The Wilmington morning star., 1946-11-22
As PeglerS Sees 1t
By WEsTBROOK PEGLER


4. Knox, OIL NEW 10TH, d WL1SO
who stepped out O. his judicial character to
oppose the Roosevelt scheme to pack the fed
eral courts, has sketched a plan tor a system
of labor courts to sit in union disputes, super
seding the Labor Relations Board set up BY
the Wagner Act. Judge Knox tried George
Browne and Willie Bioff, two of the more no.
torious vermin of the A.F. OF L., and has
had other experience in union cases. HIS mall,
elected by his vigorous language in criticism
of the Roosevelt system Of unionism, like my
own correspondence, has included many pa
thetic letters from workers and their wives
who have suffered from the bossism OF the
sordid professional unicneer. He has found 1t
necessary to say explicitly, II earnestly de-
sire that unions should thrive and l should
resent any suggestion that l wish to bring
about their destruction" Those have been my
own sentiments throughout ten years OF cam
~paigning against corruption and wanton op-
preston of individuals and the public, but I
seldom have taken occasion to say so. 1t has
always seemed to me that my motives, good
or bad, were no legitimate part OF the con-
troversy. Even if I we're entirely and I'M
placably anti-union Or even anti-labor, the
facts Of the case would still stand by them
selves.
Inasmuch as a number OF other federal
judges, members of a bench which Is stln
generally regarded as our most judicial, most
intelligent and least political, have written to
encourage Judge Knox in his proposal OF a
labor court, and a bill is being written for
consideration by congress-, l believe his plan
should be presented to a wider public than
he has been able to reach thus far.
He discussed it in a speech on Oct. 3 in
which, without naming the Labor Relations
Board, he voiced a suspicion that admins
trative agencies, that system Of kangaroo
courts set up by Roosevelt, do n o t respect
the fundamental principles of legal justice.
sLet us hope he said, that hereafter they
will come to understand that, if this country
is to continue to be free, it is essential that
American rights, both private and public, and
notwithstanding the demands Of opportunlsts,
be regarded as sacrosanct."
He gave no ground for any such hope, so
he may have been pointing at the futility of
hoping. He then referred to the maritime and
teamsters' strikes and their results in New
York, all Of which could have been prevented,
and with fairness under law to the workers
involved, by legal proceedings in a labor
court.
The foreign and coastwise maritime COM
merce of the country had lapsed into a coma,
he obsered, and, in New York, 'mlulons OF
strong, healthy men and women were reduced
to diets of canned goods and dried cereals"
He may have seen, as l did, about that tlme'
a picket repel a truckman who was trying
to deliver an order of milk to a delcatessen.
'In New York. he said, while the Security
Council of the United Nations labored tor IN
ternational peace at Lake Success, the popu-
lace was subjected to the hazards OF a state
of siege. Instead of being %gainfully employed,
thousands and thousands of worknen chated
in idleness. Having nothing else to oo' hey
filled the picture houses, played the races,
natronized barrooms, manned picket lines ana
spent their savings. When their savings were
gone. public relief was furnished at your ex-
nense and mine. Business enterprise was
penalized. the government lost Its taxes ana
the public came close to the loss OF susie
nance"
Having set a familiar scene, Judge Knox
now presented his remedial plan to recover
from ruthless and utterly irresponsible men
the power to govern which the elected anu
constituted government surrendered to the
opportunities, and later the political hreats'
of the predatory boss unloneer.
He proposes an absolutely new federal court
to consist Of a chief judge, sitting in Washing
ton, and eleven associate judges. Inc court
would consist of three divisions, eastern, cen
trail and western, sitting in New York. chi
cago. San Francisco and Washington, with
three Judges permanently assigned to each
division, and the other two resident In Wash
ington but rowing by assignment OF the chief
judge.
Employers and unions falling into c%ontro-
versy would petition the court in the regular
American way, the chief Judge would deter
mine the prima facie sufficiency OF the pc
tition and the merits would then be heard by
three judges.
The plan proceeds: No settlement decree
shall be inconsistent with any law of the Unit
ed States which regulates maximum hours or
minimum rates OF pay. No decree shall re-
quire that an employee be, or remain, a union
member No checkoff of dues, assessents or
fines shall be made by the employer. No en-
ployer shall be required to pay an, employee
any monies other than as wages. CThis strikes
at the sales taxes now imposed on commerce
by unions and at stand : by or blackmall pay,
now routine burdens on and the
consumer.) No decree shall preclude a fair
profit to the employer nor shall the court
ever hold that an employee is entitled to a
share in the employers profits, but the court
shall take into account the employers past,
present and future profits and give consider
alton to "the adequacy of existing living
standards"
I don't profess to reconcile a seeming am
biguity here, but Judge Knox says this is a
mere sketch of his plan and is willing to
submit it to debate and yield points, if neces-
sary. so that labor and management can be
treated fairly and the country relieved "of
the travail of civil war"
On the fright to strike' Judge Knox said
theoretical rights, whenever TIL e y collide
must be subjected to mutual adjustments.
Such adjustments o. our rights are the reason
why we can live our lives in peace and amlty.
For lilo roocon 1ohnr,c riohf IN cfrIkp mAVl