The Washington times., 1937-02-10
WAGNER LAW
RESTRICTED
u. 5. ARGUES
international News Service


probation limiting the scope Of the
national labor relations act today
was thrust into the argument be,
fore the Supreme Court.
Government counsel denied the
collective bargaining clause ap-
plies to all industry. 1t is limited
they asserted, to labor disputes
affecting interstate commerce"
The critical point in the argu-
ment developed in the first of a
series of cases testing the validity
Of the New Deal law.
There shines through the act
q clear and steady purpose on
the part of Congress to bring all
industry in the country, so far
IS language can, within the
scope of the act"
John w. Davis, of New York,
made this statement arguing in
the Associated Press appeal.
In answer, Charles E. WyzanSki,
r., special assistant to the United
States Attorney General, said:
There can be no doubt but
that the act is restricted to the
constitutional sphere Of Con-
greSs to regulate commerce"
"ALL IMPORTANT"
The issue became all important
as lawyers reviewed decisions Of
the court in the NRA and Guffey
coal cases in which it held Con-
gresS cannot regulate local labor
relations. Government lawyers
sought to take the labor relations
act out Of the scope Of these de-
cisions.
The court faced three more days
Of arguments in the series OF
cases. During the entire first hour
and a half in which the law was
discussed, no justice asked a queS-
ton.
AS arguments got under way,
Senator Wagner CD OF New York,
sponsor of the act sat and listened.
In a side seat in the packed
courtroom, also sat Haywood
Broun, president of the American
Newspaper Guild.
1t was the dismissal Of Morris
Watson, an Associated Press en-
ploye and an organizer of the
Newspaper Guild that prectpitated
the litigation.
Ordered Reinstated
Watson was ordered reinStated
with full back pay by the New
York Regional Labor Board on the
grounds his dismissal was not be-
cause of inefficiency but purely
because of his union activities
The A. P. refused to obey the or
der and took an appeal to test
the legality of the labor law.
Davis argued:
"The Labor Relations Board
said in effect: You have no
choice but to take this man
back What does that involve?
Having this man writing and
editing news and brOadcaSting
his selections to the entire
world.
What is that but an invasion
Of the freedom of the preSS?"
FIVE MAJOR POINTS
Davis argued five major points:
oNE.-The act is void in its en-
tirety as an unrestricted at
tempt to regulate the relation.
ship between all industrial en-
ployerS and employees, by i'm
posing collective bargaining"
upon them, in violation of the
Tenth Amendment.
TWO.-The act, in its applica-
ton to the Associated Press,
violates the First Amendment
to the Constitution which guar
antees to citizens freedom Of
speech and freedom OF the
press.
THREE.-The relation between
the Associated Press and its
editorial employees is not inter
state commerce, does not d.
rectly affect such commerce and
is not subject to Federal con-
troll.
FOUR.-The act violates the
Fifth Amendment and is void
because its terms are arbitrary,
unreasonable and capriciouS,
having no real or substantial
relation to the accomplishment
of legitimate ends.
FIVE.-The act denies the right
to trial by jury in violation Of
the Seventh Amendment.