Montana labor news., 1937-12-16

lA1lb IL AAA&
course, most of you would still have
to protect your right to be union
men and to get others to join your
union, by the same old recourse to
strikes, picketing and self-help.
You knew that, aside from the con-
stitutional question, there would be
choices to be made in the interpreted
ton of the statute itself, wherein the
board might give to the law a strict
Interpretation according to the letter
which 'killeth" though in violation
of the spirit which "giveth life"
In short, you knew that whether
this new statute was to fulfill its
high purpose would depend in large
measure upon the approach which
the board would make to these prob
lens.
When l spoke to your 1885 con-
v~ention, the board had not yet, as l
have said, made any formal deei-
sions. But it had been in constant
conference in the drafting of its rules
and regulations, the selection of per
sonnet and the general discussion OF
its problems. What was more i'm
portant, it had become acquainted
with the staff of the old board, which
had been transferred to it by the
statute, and had learned more of
what were the evils which the stat
ute was designed to prevent and of
what were the purposes of the
craftsmen of the statute and of the
Congress which enacted it.
I was, therefore, able to tell you
on that occasion what was to be the
attitude of the board toward these
problems. I said, in effect, that we
thought well of the law which we
were to administer and had nc apol-
ogies to make for it; that we thought
the Congress intended the law to
have a wide application and that the
Constitution did not forbid such an
application; and that we were hope
full that the purpose of the law to
promote industrial peace with free
dom and s~elf-respect would be at
tanned by obedience to the law.
Much that is of Importance to you
and to the country has occurred since
October, 1885, in connection with
this law. A kangaroo court of law
yers set itself up and, without hear
ing evidence or argument, pro-
nounced the law void and advised
employers to disregard it. Editors
and columnists who r widely read
but who could by no possibility have
had the slightest comprehension OF
the legal question involved, did not
hesitate to don the judicial ermine
and concur in the decision of this
disorderly court. These shallow pur-
veyors of ideas treated their readers
to the dismal spectacle, almost or
consecutive days, of first advising
employers that the law was void ano
that they need pay no attention tC
it, and next, when employers hac
followed their advice and brought
about strikes, sneering at the law
and its inability to prevent injunc.
tons and strikes.
The extraordinary legal remedy 0.
the injunction, so long and so op.
pressively used against labor, wa
attempted to be used against thC
board to tie its hands and proven
it from administering the law. Many
cases were entangled for months il
such useless litigation, and only b!
the most skillful effort on the par
of the boards legal staff was thi
attack successfully beaten off. Whel
the board did make decisions, the.
were almost never obeyed, and i
became apparent that this law
enacted by the Congress and APP
proved by the President, would no
become the law in reality until j
received the approval of the Su
preme Court. In the nearly twl
years which were consumed il
carrying the test cases through tn
stages of decisions by the board an,
the Circuit Courts of Appeals, to tn
Supreme Court, it was the field stat
of the board, the regional directors
attorneys, examiners, and stenogra
pliers who really bore the heat o
the battle. They were the mes VIII
were in direct contact with you 0
the unions and who were obliged t
tell you that, in the face of a fla
and direct violation of the law, yo'
had no remedy and must wait unit
the law had been further approved
In the most di%scouraging circum
stances, they acted with such couI
age, dignity and tact that they Ok
tanned some compliance with tn
law, they helped to keep alive j
union people the faith that ultimate
, ly they would obtain the righf
I which the Congress and the Pres
\ dent had attempted to give then
! The board and the Washington stat
\ who were in a comparatively she
; tered position, are glad to acknow
D edge their debt to the field peopl
R who carried themselves so admiral.
Y during those times.
! On April 18th of this year Il