Detroit evening times., 1945-06-22
PAUL
NlALLON
Behind
The News

Nal all w itAA tive OINtl ' NA
OF the Supreme Court can he
found who does not see behind
the flock Of pre-recesS decisions
a determination 10 make this
country over into a union autoc-
racy established by legal inter-
pretations
The minority OF the court
charges as much as in its dis
sentlng opinions, and the ma
jority does not deny it. con-
tending such was the intent OF
Congress twhile the minority in
turn denies Congress ever had
such a purpoSGl.
The majority is led by JUS
tiee Hugo Black, who generally
counts on Douglas, Murphy and
Rutledge 10 support him. Black
is an ideologlst more than a
lawyer, and in his Senate ca
reer he was always angry at the
existing world, whatever its
state. He is a true leftist at
heart, and devoted apparently
to autocratic or despotic con-
troll by II.
THE protesting minority is led
Il by Chief Justice Stone, a
liberal OF the Brandeis and
Holmes school, who favors
democratic equality before the
law and no special privilege.
Generally ne can count on JUS
tices Roberts and Frankfurter.
but the remaining two, Jackson
and Reed. side more often with
the Black faction than with
Stone. FhHs Black generally
gets ; or 6 votes against the
minority OF 3 or 4.
In the series of closing de-
ciSi0nS, here is the situation IN
which the Black faction has
been able 70 place the country.
BY outlawing the Florida la
Dor law, the court has author
lied -felnnS,-ceft -szatfaztrrS
or men not of good character
in fact any one in charge of a
labor uniOn-to operate freely
beyond the antitrust law. fix
ing prices to the public, leUing
tributes on the public or busi-
ness and consplring in restraint
Of trade.
In the New York electrical
workers case. the court ordered
the unions not 10 do such things
m corporation with employers,
That would make their activities
Illegal, it said. Only unions have
the right TO violate a law it
held thereby establishing one
law for the unions and an OppO-
site law for every other citizen
outside.
GOING further, the majority
" held unions have the legal
right 10 put any business out OF
business, and can deny any
business the right 10 operate.
In the Philadelphia trucking
case. the court upheld the ac-
tion OF the teamSterS in refusing
10 let the A&P hire a firm OF
truckers with which the union
had troublc) and that firm was
actually put out of business.
The excuse Of the Black fac
tion for building up this new
right legally for one class Of
citizens 10 plunder both the pub
lie and business, is that Con-
greSS said in the Wagner Act.
the court should uphold the
NLRB and the unions whenever
there was any evidence 10 sus-
tain their position.
But in the Bridges case, Con-
greSs gave precisely the same
SuperpOwerS TO the attorney
general. The law said the cabi-
net officer should be the final
Judge on deportations for COM
muniSm and the courts should
Uphold him whenever there is
any evidence 10 sustain him.
TlIE Black faction altered lis
Il reasoning entirely 10 save
Harry Bridges. the West Coast
labor leader. from deportation.
II overruled the attorney gen.
eral, went into his evidence. ig-
nored the congressional directive
and held every one in the gov
ernment was wrong, and the
government evi dence was
wrong.
The Black crowd put the As
sociated Press under the thumb
of a critical New York court.
which must approve any bylaws
il makes in the future. And the
AP cannot make n bylaw pre-
venting the New Deal Chicago
Sun from obtaining its news, al
though the unions in the news
paper can put both the Sun and
the AP out of business for any
arbitrary reason occurring 10
whomever runs the unions at
those plants, if they have unions.
DEOPLE may he inclined 10
Il look upon this new super
government in the court as a
traveSty on Justice and a col
lapse Of reason. II may be-but
il is now the law OF this land,
and Will continue 10 be law until
changed.
In my opinion, only the cau-
tious use of this power by wise
labor leaders can prevent the
revolutionary consequences OF
the legal authority which the
Black faction is building up, and
If the radical unions succeed
i'm capturing control OF pollti-
cal Offices through such move
mentS as CIO-PAC, they can
make government decisions