to those Of the worker in q steel mill who fashioned steel or a cowherder in the west who chapcrones cattle to a stage of growth suitablc for market. Invades Fifth Amendment Davk, whose brow glistened with precipitation as his address became impassioned. told the court "the act plainly invades the fifth amendment Of the Constitution" by impairing the freedom Of contract. No man
 may gay at what price he may sell his labor nor at what price he may buy"
 He assailcd the majority rule pro- visions Of the law. saying that 1t was necessary in democracy to have majority rule only because no better way ot arranging a government had been found. But 1t Is far different Tor man to gubmlt his will to the majority Of necessity than for a man to submit his right Of contract Into the hands of q majority to barter away as the majority sees it." Davis tald.
 Denied Watson Claim
 DaVs denied the claim that Wat son had been discharged because the Associated Prcts believed hts mem bcrship in the Newspaper Guild would bias his reporting. The argu- ments on the labor cases attracted many to the courtroom. officials of the Associated Press and of the Newspaper Guild were present, but Watson was not. He Is employed on . Works Progress Administration project. Earl F. Reed, Liberty League lawyer and counsel for the Weirton Steel Company in it's fight on the National Industrial Recovery Act, was present read. to attack the Wagner act in the Jones and Laughlifl Steel Company case. test of the Wagner law as applied to the gigantic steel industry. c. Y. Wyzanski, IT,, special assistant of the attorney general, opened hs defense of the law at the close of yesterday,g session. He was to lead A.. M~N~smm mt AS.Aas,ga saasls..