Evening star., 1937-02-02
PUBLISHERS BODY
HITS WAGNER ACT
Challenge Measure Before
Supreme Court in Press
Service Case.
Hy the Associated Press.


The American Newspaper Publish
ers' Association told the Supreme
Court today in brief challenging con-
stitutionality of the Wagner labor re-
lations act that Congress has no
power to require newspaper men to be-
long to labor organization approved
by a government agency.
The brief was filed as friend of
the court" in connection with argu-
nents next week on case brought by
the Associated Press against the Ma
tional Labor Relations Board.
Prepared by Elisha Hanson. counsel
Tor the publishers association, the brief
contended that the act, as applied in
the Associated Press case, destroys
the principle of free press as guar
snteed by the first amendment"
1.-THE fundamental question pre-
sented by this case, In so far as it af-
fects. the newspaper publishing busi-
ness" Hanson said, lis whether Con-
gress can create or endow legislative
agency with power to control the va
rious steps and operations essential to
the gathering and the dissemination
Of information by the press; whether
Congress can substitute its judgment
or that of one Of its agencies for the
Judgment of those who under our
constitution are responsible for
the conduct Of the business of the
press.
Denies Congress Power.
,"It is respectfully submitted that
under the provisions of the first and
the fifth amendments Congress has
no power either to compel or to forbid
collective bargaining; that it has no
power to substitute its judgment or
that of one of its agencies for the
Judgment OF those who conduct the
business Of the press.
If newspaper publisher desires to
enter into contracts with his en-
ployes by the terms of which he re-
stricts his right of selection to men,
bers of any particular organization,
Congress is without power to inter-
fere with him in his determination 50
to do.
Likewise Congress is without pow
er to compel newspaper publisher to
enter into such an agreement.
Neither has Congress the power
TO say to a citizen of this country who
desires to engage in newspaper work
that as condition precedent to such
employment he must obtain member
s11ip in a labor organization approved
by one of its agencies.
THE sole question involved in this
controversy is one Of the power Of
Congress to authorize the national
labor relations board to do the things
which 1t has done-to require petit
tioner herein (the Associated Press) to
retain in its employ man whom 1t
regards as no longer suited for such
employment. 1t Is submitted no such
power exists"
Case Involves Discharge.
The litigation arose from an order
by the National Labor Board direct
ing the Associated Press to reinstate
Morris Watson, discharged en-
ploye Of the New York Office. Watson
contended he was dismissed because
Of activities in connection with the
American Newspaper Guild. The As
socisted Press said Watson was dis
charged because his work was not up
10 standard Of previously shown
capacity.
Hanson said the first amendment
10 the Constitution prohibits Congress
from abridging the freedom Of the
press or lettering the essential pro-
cesses in the production OF a news
paper"
Since Congress has no such power"
he added. 'it has none to delegate to
any legislative agency.
THE predominant purpose of the
grant of immunity in the first amend
ment was to preserve an untrammeled
press as vital source of public in
formation"
The brief also contended that the
law "abolishes the right of an indi-
viduaI to contract for his own serv-
Ices, deprives the employer of
the right to make contracts about his
affairs and constitutes q delegation of
power repugnant to the Constitution
0f the Tinted States"