The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1942-08-27
Facing The Facts
With PHILIP PEARL

A smart lawyer with a poor case is
always out to delay trial as long as
possible, even though such delays
amount to Il 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 Il man who Is an Assistant
Attorney General of the United States,
in charge of the Antitrust Division of
the Department of Justice, engaging in
legal legerdemain which results in n
mockery of justice.
We refer to the case brought by
Arnold against the American Fedora
ton of Musicians. This union, in II
| legitimate attempt to provide jobs for
its members-siXty per cent of whom
are Observation-Disclosures II rule re-
broadcasting purposes when such rec.
ords take away jobs from musicians.
Naturally, the radio interests op-
posed this move and, just as naturally,
the anti-labor press took up their cause
with 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
IFS legitimate DllrUOSp
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 Il two
months postponement.
We submit that this is injustice of
the fouest kind Because of the
charges made by ArnOlds Office, the
Musicians Union stands indicted in the
public mind. IT is the duty Of the De
partment of Justice and its staff to
give this union and It's officers an i'm
mediate hearing so they can clear their
name But Arnold has failed to live up
to the first principle of American just
ice by delaying trial of the issues.
The dispute between the union and
the broadcasting interests is one which,
i'm the normal course of events, would
be umicably settled through collective
bargaining But If Il settlement Is made
now, the public reaction would be that
the union was forced TO retreat be-
cause of fear of the outcome of the
injunction suit Then Arnold could
withdraw his baseless case with Il
| flourish and bow to public applause
| 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 brOadcnstng com
punieS privately admit that there isn't
Il shred of Justification in law for the
complaint now on file against the Musi-
! stand that, because the Norris-La
| Guardia Act specifically forbids Fed
Cral Judges to issue injunCtions in labor
disputes.
The Case Against Canned Music
Arnold's position in this case is on
Il par with his whole campaign against
| trade unions. Again and again he has
brought charges against labor Organi-
cations under the Antitrust laws only
to see each case boomerang in his face
when the Supreme Court of the United
States finally passed on the issues. a
sincere public official entrusted with
| he administration of law surely should
bow to tn" law as interpreted by the
Supreme Court. But Arnolds only in
terest In prosecuting unions Is To per
Scc,iic them.
Now some may say that even though
| Arnold has no legal basis for proceed
ing against the Musicians Union he Is
| justified in doing it if the unions rule
| Is against the public interest. The people
who say this are prcjudiced against
the union because of what they have
read In the hostile press. Almost with
| one voice the newspapers have de-
nounccd the o-record" rule as Il die
tatorial action by the President of this
union.
But the facts are that the American
Federation of Musicians, meeting in
convention I'm 1911, adopted the rcgu-
! lation against canned music for broad
casting by the unanimous vote of 5lS
delegates The facts show that the
officers of this union tried yainly to
negotiate this matter with the broad
casting companies and reported their
failure to the 1912 convention which
rcailirmed the action of the l041 meet
ing. The facts show that the officers of
the union took drastic action only when
the industry refused to make II fair
and decent compromise.
Why should the musicians commit
suicide? Records cannot be made with
out the services, yet these very records
destroy their jobs In many broadcast
ling studios. 1t would be different, per