Evening star., 1944-04-25
Time to Protect Rights

lime TO ProtectK
Citizens Can Act Now
to Curb Bureau Rule
By David Laurence
Every now and then the citizen wakes
up to find himself victimized by his
Government,-some fundamental right
or liberty taken away by . regulation
that has never been written into law,
some penalty imposed that Congress
never ventured to legislate, and some
discrimination or hardship visited upon
the citizen without . chance for court
review.
Then the citizen, growing irritated
and vexed, forgets all about interna-
tonalism, foreign policy, the four free
doms, and begins to think that while
immense sacrifices are being made
abroad, totalitarianism Is creeping into
our democratic institutions ct home.
The citizen often cries out, ~why
doesn't some one do something about
it?"
There is q very conspicuous case In
point coming up right now where the
citizens will have chance TO "do some
thing about it." For many months
millions Of citizens have been restricted
by bureaucratic regulations on price con-
troll and wage control and rationing.
1t was understandable at first that Con-
gress, when delegating broad authority
to the bureaus, could not spell out each
contingency that might arise. But now,
after nearly two years experience by
the trial-and-error method, enough
knowledge has been accumulated about
how the price control and wage and
salary acts operate as to permit o re-
writing Of the statutes In manner that
will safeguard the purposes Of the acts
and at the same time the rights Of the
citizen.
Smith Committee Report.
A select committee Of the House,
headed by Representative Smith, Demo-
crat, Of Virginia, has made report
which Is the result Of careful study of
the provisions Of existing law and the
effect Of existing regulations.
Some Of the recommendations are 30
| constructive that even the minority
members of the committee, consisting
Of administration supporters, feel that
some Of these proposals should be given
legislative sanction.
Thus, for instance, the select COM
mittee takes cognizance of the confusion
that has resulted from the failure of
Congress to define the Jurisdiction and
authority Of the War Labor Board as
contrasted with that Of the National
Labor Relations Board. Both factions
on the committee agree that collective
bargaining agents should be determined
by means Of elections held under the
National Labor Relations Board and
that the War Labor Board should not
attempt to pick bargaining agents. In
cidentally, this has been the issue In the
Montgomery Ward strike in recent days.
Likewise, the minority agrees with the
majority in providing for certain court
review for the citizen.
Proposals Cover Wide Field.
The proposed amendments cover q
wide field and 1t Is to be expected that
not all Of them are to be adopted, though
already the administration Is crying out
that the act should be passed as It 10 and
that this Is not the time to rewrite the
law. It seems certain that If the Amer
ican people care anything at all about
their rights, they win bestir themselves
this time and insist that their riRsats
be specifically safeguarded by Congress.
One Of the most unfortunate aspects
OF war period Is the tendency to put
over" during an emergency things that
are plainly not constitutional and are
normally against public policy. Thus,
there is no authority In the National
War Labor Board whatsoever to require
companies to sign agreements with
unions under dress or to force COM
| panies to sign "maintenance-of- -mem-
bership" or any other kind Of closed
shop" agreements. But in the absence
Of any specific prohibition in the law,
the National War Labor Board goes
right on ordering these maintenance.
of-membership" stipulations.
Representative Smith would specific
ally prohibit the National War Labor
Board from requiring any person ito
sign any contract or agreement to which
such person does not voluntarily agree"
Wage Sterilization.
On the subject Of wage sterilization,
the majority Of the committee points
out that If the employer makes mis-
take in some slight increase In salary
or wages, he Is subject to the penalty
OF having the entire amount Of the
salary or wages refused q taxable de-
duction. Representative Smith would
amend the law so that only the increase
In salary that is granted contrary TO
regulations can be disallowed, and he
would have this particular amendment
apply from the very beginning of the
act so that, as he says, the bureaus viii
not contend that Congress refused to
disturb the penalties written by the bu-
reaus.
At present, few employers can know
what their taxes are because they will
not know for years to come what deduc-
tions have been allowed where wage or
salary increases have been granted In
good faith and in an attempt to under
stand the complicated and obscure reg
ulations that have been issued under the
wage stabilization laws.
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