The Wilmington morning star., 1944-12-04
Rv WEsTBROOK PEGLER
(c.opyright, 1914, BY King Features Syndicate

Copyright, 1914, BY hlng Features oynu1cate)
NEW YORK; wonder if you happened to
see where Joe Padway, that eminent counsel
Tor of crooks and white slavers in the union
racket. and attorney general so to speak, in
the cabinet of the A. F. of L., got up at the
Ftderation's convention in New Orleans and
threatened strike against two states of our
glorious American union
The states are Florida and Arkansas. which
passed by popular vote in the recent election,
constitutional amendments forbidding the
closed shop and, in the case OF Arkansas, for
bidding, also, that shyster's subtertuge known
as the NEUTRALITY-SUSPICIOUS. shop, de-
vjsed by lawyers for the New Deal govern
ment and the unions.
So if turns out that, after all, Padway and
the A. F. of L. don't believe in the democratic
process that thev talk SO much about unless
it favors them. They accept and acclaim
the great popular triumph of the Roosevelt
machine in the presidential senatorial and
congressional votes but, when the same people,
voting IN the same referendum, adopt constitu-
ticnal amendments displeasing to them. that
is undemocratic and un-Amercan and doesn't
go
suppose you don't need telling that Pad
way is President Roosevelts honored per-
sonal and political friend, that he was counsel
for the Browne-Bioff racket operated by the
Capone gangsters and for the dirty Scalese
organization, Also Capone project and that
he is still counsel for the Transfers and
Musicians unions of old Dan Tobin and jim
my Petrillo, respectively, also friends and
political hackers of the Roosevelt machine.
Yol probably don't need telling, but it sort
Of dranoatizes the scenario to show what type
CT individual this is who comes here from
Europe and, in a few decades, is threatening
strikes against two of the noble republics Of
our sisterhood of states in retaliation for deci-
sions made by their people at the polls.
AS an eminent constitutional expert should
like to point out that these states had a right
to adept these amendments to their respective
constitutions and to discuss some aspect of
the situation which probably have not occur
REQ to citizens less studiously concerned with
such matters.
The supreme law of the land is, of course.
the United States Constitution and the federal
laws adopted by Congress. All state constitu-
tons and laws must conform to the supreme
law or yield TO it in case of conflict. Now
Padway is saying that the will of the A. F.
Of L. is supreme and, in effect, superior to
the Constitution and laws of the U. S. A
These amendments to these state con-
situations violate neither the federal constitu-
ton nor any federal law In fact, we have
President ,Roosevelt's solemn word that the
closed shop, imposed by force of government,
is repugnant to American ideals. He made
that declaration in the fall of l941 when John
L. Lewis was trying to compel a non-union
minority of coal-miners in certain diggings
to join his union and was running big strike.
to the detriment of the national war effort, to
compel this minority to come in.
in that crisis, Roosevelt put it in these
words.
Il tell you frankly that the government of
The United States will not order nor will Con-
gress pass legislation ordering so-called
closed shop. The government will never COM
rel this per cent to join the union by gov
eminent decree. That would be too much
like the Hitler method toward labor
OF course he violated the declaration,
amounting to a vow. when it became inexpe-
oient to fulfill it. He did this by trick, re-
ferring the problem to of his fall-guys who
pondered deeply and then brought in a verdict
imposing on the unwilling miners exactly the
condition that Roosevelt had rejected and de-
nounced as Titlerian.
So the closed shop was inflicted on these
citizens by force of the Roosevelt government
but you will observe that this was done by the
decision of an agreeable ideologist and not by
authority or any portion of the supreme law
CT the land To this very hour, no part OF
that supreme law denies the right OF an,
state to forbid the closed shop. However, the
War Labor Board and other bureaus have
arbit1 arily imposed it or the maintenanceof-
notwithstanding Roosevelt's condemnation
of 'tf,e Hitler method toward labor his
tureaucrats have just bulled these Hltlerlan
devices through by buster and pressure. rely
ing fer their authority. on that which Francis
Biddle the attorney general, vaguely but omln-
ously referred to as the Presidents aggregate
war powers
In New Orleans, PadWay said that II FLORIDA
and Arkansas try to enforce these new con-
stitutonal amendments A. F. Of l.. printers
will strike to silence the American free press
and union brickiayers will refuse to Jay orlck
and so forth.
OF course if the law officers of these states
shouc wilfullv fail to enforce the amendments
that would be serious vitlaton OF their oatas
and the effect would be anarchy. masmucn
as Padway knows this to be the case that
annears to be the desire of this friend OF
Presidem Roosevelt. /
This sums UP to case in which an imported
American citizen puts above the supreme law
1f the land and of these two states the Will OF
handful of union politicians. They are
rr,vate group themselves. and Padway has
ro+ standing. even as union official. He is
inst LAWYER in specialized union practise,
who always poses as labor leader. however
and has been allowed to get away with this act
for years by Roosevelt, Congress and many
state legislatures.
Should Padway pull his strike against the
states the unions would be acting, on his ad-
vice to compel employers to enter into agree
n,onts r violation of constitutional provisions,