Detroit evening times. (Detroit, Mich) 1921-1958, 1942-10-23
Can Byrnes
Make His Job
NonpoIiticaI?
Judging From Record,
Answer Is No
By WESTBROOK PEGLER

- may be correct in hoping
that ex-Justice James +. Byrnes
will give a nonpoiiticat admins
tration of the office of director
of economic sterilization, but
you have to judge him by past
performances and that opinion
which he read in the teamsters'
case runs dead against you.
/ may harp on it. but 1t is ter
ribly important 10 all Ameri-
cans. for it may constitute a
license for a Brown Shirt army
10 prey on the whole community.
subject. of course. 10 some mo-
lestation by local prosecutors,
most Of whom. however, will not
likely trouble them much.
Moreover, the local prosecu-
tors take their law from the
Supreme Court and they would
not want to prosecute for extor-
ton. as such. under a state law,
knowing that the Supreme Court
had permitted the same thing
under another law.
low may this opinion const-
IL tute a license TO a Brown
Shirt army?
Well. this is how:
If a gang calling itself union
has a right 10 stick you up on
the road when you are deliver
ing a load of produce and make
you pay tribute without offering
10 work for the money. what is
10 prevent other gangs from
adopting the same racket under
the same immunity everywhere?
Why should they work for a liv-
ing or for the war?
Suppose you are running lit
tie shop or store
Along comes member OF the
gang and says he wants SO a
day from you.
You say nothing dong, so ne
comes back with some more OF
the gang and beats you up so
you pay and pass on the cost TO
your customers through in
creased prices.
Did the teamsters really beat
up people?
Let Justice Byrnes answer
that:
There was sufficient --eyi-
dence," he said. Ito warrant
finding that the defendants {.
did use violence and threats to
obtain" money from the own
ers of each truck entering New
York
Did they refuse to work for
the money?
He answers that question, too,
in these words:
I'm several cases, the jury
could have found that the de
b PENDANTS refused 10 work
for the money when asked to
do So"
CHIEF JUSTICE STONE. dis
~ senting, said; There Is
abundant evidence :. from
which the jury could have con-
cluded that the payments
were made TO purchase I'M
munity from the violence Of the
respondents and for no other
reason; and that this was the
end knowingly sought by re-
Spondents," meaning the defend
ant transfers.
He added that when the
Anti-Racketeering Act was un-
der consideration by Congress,
no member of Congress and no
labor leader had the temerity TO
suggest that such payments,
made only 10 secure immunity
from violence and Intentionally
compelled by the assault and
battery. could be regarded as
the payment of wages by a
bona fide employer. or that the
compulSion Of such payments is
"a legitimate object of labor
union, or even was made so by
any statute OF the United
States
What about background?
Well. on the west coast. Dave
Beck just put down an en-
barge on California beer enter
ing Washington and Oregon
because the California Brewery
Workers Union wouldn't release
their truckers TO his union.
The California brewers were
helpless. II wasn't their fight.
The people Of Washington
and Oregon who may have
wanted California beer couldn't
have il because Beck said they
couldn't.
That would be a fine way to
bankrupt whole industry and
a dictator then could buy in il
and operate ii as a legitimate
union activity. That is the way
il happened in Germany.
WHAT else?
w Well. old Dan Tobin, the
head man Of the transfers, is a
kiver-to-kiver New Dealer and
his council has decided 10 spend
out Of the kitty containing ST.
100000 Of idle money as much
as may be necessary to elect