Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-04-13
DIGEST OF DISSENTING OPINIONS in FOUR WAGNER CASES
>OMBINING their dissenting
opinions in the labor relations
act cases of the Jones and
- Laughlin Steel Corp, the


Laughlin Steel Corp, the
Fruehauf Trailer Co. and the
Parliamentary Marks Clothing Co.
Inc, Justices McReynolds, Van
Devanter, Sutherland and Butler de-
clared yesterday that Congress had
transcribed the powers granted in
its enactment of the Wagner law.
Read by Justice McReynolds, the
minority opinion contained the fol-
lowing excerpts:
Mr.. Justice Van Devanter, Mr. JUS
tice Sutherland, Mr. Justice Butler
and I are unable to agree with the
decisions Just announced.
We conclude that these causes were
rightly decided by the three Circuit
Courts of Appeals and that their judg-
ments should be affirmed. The opin-
ions there given without dissent are
terse, well-considered and sound
They disclose the meaning ascribed
by experienced judges to what this
court has often declared and are set
out below in full.
Considering the far-reaching import
Of these decisions, the departure from
sistently ruled here, and the extraor-
binary power confirmed to board of
three, the obligation to present our
views becomes plain.
Cites Departure From Principles.
The court as we think departs from
well-eStablished principles followed in
Schecter VS.. The United States, 295
U. S, 495 MAY, 1885 and Carter vs.
Carter Coal Co, 298 U. S. 238 MAY,
1880. Upon the authority of those
decisions, the Circuit Courts of Ap-
pealS of the Fifth, Sixth and Second
Circuits in the causes now before us
have held the power of Congress under
the commerce clause does not extend
to relations between employers and
their employees engaged in manufac-
ture, and therefore the act conferred
upon the National Labor Relations
Board no authority in respect of
matters covered by the questioned
orders.
In Foster Bros Mfg Co. VS. National
Labor Relations Board. IS F. (2d) 984,
the Circuit Court of Appeals, Fourth
Circuit, held the act inapplicable to
manufacture and expressed the view
that if SO extended it would be invalid
Six district courts, on the authority
of Schechter's and Carter's cases,
have held that the board has no au-
thority to regulate relations between
employers and employees engaged in
local production. No decision or judi
cial opinion to the contrary has been
cited, and we find none. Every con-
sideration brought forward to uphold
the act before US was applicable to
support the acts held unconstitutional
in causes decided within two years.
And the lower courts rightly deemed
them controlling.
BY its terms the labor act extends
to employerS-large and small-unlesS
excluded by definition, and declares
that if one of these interferes with,
restraints, or coerceS any employe re-
garding his labor affiliations, etc, this
shall be regarded as unfair labor
practice And labor organization"
means any organization of any kind
or any agency or employe representa-
ton committee or plan which exists
for the purpose in whole. or in part
of dealing with employers concern
ing grievances, labor disputes, wages,
rates of pay, hours of employment or
conditions of work.
Sees Local Industry Controlled.
The three respondents happen to be
manufacturing cornerstone large,
two relatively small. The act is now
applied to each upon grounds COM
mon to all. Obviously what is deter
mined as to these concerns may
gravely affect a multitude of employ
ers who engage in great variety of
private nterprises-mercantile man
ufacturing, publishing, stock-raising,
mining, etc. 1t puts into the hands
of a board power of control over
purely local industry beyond anything
heretofore deemed permissible,
X
In each cause the labor board for
mulated and then sustained a charge
OF unfair labor practices toward per-
sons employed only in production. 1t
ordered restoration of discharged en-
ployes to former positions with pay
ment for losses sustained. These Or
ders were declared invalid below upon
the ground that respondents while
carrying on production operations
were not thereby engaging in inter
state commerce; that labor practices
in the course of such operations did
not directly affect interstate COM
merce; consequently respondents &C
tons did not come within congress
sional power.
X
Test Applied to Smallest.