Evening star., 1939-12-19
BY JAMES E. CHM.

A Communist is entitled to the
same protection from the Wagner
Act as members of other political
parties unless he is engaged in SUBJ
versive activities, Philip G. Phillips.
Cincinnati regional director of the
National Labor Relations Board,
today told the special House COM
mittee investigating that agency.
Mr.. Phillips, on the witness stand
for the second day, made his state
ment in answer to question by
Representative Smith. Democrat, OF
Virginia, committee chairman.
There's nothing in the act (Wag-
ner Labor Relations Act, which says
a Communist is not to be given
protection the witness declared
He added, however, he did not be-
lieve a Communist should be pro-
tected by the act if it is shown he
is engaged in American activities.
1T is pretty generally believed
said Chairman Smith, that the
Communist party is party whose
principle is to foment trouble in
the United States and to bring about
a revolution and establish the same
form of government as exists ir
Russia. Is it the position of the
National Labor Relations Board to
employ a man who advocates those
principles?"
Requests Direct Answer.
Representative Smith emphasized
he wanted a very direct answer
to the question, because he said.
Communists have caused "a lot o.
trouble in this country and then,
he added, IF that question ISM
clear, I'll ask it again
Mr.. Phillips replied that he did
not believe under the Wagner Act
an employer could deny employ
ment to a man simply because OF
his political belief. He emphasized
that the act afforded the same pro-
lection to Communists as those OF
other political parties, and did not
believe a company would have to
keep on its pay roll any employe
that advocated violence.
The Communist angle was injected
into the hearing as Edmund M. To-
land chief committee counsel, con-
tinued to examine Mr. Phillips about
the Cincinnati Milling Co. case
which involved a discharged employe
who had admitted he was active
in the Communist party but had
denied he was party member.
This case was first taken up late
yesterday just before the committee
recessed.
Mr.. Phillips explained he did not
believe the way to indicate a per-
son advocated violence was by show
ing he is member of any particular
political party.
Il don't think the way to prove
that" he said, lis by showing he
is a member of party any more
than you can prove that Carter
Glass Senator Glass of Virginla)
advocated the National Labor Re-
lations Act because he is a member
of the Democratic party.
Instructions for Examiner.
Earlier it was shown that IN
record of the Cincinnati Milling Co.
case in which Mr.. Phillips had ap-
peared as an attorney for the board,
he had made this remark:
Il abhor Communism and every
thing about it,"
During discussion of the milling
company case, 1t was brought out
that Mr.. Phillips. acting as attor-
ney for the board, had given cer-
tain instructions to Harlowe Howe,
board trial examiner, who he de-
scribed as green" at the time, as
to past decisions of the board with
respect to an employees political
Affiliations.
Mr.. Phillips said he had been ad-
vised by Board Secretary Witt that
whether the respondent in the case
Mike Mischeff-was a member of
the Communist party was not ma
terial because he had been dis
missed for union activities.
After these instructions. Mr.. Phil
lips said Mr.. Hurley ruled out tes-
timony that would have shown that