Detroit evening times. (Detroit, Mich) 1921-1958, 1941-04-11
Arnold
Hog-Tied in
Union Fight
Supreme Court Rulings
Void His Indictments
BY PAUL MALLON


His wires were cut in such a
complicated legal way by the
Supreme Court that no notice
has appeared and outsiders are
generally unaware OF II.
The last three decisions void
ing his indictments against labor
unions were rendered under a
peculiar court custom which de-
MED Arnold the right 10 pre-
sent his case. Only a related
iurisdictional question could be
debated
As some old time New Deal
erS now are saying:
THE old Hoover Coolidge VIII
son Supreme Court might knock
down att new interpretations Of
law, but at least they would
hear the arguments
As a result, Arnold's associ-
ateS say that he, an assistant
attorney general of the United
States. is reduced to writing
magazine articles to draw al
local unions are defying their
own Wagner Art, levying trlb-
ute prices upon industries and
erecting embargoes against CONF
merce.
A RNOED,s case is simply This
"A Local union leaders in both
AFL and CIO have refused to
abide by labor board elections
and have called strikes. They
have refused TO handle goods
coming from competitive union
workers
They have fixed prices to con-
sumerS through their wage de-
mands. They are in effect
erecting tariff walls. levying
taxes and fixing prices. He has
cited hundreds of cases. and has
filed n u m rous indictments.
There is no dispute about these
facts.
You would think the national
labor organizations would want
to break up this local union die
tatorShIp. 1t depriVeS the ma
tlonal leaders of any real
authority over their locals.
which are becoming autonomous
relationships.
But IN all the test cases which
have reached the Supreme
Court, the group led by Justice
Frankfurter has rendered ma
iorlty opinions completely break
ing down Arnold's theory and
setting up the law that the gov.
eminent has no power to lay a
civil hand Upon a Union no
matter what IL wants 10 do.
In three decisions last Mon
day. tho court set the labor
unions alone. among all other
people in the United States. as
immune TO the antitrust Law
A RNOLD Will take his fight
"A 10 Congress. but there is not
much more hope for him there
than in the Supreme Court. I'M
less Mr.. Roosevelt speaks out
This Congress has been noted
solely for its timidity. Nothing
that Mr. Roosevelt has failed to
mention has passed so far
If a bill is introduced to throw
few more words into the anti
trust law and make clear the
- stli=af Congress have the isasa=
apply to all the people. the bill
VIII no doubt be consigned 10
the massive congressional maui
Soleum of things to he forgotten.
4 RNOLD has been called the
"A "Pavlowa" of the New Deal.
suggestion that he pirouettcS
step ahead of the New Deal
parade.
The bitter truth is the Frank
furter boys are becoming the
reactlonarieS of government.
They seem to have learned their
liberalism from books rathcn
than from any intuitive sense Of
justice.
When the books were written
many years ago and labor was
downtrodden. any boost for la
trt1f--vHs scored HE fFsl
But now that labor has estab-
liShed itself the equal If not the
superior of management, and IS
induiging in the excuses which
all powerful political groups
naturally affect after successes.
the Frankfurter group has neg
lected 10 keep up with the
times.
II no longer is inspired by an
urge 10 accomplish the greater
good for the greater numbers.
The consumers. who are the
great bulk of the people, arc
neglected.
In deepest reaction, the ma
iority of New Dealers who still
think of themselves as liberals
are clihging to the principles OF
an obsolete primer of the past.
II can't be heresy to say these
things publicly. because the New
Deal has always maintained the
Supreme Court is not above
criticism.
Distributed by King Features synd.. Inc
Reproduction In whole or in part
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