The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1942-01-01
Witte Takes Issue
With T. Arnold
First Began Prosecutions OF
Labor Unions Under
Antitrust Laws

New York.-Speaiing in New York
at the annual meeting of the Ameri-
can Association for Labor Legisla
ton, Edwin f. Witte of the Universe
ty of Wisconsin took sharp issue with
the anti-labor activities of Thurman
Arnold of the Department of Justice.
DR.. Witte declared:
"When Thurman Arnold first began
his prosecutions of labor unions under
the antitrust laws, he claimed to be
merely applying the existing law 60
labor and industry; in fact, that he
did not intend to proceed against the
unions in any case in which their
practices could be justified under
Judge Brandeis' dissenting opinion in
the Duplex Printing Press Company
case. More recently, since the ma
jority of the Supreme Court has
adopted the position taken by Justice
Brandeis, and Chief Justice Stone has
pointed out that the previous ma
jority opinion also did not Justify his
Interpretation of the present law. Mr..
Arnold has shifted his position. He
is now actively supporting the Mum
roney and Walter bills which propose
restrictions never before applied to
the labor unions.
"The restrictions proposed confer
broad discretionary powers on the
Antitrust Division" Witte pointed
out. "They would subject labor unions
to prosecution under the antitrust
laws whenever they attempt to en-
force conditions on the use of ma
terials, machinery or equipment which
the Antitrust Division deems unrea-
sonable or not adequately related to
wages, hours, or working conditions.
Under the guise of striking at juris-
dictional strikes, the more extreme OF
the two bills prohibits all efforts at
union organization where two or more
unions are competing. 1t also denies
to working people the protection of
the Norris-La Guardia Act and would
once more permit the issuance OF
iniunctions in labor disputes without
according the unions their day in
court.
"That unions in some cases have
been guilty Of unsocial conduct" ad-
mitted the speaker, "is undenable. Ii
does not follow, however, that we
should adopt totaitarian methods of
dealing with labor unions.
"Very great progress has been
made within the past year in the ad-
justment of long-standing jurisdic-
tional disputes among unions-aIl
after the Supreme Court held that
Mr.. Arnold could not prosecute the
labor unions for engaging in such dis
putes The progress made justifies a
continued trial Of the democratic poll
cies we have pursued in the past.
"Whatever may have been the
merits of Mr.. Arnold's proposals, the
attack Which the Axis powers have
made on this country on December Z
has fundamentally altered the situa-
ton. At this time we need as never
before the whoIehearted and full CO.
operation Of both labor and industry
"To this end Mr.. Arnold's campaign
for amendment Of the antitrust laws
to place further restrictions on labor
unions should now be called off. We
cannot lick the Nazis and the Japs il
war is waged in this country on the
labor unions, or, if, on the other
hand, the labor unions wage war on
society.
There is every reason to believe
that the assurances of full cooperation
given by both labor and industry are
,,,,Ja IN onoI faith If this prpSpnt