Evening star., 1938-10-28

since the American system of legisla-
tive and judicial procedure was
started"
But has it? Take, for instance, the
National Labor Relations Act, usually
called the Wagner Act. 1t was signed
by President Roosevelt himself and
contains provision with respect to
proceedings growing out Of complaints
Of unfair labor practice" as follows:
I'm any such proceeding. the rules
Of evidence prevailing in courts Of lag
o. equity shall not be controlling"
Chief Source Of Friction.
This has been one of the chief
sources Of friction between the Labor
Board and its critics. Hearsay and
opinion are not only included, but a
trial examiner is permitted in his
report to give his impressions" of the
credibility of witnesses The pro-
cedure of the Labor Board is naturally
In conformity with the language of the
statute, so no blame attaches to the
board for carrying out the law as
written by Congress and approved by
the President.
Mr.. Roosevelt's solicitude for per-
sons who are mentioned in congress
sional hearings is very much in line
with the complaints that have been
heard for years about the way in
vestigating committees injure the repu-
tation Of persons, and yet are not
amenable to any libel laws.
II the Presidents interest has been
awakened to the point of considering
what is or what is not fair hearing
for the citizen or fair treatment by
. governmental body. especially with
respect to mere opinion" or hearsay
evidence, he will find in the proposals
to amend the Wagner Act some inter-
esting suggestions.
No Fair Hearing Provided
Thus John Lord O'Brian, noted at
torney who happens Just now to be
running on the Republican ticket in
New York State against Senator Wag-
ner. but who previous to this campaign
has been liberal enough and able
enough to be one of the chief attorneys
1or the Government in the T. v. A.
cases. had this to say few nights ago
IN public address bearing on this very
point:
There is no fair hearing provided in
this statute (the Wagner Act). What
Is the method prescribed? The Ma
tional Labor Board files a complaint
with itself. To hear and try out the
complaint the board appoints trial
examiner whose salary is paid by it.
It designates one of its own lawyers
to prosecute the case. The trial ex-
amlner holds hearing or trial and
later reports his recommendations to
the board. The board itself then re-
views the record and makes the final
decision upon the complaint originally
nled by 1t, prosecuted by it, and heard
BY its trial examiner.
Human Rights Involved.
IT there is any substantial evidence
which will support its decisions on the
facts, the findings Of the board as to
these facts are binding upon the
courts. In some fields of departmental
government involving purely admins
trative questions, arguments might be
made for justifying this type Of pro-
cedure, but not in cases of the char
acter arising under the Labor Act.
where fundamental questions of human
rights and even of human liberty are
constantly involved. These issues are
very different in character from those
dealt with by the so-called quasi
judicial bodies like the Interstate
Commerce Commission They concern
human relations. AS the spokesmen Of
the American Federation Of Labor have
pointed out, they are judicial questions
OF grave character and import"
The A. F.. of L. in it's recent con-
vention announced advocacy of certain
procedural changes, but not a word
has come from the President about
them, even though they relate to fair
hearings. Nor has the President indi.
Gated that the rule which he wants the
Dies committee to follow by barring
mere opinion evidence" may now.
With his consent, be written as an
amendment to the Wagner law.
(Copyright 1881