Evening star., 1938-07-28
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cnanged It's attitude because OF the
threat to enlarge its membership may
be evidence Of an intention to renew
the proposal whenever 1t is thought
necessary or expedient. It is deemed
wise that the association continue to
be prepared for any eventuality."
President Arthur Vanderbilt this
morning presented $1,000 prize to
Albert E. Stephan, native Washing
tonian, for the best paper submitted
to the association on some important
topic in the field Of law Mr.. Stephan,
who read his paper at q meeting OF
the assembly today, wrote on THE Ex-
tent to Which Finding Boards
Should Be Bound by the Rules of Evil
dence."
Mr.. Stephan is graduate Of Central
High School and a son Of Mr.. and Mrs.
D. E. Stephan, 2l00 Massachusetts,
avenue NV.
This afternoon the house Of dele
gates, powerful governing body of the
association. is expected to act on two
controversial reports attacking Gov.
ernment administrative agencies in
general and the National Labor Rela-
tons Act in particular.
The report assailing the labor act
was submitted yesterday by a COM
mittee headed by John Lord O'Brian,
former Assistant Attorney General,
who called for amendment of the Wag-
ner Act to permit the filing Of com.
plants by employers as we'll as by en-
ployes.
Another Controversy Threatened.
Earlier, the delegates had received
a report from committee led by Ros-
coe Pound, former dean of Harvard
Law School, severely criticizinR the
policies of Federal administrative agen-
cfes. The Pound report was denounced
Monday by Jerome N. Frank, under
consideration for appointment to the
United States Court Of Appeals for the
District, and 1t was thought likely that
controversy will break out again this
afternoon.
Mr.. O'Brian, reporting on the War-
ner Act, took cognizance of the fact
1t represents the deliberate embodi-
ment OF a new social policy" but
warned that 1t cannot command the
coincidence Of the public in its pres
ent form.
The act" he said. makes no
provision for the protection Of the
employer, except insofar as it provides
for the establishment OF tribunals
empowered to hear and determine
complaints by the workers against
their employers.
Making all due allowance for an
earnest effort to administer the act
in an impartial manner, the pro-
visions OF the act itself make it in
evitable that to large degree the
National Labor Relations Board and
Its subsidiary boards must be regarded
as the partisans of one class as
against the other, and that the re-
suit must be to intensity class an
tagonism'
questions Effectiveness.
Refraining from comment on the
soundness Of the social policy en-
bodied in the act, Mr.. O'Brian added
however, that 1T may at least be
fairly said that It's enforcement has
not promoted the better mutual un-
derstanding and cooperation hither-
to thought indispensable for the solu-
ton or amelioration of the problems
implicit in the relationship Of worker
and employer"
In attacking the procedure Of the
Labor Board. which acts as prosecu-
tor. Judge and jury, Mr.. O'Brian said
The intrinsic character Of this type
OF procedure is such that it cannot
command the confidence of the public
at large. And it must not be for
gotten that the public is very real
party in interest in every labor con-
troversy.
We recommend that the pro-
cedural features of this act be
amended in manner which. while
permitting board latitude in the char
acter Of evidence and allowing suf-
ficient informality to enable the rep
resentatives of workers to present
their complaints. simply and mex
pensively. will nevertheless observe
the traditional requirements of fair
play, guarantee an impartial hear
ing and give to the employer and
the employe alike the right Of pre-
senting complaints.
Asks Pay-as-Y You Go Policy.
Mr.. O'Brian's report also called
for amendment Of the Social Security
Act to eliminate the present old-age
reserve account substitute a pay-as-
you-go policy and to require that
sums collected under the act be ear
marked and set aside solely for the
purposes of the act.
The present, practice of investing
the reserve funds in Government Sc
curities, he said, Is economically un-
sound and ''is certain to discourage
egorts toward Government economy. .
Condemning political interference
with quasi judicial agencies, the report
said:
There is more reason than ever
for insisting that members OF Con-
gress and persons in governmental
positions should not be permitted tt
exert pressure or influence or to create
the impression Of exerting such infiu-
euce upon such agencies charged
with making decisions affecting in.
dividual rights
The report also declared There 1,
OBVIOUS need of preventing what /.
commonly called log-rolling-some-
thing that Is inevitable when Govern
ment of4icials are allowed to appear
before each others boards and com.
missions"