Evening star., 1940-02-28

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Wagner Act amendments 1t nay
consider desirable.
BY CARTER BROOKE JONES.
Suggestion that ANY further ac-
ton" on alleged lobbying activities
Of the National Labor Relations
Board is up to the Department Of
Justice was made in q letter which
Chairman Smith read into the rec
ord today at hearing Of the House
committee investigating enforce
ment of the Wagner Act.
The letter was in reply to Attor-
ney General Jackson's answer to q
previous committee communication
in which his opinion was sought on
whether evidence brought out be-
fore the committee indicated a vio-
latlon Of the law prohibiting any
Federal agency from lobbying in its
own behalf. Mr.. jackson said, un-
der legal precedents which had OBJ
tanned. for more than century, he
could not advise Congress or any
Of its committees, but must confine
his opinions to executive depart
ments
Madden Strikes Back.
Meanwhile, J. Warren Madden,
chairman of the Labor Board, re-
turned to the stand and struck back
ut the lobbying" charges leveled
against the agency in connection
u,itI, tho hoo p{ruc 1,Ald 1ock uoor
by the Senate Labor and Educa-
ton Committee to consider amend
ments to the Wagner Act.
Defending the right Of the board
to prepare" for such an inquiry,
Mr.. Madden said:
I'VE are attempting to defend
ourselves very vigorously before this
committee. You see our general
counsel is sitting here day after day.
with the associate general counsel
beside him. II you went to our
Offices, you would find great many
people busy searching out facts in
connection with this investigation"
Similarly, the chairman said, the
board did not propose to go before
the Senate committee bare-handed
and empty -headed, presenting a SUI
percilious defense to the charges
against it."
Committee Differences.
IF this committee" Mr. Madden
added. "is going to attack us for
attempting to defend ourselves here,
We might as well quit presenting evi-
cence."
Chairman Smith replied, referring
to the Senate committee:
There is a difference between q
committee charged only with the
duty of reporting amendments to
the Wagner Act and one set up by
Congress to investigate the board
itself, as well as the act.
so far as defending itself before
this committee, I think that is en-
tirely proper, and am certain this
committee will not criticize the
board for that"
Lack Of Advice Regretted.
Representative Smith, In his let
ter to Mr.. jackson, agreed with the
Attorney General that his position
was fully justified, but the Vir-
ginian added:
ut is regrettable that a commit
tee Of Congress, conducting an in
vestigation under specific authority
with a view to recommending rene
dial legislation, should not have the
benefit of the advice of the chief
law ol1icer of the Government as to
whether, under an undisputed state
ment of facts, criminal statute has
been violated.
II think it entirely possible, if the
incident referred to does not con-
stitute a violation of the act, that
Congress would desire to enact
necessary legislation to prevent the
continuance of the lobbying
activities referred to.
"As to the particular incident
involved, my committee is charged
solely with the duty of investigation
and report. Any further action lies
solely In the province of your de-
partment."
Fahy Presents More Witnesses.
Chairman Smith referred to 9
mass of documentary evidence pre-
sented by the committees general
counsel, Edmund M. Toland, which
indicated the boards field executives
had organized a campaign against
amendments to the Wagner Act
and also had asked labor leaders
and others to protest against a pro-
posed cut in the boards appropria-
ton. Chairman Madden had testi-
fed that he was aware, in a general
way, of such activities and felt they
were justified.
After introducing his letter in the
Record, the committee chairman
turned the days hearing over to
Charles Fahy, general counsel Of the
board, who presented additional
witnesses in rebuttal to charges of
inefhciency and partiality which
previous witnesses had made against
the board.
Mrs. Beatrice M. Stern, assistant
secretary of the board, denied state
ments made before the committee
by Theodore Freter, who held q
temporary position as a field ex-
aminer in the Indianapolis office
Mr.. Freter, now a guard at the Dis
trict Workhouse at Occoquan, Va,
charged the Indianapolis and
Washington Offices of the board
with partiality toward the c. I. o.
in its disputes with the A. F. of l..