The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1938-05-19

sequent order go further than IN TIE
prior one. AS precedent is built
upon precedent, it happens fire.
quently that after period of years
such an agency is exercising
authority never intended by con-
gress. The authority has grown up
frequently because none of the re-
spondents have money to contest
the case further. 1t costs money to
prove innocence when you are ac-
cused by your government.
Again, as to the importance Of the
decision from the standpoint of its
scope: there has been an imme-
diate and vigorous reaction by the
national labor relations board. That
crew started running Immediately
after the courts opinion was read.
They tucked their tails between
their legs and went quickly into
retreat from the bold and brazen
position they had held against all
who sought to challenge their au-
thority. To see the swagger and
braggadocio transformed so sudden
ly into a meek and lowly attitude
well, any one with sense of humor
could hardly keep from laughing.
There never has been a federal
agency in my 20 years in Washing
ton that has relegated to itself the
arrogant authority, the dictatorial
authority, shown by the labor rela-
tons board. If the national labor
relations act were sound in every
respect, the personnel that is ad-
ministering it would destroy what
ever chance it had of succeeding.
So, when the court ruling told the
legislative courts to be fair with
those accused or
Only One charged, the labor
Side Heard relations b d
.. smelled a number
of legal proceedings against it. It's
members recognized that there were
cases it had decided" that would
not stand the test in the spotlight of
a federal court for the reason that
the respondents had not been al
lowed to tell their side of the story.
There were cases, for example,
where the board had heard its own
Investigators testimony, the testi-
mony of several c. I. o. organizers
whose job had been to stir up
trouble-and where the respondents
had been informed that the board
had "no interest" in what they had
to say. There were other cases
where board investigators had gone
into factories and had used methods
taught the world by Dictator
Stalin's OGPU. Naturally, the board
tried to get out from under.
The boards lawyers, recognizing
the dangerous ground upon which
their cases in federal court were
standing, sought to withdraw their
request for court enforcement. But
Mr.. Henry Ford, one of those whom
the board and the c. I. O.-Lewis
labor group sought to punish, felt
that the case should be tried in
court, and he is insisting through
his lawyers that the proceedings
continue. The Ford lawyers happen
to be the lawyers who fought the
late and unlamented NRA in the
famous Schechter case, and won it
which ended MIRA. They are going
after the labor relations board and
when they get through, it is possible
we will know how much power that
board has. ...
Along with the Ford case, the
board has other troubles. The great
Inland Steel company of Chicago,
and the Douglass Aircraft corpora
ton have decided they did not get
square deal from the New Deal
board. They have asked federal
courts to review their cases and
decide whether the orders issued
by the board were in accordance
with the facts, and they have asked
also for ruling as to whether they
had been denied legal rights.
It is made to appear, therefore,
that the board may have to undo a
lot of things it has
This Board done. 1t may have
on the Spot to admit, a o,
that in some cases
there has actually been malicious
ness on the part of some of its in
vestigators. Consider the Ford case,
for example. If the board withdraws
its original order, it will be saying
in effect that the facts upon which
it based that order were not the
facts at all. That will be somewhat
embarrassing, it seems to me. It
will be more embarrassing, how
ever, if it comes forth with a new
order which is based upon a differ
ent set of facts. Either the first set
of facts or the second of facts OBJ
viously is wrong-not facts at all in
one of the two instances.
There are other instances of other
boards and commissions which have
been exercising all too much author
ity for the good Of the country, &C
cording to the way I see things.
Few of them have been so blatant
about it, however, as the Depart
ment of Agriculture and the labor
relations board. Some of the agen-
cies, notably the interstate COM
merce commission, has never been
accused of unfairness, as far as
know. 1t may have made mis-
takes, or legal questions may have
been tested in court, but that agency
holds the respect of railway execu-
tives, shippers and labor alike.
@ Western Newspaper Union.
Sen. William E. Borah moved to
strike out the entire APPROXIMATION