Evening star., 1943-10-15
Guild Security Peri|s
Freedom Of Press,
Publishers Assert
By the Associated Press

Newspaper publishers asserted to-
day that the War Labor Board was
without power to order union secur-
ity clauses in American Newspaper
Guild contracts because it would
have a direct tendency" to restrict
gathering of information and ex-
preston of editorial opinion.
Elisha Hanson, general counsel
Tor the American Newspaper Pub
fishers Association, representing the
Harrisburg CPaD Patriot told WLB
hearing that freedom Of the press
as guaranteed by the first amend
ment is far superior to any execu-
tive order or any statute under
which this board operates"
Mr.. Hanson was the first witness
at hearing asked by the publishers
to oppose Guild requests that a
union security clause be inserted in
several newspaper contracts with
editorial employees. Under this
clause an employe is given Is days
IN which to resign from a union
in this case the Guild-or keep up
his union membership dues as a
condition to employment for the
duration of the contract.
Says Guild Is Volatile"
Mr.. Hanson defined freedom of
the press as the right of publishers
to print their information free from
control or restraint by agencies of
government.
He said the Guild from its birth
has been a volatile" organization
With frequent designations and much
controversy surrounding it. ANY
board order for maintenance of
membership in newspaper union.
he added, would simply mean that
a publisher would be compelled to
discharge an editorial employe who.
because of am honest difference Of
opinion with the Guild, resigned
from it.
In seeking to illustrate his point.
Mr.. Hanson mentioned three writ
erS of the New York Herald Tribune.
He said Allen, Raymond. a valued"
reporter on that paper. resigned as
president of the New York Guild in
1884 because he differed with Guild
policies. and that if a maintenance
of membership clause had been in
effect then. Mr.. Raymond's paper
would have had to discharge him
Other Cases Cited.
The same was true. Mr.. Hanson
eontended. in the cases of Lewis B.
Sebring, jr., former night city editor
Ia TN,,,l2
correspondent in the Southwest Pa
cific, and Emmett Crozier. another
reporter. both of whom had resigned
from the guild.
Mr. Hanson said since the hear
ing of the Harrisburg Patriot case
before a WLB newspaper panel
in Chicago last May, the Supreme
Court held that if a general Law
applying to all persons alike places
a direct burden Oh the business of
the press. il must be nuliified as
to the press "by reason of the pro-
hibition against restraint contained
in the First Amendment"
He said the statement of the
court nigh; be paraphrased in the
present instance to read: "A MAIN
tenance Of membership order GER
tainly does not acquire validity be-
cause it embraces newspapers along
with munitions manufacturers and
other war contractors and treats
them all alike Such equality in
treatment does not save the order
Freedom Of the press is in a pre-
ferred position.
The hearing was called in re-
sponse to requests from attorneys
for publishers Of Time, Inc; the
New York Times. the New York
World-Telegram, Cleveland Press
Cincinnati Post, Minneapolis Star
journal, Minneapolis Morning Trib-
une, Minneapolis Sunday Tribune
and Star Journal and the Minneap-
oils Times.
Arguments Confined.
In letter to the publishers and
guild officials, the WLB said il did
not desire to hear discussions today
on its general policy regarding
union security or on specific cases
pending before the WLB newspaper
panel
It requested those appearing to
confne their remarks to the ques-
ton of relationship. If any. between
the boards policy on union security
and the freedom of the press" The
board in several cases has ordered
a standard maintenance of men,
bership clause with the l5-day es-
cape provision.
In their letter requesting the
hearing. the publishers attorneys
expressed concern over the Guilds
demand that the WLB order pub
fishers Ito include a union shop
or compulsory maintenance of union
membership clause or any other
union security clause involving any
form Of compulsory union men,
berShip in contracts with the guild.
See Different implications.
They feel that the question is of
the utmost importance to news pub
fishers and the public" the attor-
neys said. and its implications are
quite different from those affect
ing industrial employees and indus
try generally.
There is a widespread feeling
among publishers of newspapers and
news publications that the freedom
of the press itself may ultimately
be lost if publishers are deprived
of their right to retain in their
employ those reporters and editors
who, because of fundamental differ
ences with the social and economic
viewpoints of the guild. find them
rolves unable to continue their men,
bership in the guild
Granting of a union security clause
would give the guild stronger con-
troll over members and could make
effective guild control of the press
and many of the editorial viewpoints
the letter said.
Ernst Hits Stand
Morris Ernst. New York attorney
representing the guild, declared
This position of a few newspaper
r1I1hliSherS jS yirtI1allv tho Same &C