Evening star., 1946-06-03
Trumon Must ExpIoin
Pledge to Rail Unions
Promise of Immunity Given
Illegally, Columnist Says >
BY David Laurence 2


The American people have right \
ask whether the stenographic recorf
issued by Messrs. Whitney and John.
ston relative to their conversations O,
the railroad strike with President Tru
man and DR.. John r. Steelman is al
accurate transcript and if so why t..
President disregarded his constitutio: -
oath to execute faithfully the laws i
the United States.
Ii President can grant at will i'm.
munity from prosecution, and If RI
can overlook a law violation of maio,
Importance in exchange for an agree
ment to postpone strike, then of what
value are the new laws which the same
President is asking Congress to adopt?
The railroad strike was serious thing
but, If the record given out by the
railroad union chiefs is accurate. a far
more serious thing has happened. The
people have a right to expect the
President and the Department of JUS
tlce to enforce the laws. Only Congress
IN the regular way can modify the laws.
1t is not within the power Of the Presi-
dent or the Attorney General to close
their eyes to violation of law or to
participate in any scheme to evade the
law and use it as a bargaining device
in labor negotiation.
Taken From the Record.
Here is an excerpt from the steno-
graphic record which it is understood
was made by means of recording
instrument at one end of the telephone
on Saturday, May 49, just before the
flve-day truce was begun and one day
after the Government had seized the
railroads:
'Mr. Whitney: This is Mr.. Whitnev.
Mr.. President. Can you give us assur-
ance that you have talked with the
railroads and they want a conference
and are willing to do something definite2
President Truman: Yes,
Mr.. Whitney: And, further, that in
case we don't settle that the Smith
Connally Act will not be used against
us?
President Truman: If you handle the
matter In the manner suggested to
you, why there is no possibility of your
getting into trouble on that.
Mr.. Whitney: Our attorneys advised
us If we postpone this strike for five
days, we will say, and then we don't
settle, and the strike goes on, that that
might be considered violation of the
Smith-Connally Act
Protection demanded
President Truman: I don't think it
would be if you follow directions that
Steelman has dictated to you.
Mr.. Whitney: And you will protect
us with the Attorney General, as far as
you can?
~. President Truman: Yes.
Mr.. Whitney: Well
Mr.. Johnston: That's long ways to
go if you will do that.
president Truman: I will. I have
been trying to protect you
subsequently in the conversation DR..
Steelman is quoted as having suggested
that the railroad chiefs announce mere
ly that they were moving the strike
date. His theory was that moving of
the original strike date was not a viola
ton even though the strike would actu-
ally begin five or six days after the
Government was in possession of the
railroad properties. The railroad unions
had lawyers who thought otherwise and
careful reading of the law will show
that their fears were well grounded but
If, on the" other hand, they had a
promise from the White House of i'm
munity from prosecution, they had no
cause for worry.
Where was the Attorney General In
all this? Was he consulted by the Presi-
dent before the curbstone opinion was
rendered that by the simple device of
moving" strike date the purpose and
meaning of the Smith -Connally law
could be nullifed?
The White House should explain It.
self to the American people. For here
is an issue that transcends strikes and
political maneuvering or even economic
damage. 1t goes to the root of law en-
1orcement and character in the admin
lstration of the statutes. Mr. Truman is
not a lawyer. DR.. Steelman is not
lawyer. The Constitution provides that
the Attorney General shall furnish legal
opinions to the President of the United
States. What did the Attorney General
advise, If indeed he was consulted at
all. which is being doubted hereabouts.
1t seems incredible that decision of
such major Importance could have been
made without competent legal advice
to the President. A straightforward ex-
PLANTATION of what did happen is i'm
peratlve even if it reveals a blunder
for which the President Acknowledges
publicly his regret and accompanies it
with assurance that he does not intend
to play favorites, political or otherwise,
in enforcing the law.
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