Evening star., 1947-01-20
.JudgeAccused
|0f Bias in Trial
|0f Portal Suit
EustIund Asks House
Inquiry on Picard With
View to impeachment
BY the Asseciafed Press

BY the Associated Press
Senator Eastland, Democrat, Of
Mississippi said today the han
ding of a portal pay case by
Federal Judge Frank Picard OF
Detroit should be investigated by
the House of Representatives,
with a view to impeachment"
Senator Eastland is member OF
a Senate Judiciary Subcommittee
considering legislation to outlaw
more than $4,000 600, 900 of portal
to-portal back pay claims. He sug-
gested the investigation at COM
mittee hearing after testimony by
Theodore r. Iserman, New York
attorney representing the Chryslec
Corp in connection with the portal
suits.
Mr.. Iserman testified that Judge
Picard heard suit for $250,000
brought against Chrysler by plant
guards. He said that during the
trial Judge Picard said he wanted
1t understood that I am strictly
pro-labor-I want these men (the
guards) to get every penny that is
coming to them
Mr.. Iserman told the subcor1-
mittee that Judge Picard later Or
dered this remark stricken from the
record. The attorney testified that
he had later obtained copy of the
remark from the court reporter.
Witness Opinion Asked.
Senator Eastland asked Mr.. Iser-
man if the latter believed the al
legged remark by Judge Picard to be
unfair.
II think it was very unwise, If not
unfair" Mr.. Iserman replied. Sena-
tor Eastland then said:
Il think the House of Representa-
tives should investigate the fairness
of the remarks of the judge with q
view to impeachment.
Judge Picard is the jurist who
made the original decision in the
Mount Clemens (Mich.) Pottery Co.
case, which was upheld by the Su-
preme Court last June. 1t was this
case which led to the filing of the
series of portal claims.
Judge Issues Reply.
In New York, Judge Picard, who
is sitting as visiting judge in the
fourteenth district of New York Fed
eral Court, said today that his de
cisions have never at any time been
influenced" by either prolabor or
procapital views
Certainly am prolabor, but
most certainly am also procapital.
and my decisions have never at any
time been influenced by those feel
ings and am certain my decisions
speak for themselves, he COM
mented. Can 1T be that someone
is trying to influence my coming
decision in the pattery case? Well,
they won't"
Mr.. Iserman testified that the
jury in the Chrysler case returned
verdict in favor of the corporation.
He said that Judge Picard twice
suggested that the jury change this
verdict but that it refused.
Says Jury Was Present.
Under questioning. Mr. Iserman
told Chairman Donnell that Judge
Picard made these statements in
the presence of the jury and before
few court spectators.
At Senator Donnell's request, Mr..
Iserman agreed to obtain a ver-
batim copy Of remarks he attributed
to Judge Picard and submit 1t to the
committee.
Mr.. Iserman said the case to
which he referred was docketed as
"Ackroyd versus Chrysler."
Earlier, Mr.. Iserman testified that
"ahout IL to l3" portal-pay suits
aggregating $130, 900, 600 to S145, ,000,-
600 are pending against Chrysler.
He told the subcommittee that
while he was not speaking "on be-
half of any of his cllnets, including
Chrysler, II do speak with intimate
knowledge of their problem"
Told to Cite Authority.
Previously the subcommittee had
called upon the CIO general coun-
sci, Lee Pressman, to cite what legal
right he had to refuse to divulge q
name which the group had re-
quested.
Chairman Donnell told Mr.. Press
man sharply Saturday that he knew
of no rule permitting him to with
hold the information.
The sometimes heated exchange
came to a close with an express
understanding" that Mr. Pressman
would submit in writing today his
view of any law that might allow
him to remain silent.
The specific name involved is that
of an industry representative who,
Mr.. Pressman said. told him corpo-
rations were refusing to bargain coll
lectively on the portal pay issue
because they felt certain, on the
basis of conversations with Congress
members, that the law would be
changed.
Mr.. Pressman said various other
CIO men had similar talks with
management officials, but he re-
fused to mention any names, con-
tending that to do so might have
disastrous impact" on collective
bargaining procedure.