The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1942-08-21
FACING
THE -
FACTS
With PHILIP PEARL

always out to delay trial as long as
possible, even though such delays
amount to a denial of justice.
We nominate Thurman Arnold for
the championship of this sly division
of the legal profession, for he has just
pulled one of the cheapest tricks in
the practice of law
Here is man who is an Assistant
Attorney General of the United States,
in charge of the Antitrust Division
of the Department of Justice, engag-
ing in legal legerdemain which results
in mockery of justice.
We refer to the case brought by Ar
mold against the American Federation
of Musicians. This union, in legiti-
mate attempt to provide jobs for its
members-sixty per cent of whom are
unemployed adopted rule restrict
ing the making of records for broad
casting purposes when such records
take away jobs from musicians.
Naturally, the radio interests op-
posed this move and, just as nat
urally, the anti-labor press took up
their cause with a great hue and cry.
Arnold, with his eye on publicity and
in an attempt to embarrass the union,
Immediately filed complaint in the
Federal Court in Chicago seeking an
injunction to restrain the union from
carrying out its legitimate purpose.
No Leg to Stand On
Now if Arnold had legal leg to
stand on he would have pressed for
an immediate hearing of the case. But
what did he do? Although attorneys
for the Musicians Union were ready
and anxious to go ahead at once, Ar
mold asked for and obtained a two
months postponement.
We submit that this is injustice of
the foulest kind Because of the
charges made by Arnold's office, the
Musicians Union stands indicted in
the public mind. 1t is the duty of the
Department of Justice and its staff to
give this union and its officers an i'm
mediate hearing so they can clear
their name. But Arnold has failed to
live up to the first principle of Amer
lean justice by delaying trial of the
issues.
The dispute between the union and
the broadcasting interests is one
which, in the normal course of events,
would be amicably settled through col
lective bargaining. But if a settle
ment is made now, the public reaction
would be that the union was forced
to retreat because of fear of the out
come of the injunction suit. Then Ar
mold could withdraw his baseless case
with a flourish and bow to public ap-
plause for his services in the cause
of justice.
That's just what he wants to see
happen. That's just what he's hoping
and praying will happen. For even the
lawyers for the broadcasting compa-
nies privately admit that there isn't q
shred of justification in law for the
complaint now on file against the Mu.
. sicians' Union Even a layman car
understand that, because the Norris
La Guardia Act specifically forbid:
; federal judges to issue injunctions il
labor disputes.
The Case Against Canned Music
Arnold's position in this case is OF
par with his whole campaign agains
trade unions. Again and again he ha:
, brought charges against labor organ
I izations under the Antitrust law:
only to see each case boomerang il
his face when the Supreme Court o.
' the United States finally passed on tn,
: issues. A sincere public official en-
, trusted with the administration of Law
f surely should bow to the law as in
f terpreted by the Supreme Court. Blu
f Arnold's only interest in prosecuting
unions is to persecute them.
4 Now some may say that evel
Y though Arnold has no legal basis fo
!, proceeding against the Musicians
j Union he is justified in doing it if tn
: unions rule is against the public in
e terest. The people who say this ar
n prejudiced against the union becaus
of what they have read in the hostil
press. Almost with one voice tn
newspapers have denounced the "no
record" rule as dictatorial action b
e the president of this union.
d But the facts are that the America
0 Federation of Musicians, meeting i
d convention in 1941, adopted the reg
5, ulation against canned music fo
d broadcasting by the unanimous vot
n of 518 delegates. The facts show the
s the officers of this union tried vainl
l. to negotiate this matter with tn
# broadcasting companies and reporte
n their failure to the 1912 conventio