Evening star., 1937-02-10
Wagner

Continued From First Page.)
conceivable causes in industrial strife"
This statute" Wyzanski said, lis
not bad because it does not outlaw
strikes. 1t seeks to remove the causes
of strikes. Every preventive statute
deals with causes"
He added that the Labor Board
recognized the statute has limita-
tions"
THE act cannot be universally ap-
Piled" he said.
Discussing the application of the
measure to commerce, he contended
Congress had power to interfere in a
dispute which "burdened or obstructed
commerce"
No questions were asked Wyzanski
while he spoke.
Fahy argued that the law was not
arbitrary, unreasonable or capri
ciouS" and did not violate the fifth
amendment, which forbids the taking
of property without due process of
law"
The Labor Board counsel said the
measure prohibited interference, re-
straint or coercion of employees in
exercising the right of seif-organiza-
ton, freedom in the choice of repre-
sentatives for collective bargaining,
and collective bargaining"
Tells of employers Power"
"To avoid industrial strife" Fahy
said, Congress required that employ
ers be not permitted to use their,
overwhelming economic power over
individual employees as a weapon to de-
stroy the right of self-organization of
employees or their freedom in choice
Of representatives.
Unless this right is protected by
law the only course is to strike, in
order that it may be protected by
combat"
Fahy denied that the legislation re-
quired "a closed shop"
1T does not encourage or foster
the closed shop" he asserted, that
is matter of contract"
Freedom of Press Attacked"
In his argument yesterday Davis
said the labor act as it has been ap-
piled to the Associated Press is
direct. palpable and undisguised at
tack on the freedom of the press"
How" he asked, "can a news
paper remain master of it's business
if those who compose its news COL
umnS are no longer selected by it?"
THE press" Davis went on, has a
right to live under the law and the
supreme law is that the press shall
be free. Not only shall it be free from
advance censorship, but it must have
the right to formulate and dissemi-
nate the news OF the day to the
United States-just so it does not in
vade the laws of libel or incite to
crime.
IF we fetter the press, we fetter
ourselves.
Those who publish and print the
news"-he waved his right hand for
emphasis-"must have the right to
choose the people by whom the news
is to be written. You cannot divorce
the author from his product. You
can't have Dickens novels without
Dickens.
What more effective engine could
a dictatorial power have than the
right to name the men who write the
news?"
The references to freedom Of the
press followed arguments that the
Wagner labor relations act violated
several constitutional provisions other
than the first or freedom of the
press" amendment. As Davis closed
that portion of his address and put
aside papers from which he had been
reading, he looked up to the justices
and said quietly:
And now come to an issue in this
case which I consider the most i'm
portant I ever argued before this
court"
He then went into the discussion
Of the freedom of the press. :
Watson contended he was dis
charged because of activities for the
American Newspaper Guild. The As
sociated Press said he was dismissed
because his work had dropped below
his proven capability.
Davis contended that, under the
legislation, mo workman in any of
the producing industries Of the United
States can be discharged without q
hearing by the National Labor Rela-
tions Board"
'The very magnitude Of such an
undertaking." he said, should make
men Of average humility shrink from
its assumption"
He asserted the Wagner measure
violated the fifth amendment because
it was an invasion Of freedom Of
contract between employers and en-
ployes engaged in wholly private oc-
cupations and In which no emergency
exists.
This is sweeping undertaking to