Evening star., 1937-01-30
WAGNER ACT GIVEN
SUPPORT IN BRIEF
Associated Press Case Hit
by Cummings Argument
in High Court.
BY the Associated Press.

BY the Associated Press.
A detailed defense Of the constitu-
tionality Of the Wagner labor rela-
tons act was presented to the Su-
preme Court by the Government yes.
terday in q brief filed in the case
brought by the Associated Press against
the National Labor Relations Board.
The Government argument denied
the legislation, guaranteeing collective
bargaining to labor, violated freedom
of the press and insisted it was within
the power of the Government to regu-
late interstate commerce.
The brief. signed by Attorney Cen
eral Cummings. also denied the act
violated the due process" clause Of
the Constitution or deprived litigants
Of the right to trial by jury. The case
will be argued during the week Of
February 8.
SAYS Issues Limited to Two.
Cummings brief also contended
only two issues were before the court
and that the Associated Press had no
standing to assert the acts uncon-
Stltutl0nallty on any OCner.
1T is difficult" it asserted. ito, un-
derstand petitioners contention that
the act applies to all industry and all
employees The act Is, in terms. lim-
tied to the prevention of unfair labor
practices affecting commerce.
1.-THE argument is based upon a
complete misapprehension OF the
facts" the brief continued. because
'the board has never assumed that
the act was one Of general applica-
ton"
Referring to an order by the Labor
Relations Board directing the Asso-
ciated Press to reinstate Morris Wat
,eon. a discharged employe in the New
York Office, the brief asserted:
1.-THE order Of the board does not
violate the guarantee of the freedom
of the press contained in the first
amendment. A valid statute Of gen.
efsi application does not become in
valid when applied to the press.
. "Clearly the present act does not
discriminate against the press, nor
constitute q device to limit It's free
dom under the guise Of a regulation
Of commerce.
Nor does it curtail the privilege Of
petitioner to discharge employees who
exhibit actual bias in editing the
news. Petitioner (the '.5ociated
Press, is accordingly reduced to the
contention that member ce labor
organization must be conclusively pre-
sumed to be biased, a proposition
which is obviously unsound. 80
I'VE admit without qualification that
petitioner has privilege, unaffected
by this act. to discharge an employe
because he exhibits bias in editing the
news. Certainly the free circulation
of opinion would be seriously impaired
If the press could not discharge en-
ployes who have exhibited bias in
news writing.
Privilege Held Same.
"But neither the act nor the order
here involved constitutes the slightest
infringement Of petitioners privilege
In this respect. The statute goes no
further than the requirement that pc
t1tioner refrain from interfering with
its employees in their self-oreanization
Tor collective bargaining, and conse-
quently that petitioner refrain from
dScharg1ng an employe for the reason
That ne belongs to labor organiza-
ton.
THE order of the board imposes no
1urther restriction on the freedom of
petitioner to discharge an employe for
oias in editing news than does the act.
Watson, the only employe ordered
70 oe reinStated, was never claimed by
petitioner to have been discharged on
account OF bias. Ostensibly he was
discharged on grounds of his work
not being on the basis for which he
has shown capability.'
THE board found that in fart
watson was discharged because of his
activity as a member Of a labor or
ganization (the American Newspaper
Guild.
Act Held Free Of Blame.
There is thus no basis for the con-
tention that either the act or the order
IN any way restricts petitioners free
oom to discharge employees for bias
In editing news. The board has made
no attempt so to construe the act and
II any such application of the act were
to be made in the future, the guaran-
tees OF the first amendment could be
invoked"
The Government contended the
business of the Associated Press, "A
worldwide news gathering and news
transmitting association composed Of
newspapers or persons representing
newspapers, plainly constitutes inter-
state and foreign commerce"
. The power of Congress over inter-
state commerce." the brief continued,
is suf1cient to cope with problems
raised by each new form of inter-
communications among the States. ~.
Industrial strife in petitioners New
York City Office would seriously and
directly burden interstate commerce
and involve at least difficult and ex-
tpensive rerouting Of news, and at most,
tx-~S~