Evening star., 1946-12-02
PetrilIoCIeared;
Lea Act IsCaIIed
Unconstitutional
Charges Arising From
Rudio Station Strike
Are Dismissed
By the Associated Press

CHICAGO, Dec. Federal
Judge Walter J. La Buy today
dismissed charges of violating
the Lea Act filed against James
C. Petrillo, president of the
American Federation of Musi-
clans, AFL, holding that the act
is unconstitutional.
Mr.. PetriIlo had been accused of
violating the Lea Act by calling
strike at Chicago radio station in
support of a demand for hiring ad-
ditional musicians whom the sta
ton contended were unnecessary.
The Lea Act was passed by Con-
gress to prohibit compelling or at
tempting to compel broadcasters to
hire more employees than are need
ed to perform actual services"
Judges Opinion.
In an eight-page opinion, Judge
La Buy said:
''The court holds that the statute
involved in the application here
sought to be made violates the fifth
amendment because of Indefinite
ness and uncertainty in the deflni-
ton Of criminal offense; violates
the first amendment by its restric-
ton upon freedom of speech by
peaceful picketing: violates the fifth
and thirteenth amendments by its
restriction upon employment OF
labor, and violates the fifth amend
ment by an arbitrary classification
as between employers and employees
and as to other communication
industries.
Mr.. Petrillo was not in the court
room, but when reached at the Chi
cago Office OF the AIM commented:
THANK God for the Federal
Courts, where they preach and prac-
lice democracy, where they say that
the Constitution applies to musi-
clans as well as to the National
Association of Broadcasters and
where they say that Cangress can
not discriminate against 100000 mu-
sicians."
United States Attorney J. Albert
Vol, who prosecuted the action
against Mr.. Petrillo. said Judge La
Buys ruling would be appealed di-
rect to the Supreme Court.
Bill Signed April rs.
The Lea Act, signed by President
Truman April 26, developed from an
original attempt by Senator VAN
denberg, Republican, of Michigan to
Override a Petrillo ban against
broadcast of the Student Music Fes-
tival at Interlochen, Mich.
I Mr.. PetroIlo contended the pro-
gram took jobs from professional
musicians.
The AFL union leader initiated
| his challenge of the constitution
ality of the Lea Act May % by CALI
ling a strike Of three record libra
rians at radio station WAAF in
Chicago, after the station had re-
fused to hire additional librarians.
In calling the walkout, Mr.. Pc
trillo said he knew his action was
contrary to the restrictions of the
Lea bill" but that he had been ad-
vised by legal counsel that the bill
was unconstitutional.
u. S. Meets Challenge.
The Government met Mr., Petrillo's
challenge on June 13 by filing a
criminal information in Federal
Court accusing him of using force,
intimidation and duress" in attempt
ing to "coerce, compel and constrain"
the station to employ three addi-
tional persons mot needed by the
station to perform actual services" 3"
In trial of the case, Mr., Petrillo
charged that the Lea Act was 'one-
sided and discriminatory because
it's sponsors 'purposely and inten-
tionally framed it, to discriminate
against radio station workers and to
protect the profits of stations.