Evening star., 1939-12-19
Wagner Act Implies
Protection Of Reds,
n. |. R. B. Aide SAYS
Phillips Holds Subversive
Activities Only Reason
For Excluding Them
Continued From First Page.)

For Excluding Them
Continued From First Page)
Mischief had engaged in Communist
activities.
Mr.. Phillips also pointed out the
Supreme Court had repeatedly ruled
that membership in the Communist
party did not deprive a person of
citizenship.
when the Supreme Court says
Communists are not entitled to pro-
lection" he declared, Il assume the
board will follow"
Mr.. Phillips said he did not know
whether Mischief was Communist
and added: Il don't care"
Mischief, however, the witness
said, had admitted to him he was
active in the Communist party, had
attended several Communist meet
ings and picnic, but did not want
these facts disclosed at the board
trial in the case.
The committee completed ex-
animation of Mr.. Phillips just prior
to its luncheon recess and suddenly
called Nathan Witt. secretary of the
board, whose removal has been
sought by William M. Leiserson,
Junior member of the board.
After Mr.. Witt took the oath, the
committee recessed for lunch.
Mr.. Leiserson, who was the first
witness before the committee when
1t began public hearings more than
q week ago, disclosed he had sought
Mr.. Wits removal.
Toland Threatens to Resign.
Chairman Smith today averted q
potential break between the commit
tee and Chief Counsel Toland.
Mr.. Toland, in the midst of the in
vestigation yesterday, threatened to
resign because he said he felt Ger
tain" committee members were a
little TOO critical of his procedure,
that some newspapermen were writ
ing stories indicating he was run
ming wild" and the committee had
been "smacking him down."
In the role of peacemaker, Repre-
sentative Smith, a former Virginia
circuit court judge, went to him,
and said:
Eddie, we're going to keep you
but fuss with you, too."
wants to Stay"
II want to stay" he replied. But
I don't want it broadcast to the
country that I'm unfair"
Mr.. Toland's first intimation he
had been irked by developments
came late yesterday during his
examination of Mr.. Phillips.
A remark at that time by Repre-
sentative Murdock, Democrat of
Utah, that he thought Mr.. Toland
was unfair" because he had not
allowed the witness to refresh his
memory" about a 2-year-old case
before testifying about it, brought
the situation to head.
If there is any question of my
fairness the committee can decide
If I am to continue as counsel" he
declared. If any member wants
to take my place, he can do So"
Mr.. Phillips spent more than four
hours on the witness stand in his
first appearance yesterday.
Mr.. Toland said "in fairness" to
Mr.. Phillips he intended to give him
an opportunity to explain a memo
randum he wrote the boards WASH
ington headquarters in October,
1888, In which he was quoted as re-
porting that an officer of the United
Mine Workers of America &C. I. o.
had told his organizers to shoot
down faster than they would shoot
q rabbit" organizers of the rival In
ternational Union, Progressive Mine
Workers of America CA. F. of L.
Denial Received by Wire.
The officer of the United Mine
Workers named by Mr.. Phillips
vigorously denied making such a
statement in a telegram which was
placed in the committees official
record last week after the memo
randum was made public.
The most sensa tional development
yesterday, however came when a
copy OF telegram Mr.. Phillips sent
to the board revealed that c. I. O.
union was unwilling to settle labor
case because OF obligations to Com
munists.
The telegram was read into the
record as Mr.. Toland was question
ing the boards regional director
about the Cincinnati Milling Ma
chine Co. case.
Testimony developed that a Mike
Mischief had been discharged from
the company. Mr.. Phillips sent a
message to Washington stating he
thought the dismissal was for union
activities. Later, he said, the COM
pany charged Mr.. Mischief was an
active Communist.
Phillips Message.
The message, dated December 9,
1898. which Mr.. Phillips sent to
headquarters, read:
There is no doubt that discharge
was union activities and that COM
pany discovered communistic angle
later. Have interviewed witness per-
sonally and he admits being active
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- Dtl/V'E,