Evening star., 1937-04-12

We think the contention not only
has no relevance to the circumstances
of the instant case, but is an unsound
generalization.
The ostensible reason for Watson's
| discharge, as embodied in the records
| OF the petitioner, is solely on the
grounds of his work not being on q
basis for which he has shown capa-
bility.' The petitioner did not assert
and does not now claim that he had
shown bias in the past. 1t does not
claim that by reason of his connection
with the union he will be likely, as the
petitioner honestly believes. to show
bias in the future. The actual reason
| for his discharge, as shown by the un-
| attacked finding of the board was
his guild activity and his agitation for
collective bargaining.
! The statute does not preclude a
| discharge ON the ostensible ground for
the petitioners action it forbids dis
| charge for what has been found TO be
the real motive Of the petitioner. These
! considerations answer the suggestion
that if the petitioner believed its pol
| ity Of impsrtiality was likely TO be
subverted by Watson's continued serv-
ice, Congress was without power to
interdict his discharge, No such ques-
| ton is here for decision. Neither be-
| fore the board. nor in the court below
| nor here has the petitioner professed
| such belief"
Watson Still May Be Discharged.
Justice Roberts next emphasized
that the act does not require reten-
| ton of incompetent or unfaithful
employees.
The restoration of Watson to his
former position" the majority opinion
| continued, In no sense guarantees
his continuance in petitioners employ.
The petitioner is at liberty, whenever
occasion may arise, to exercise its un-
| doubted right to sever his relationship
for any cause that seems 10 it proper
save only as punishment for, or dis
couragement of. such activity as the
act declared permissible"
Emphasizing the fact that the As
sociated Press and its member news
papers are subject to such regulation
as laws of libel, taxation and anti
trust statutes, Justice Roberts con-
tinued. the regulation herein ques-
toned has no relation whatever to the
impartial distribution OF news The
| order of the board In no wise circum-
scribes the full freedom and liberty
Of the petitioner to publish the news
as it desires it published or to enforce
| policies of its own choosing with re-
spect to the editing and rewriting OF
news for publication, and the petit
| toner is free at any time to discharge
Watson or any editorial employe who
fails to comply with the policies it
may adopt"
Other Claims Answered.
Other contentious of the petitioner
as to invalidity of the act were an
swered in a concluding paragraph of
the majority decision. which follows:
The contentious that the act de-
prives the petitioner of property with
out due process, that the order OF the
board deprives petitioner of the right
to trial by jury, and that the act is
! invalid on its face because it seeks to
regulate both interstate and intrastate
commerce, are sufficiently answered in
the opinion in Texas and N. & O. r.
| Co. VS.. Brotherhood Of Railway and
Steamship Clerks, supra, and in Ma
tional Labor Relations Boards vs.
Jones IL Laughlin Steel Corp, No.
41e. decided this day, and need no
further discussion here"
Conviction that freedom of the press
| is endangered by the national labor
relations act marked the dissenting
opinion of Justices Sutherland, Van
Devanter. McReynolds and Butler.
We shall confine ourselves to that
| question" Justice Sutherland said in
presenting the dissent. "the gravity OF
which is evident; but We do not mean
| thereby to record our assent to all that
has been said with regard to other
questions in the case"
Turning then to pronouncing the
rights of freedom of speech and OF
the press as set forth in the first
amendment to the Constitution, JUS
tice Sutherland continued;
mo one can read the long history
which records the stern and often
bloody struggles by which these cardi-
nal rights were secured, without realiz-
ing how necessary 1t is to preserve
them against any infringement, how
ever slight.
Experience should teach u.s." JUS
tice Sutherland quoted from another
decision, Ito be on our guard to pro-
purposes are beneficent. Men born to
freedom are naturally alert to repel
invasion of their liberty by evil-minded
rulers. The greatest danger to liberty
turks in insidious encroachment by
men of zeal, we'll meaning, but with
out understanding
Closing the quotation thus, the
minority spokesman continued:
"A little water, trickling here and
there through dam. is small matter
IN itself, but it may be sinister men,
ace to the security OF the dam, which
those living in the valley below will
do we'll to heed.
Would Halt Least Approach"
THE destruction or abridgment Of
a free press-which constitutes one Of
the most dependable avenues through
which information of public and gov
ernmental activities may be trans
mitted to the people-would be an
event 80 evil in its consequences that
the least approach toward that end
should be halted at the Threshold.
Congress has no power to regulate
the relations Of private employer and
employe as an end In itself. but only
II that be an appropriate and legiti-
mate menps TO a constitutional end,