Evening star., 1940-02-15

kAA~eASAAos -
ably there have -, 49,
been violations Dsv'd lawrence
before, just as there were during
the prohibition era when bootleg
ging was common practice, but once
cases were directed to the attention
of the Federal Government, they
found 1t difficult not to apply the
law.
The stenographic record OF the
investigating committee shows that
the members of the Labor Board
admit they engaged in lobbying and
that they urged their employees to
line UP sentiment in favor of appro-
priations by asking that communi-
cations be sent to members of Coh-
gress.
Will there be any prosecutions?
Will there be any removal of the
present personnel of the board? It
is an acid test of the impartiality
Of the Justice Department and it
means that, If this law violation is
ignored, the Hatch Act will become
q dead letter also. For one deals
with improper lobbying activity by
Government oficials in the govern
mental personnel field, and the other
with the activities of Government
officials In politics.
Designed to Halt Backfires.
There can be no doubt that mem
bers of the Labor Board felt they
were doing a good thing because
they wanted the boards appropria-
tions retained instead of cut. But
Congress in the first instance saw
an evil in letting bureaus and boards
build backfires against them to get
public funds appropriated and that
was the original purpose of the
statute.
1t is question now, also, whether
the integrity of Federal statutes Is
going to be maintained. The men,
bers of the National Labor Relations
Board have been meticulous sticklers
for the letter of the Wagner law,
applying it in every single instance
where by the remotest stretch Of the
judicial Imagination a decision could
be rendered against an employer.
Constant intimacy was maintained,
It now develops, between the board
and the leaders of labor unions, even
to the point of discussing cases be-
fore they were decided breach of
judicial etiquette which has shocked
official Washington.
But the shocking disclosures are
% numerous that one committee
member said the other day he was
"shock- -proof"-he never believed so
many unwise and improper things
could be done by governmental
board or commission entrusted with
the power of q Federal statute and
operating in the name Of the United
States Government.
Arbitrary Power Disclosed.
The most brazen admission, how
ever, has not been with reference to
the clash on the anti-lobbying stat
ute, but the revelation that mem
bers of the Labor Board engaged in
. blacklisting operation in which
other governmental agencies con-
nived. The fact that secret agree
ments were made between the Re-
construction Finance Corp. and the
Labor Board and that purchasing
agencies of the Government regu-
larly received from Chairman j.
Warren Madden of the Labor Board
word concerning companies which
had labor difficulties is an amazing
disclosure Of how arbitrary govern
mental power can be used without
the consent of Congress.
Mr.. Madden admitted on the stand
that even before cases were decided,
when they were merely in the accu-
sation stage, he sent word to other
agencies to prevent them from get
ting Government contracts or loans
or other aid.
There can be little doubt that
Congress would sanction any with
holding of Federal loans from COM
panies convicted of violating Federal
laws, but there can be little doubt
that Congress would not want such
punishment meted out to COM
pany which had not yet had a
QCClS1OA1 ACA1ACACO d6dAAAot ~ ALA UAAO
courts. In other words, the moment
. man Is indicted, he is guilty in
the eyes of the Labor Board and not
entitled to any consideration by
Federal agencies.
Not Covered by Congress.
Congress, however, has said moth
ing at all about Labor Boarc
accusation being sufficient basis tt
withhold contracts or loans from
companies accused of Wagner. Law
violations. But under Mr.. Madden's
Interpretation of his duties-the Law
of common sense" as he calls it
1t is not necessary to ask Congress
at all. In Germany, Herr Hitlel
gave one general instruction to hi
Judges when he abolished all Ger
man law precedent-judge only b!
'local sentiment" Hitler-made Law
has become the law Of the land II
Germany. Bureaucratic-made 'lav
has been revealed in the Unitee
a. 49,
~SNkN>A