Evening star., 1947-06-24
BY the Assoeiotsd Press

James c. Petrillo, who got dou-
BILE rap from the Supreme Court
only yesterday, will be the target
|of = congressional investigation
tentatively set for next Monday.
Mr.. Petrillo, president Of the AFL
Musicians Union, has been under
subpoena for weeks by . House
Labor subcommittee.
Representative Nixon, Republican,
of California, a committee member
told q reporter:
We've done a considerable
amount of groundwork on the case
and have plenty of questions to fire
at him about his unions policies and
practices.
I'VE want to ask him about
featherbedding, about making an
employer hire more musicians than
he needs; about his famous welfare
fund and how 1t Is being used.
1--WE are interested in whether he
has adopted practices that have had
the effect of discouraging the use
of new inventions, as in the tele-
vision and frequency meditation
fields"
The subcommittee held OF Its in
vestigation while waiting for the
Supreme Court to rule on the Lea
Act, passed by Congress last year
to curb some Petrillo operations.
Case Sent Back for Trial.
Among. other things, the law was
designed to prevent Mr.. Petrillo
from forcing broadcasters to hire
more workers than they consider
necessary. The Supreme Court up
held the law, to 3. It sent the
case back to the Federal District
Court in Chicago to determine
whether Mr.. Petrillo has violated it.
And, in a 6-to-3 decision, the court
said it was illegal for the musicians
president to require that dance hall
proprietors sign contracts under
which they would pay the social Sc
curity taxes of orchestras rather
than the orchestra leaders.
The court held that the leaders
are independent contractors and the
employers of the musicians in their
orchestras and SO must pay the
taxes. ~
In Chicago, Mr.. Petrillo told news
men: "The Supreme Court has
spoken and I bow to its dictates"
The House committee became in
terested in Mr.. Petrillo's activities
during it's hearings ON the new
labor law. It heard testimony that
the union leader had barred high
school bands from radio and re-
Quired employers to pay for musi-
clans they never used.
FM Stations Ask Programs.
A subcommittee headed by Rep
resentative Kearns, Republican, Of
Pennsylvania. who Is 4 member OF
the Petrillo union, was assigned to
look into Mr.. Petrillo's activities.
Mr.. Kearns was in Philadelphia yes
terday and planned to be in New
York today collecting and checking
on evidence.
Immediately after yesterdays
court decision on the so-called Anti
Petrillo Act the FIN Association
asked the four major radio networks
to make their musical programs
available to frequency modulation
stations.
An association statement said net
work music has been denied FIN
stations under a Petrillo "edict" that
networks would have to duplicate
their musical stats II they piped
music to FIN outlets.
The association said the court
ruling wipes out the Petrillo re-
quirement.
Mr.. Petrillo was accused of viola
ting the act soon after It's passage
last year by calling q strike at Radio
Station WAAF in Chicago to sup
port demand that the station hire
three more record Librarians. WAAF
said the three were not needed.
Law Within Constitution.
Mr.. Petrillo won dismissal of the
charge on a District Court ruling
that the law is unconstitutional. The
Justice Department bypassed the
Court of Appeals to get quick
ruling from the Supreme Court.
Justice Black delivered the Courts
to 8 finding that the law itself is
within the Constitution. Justice
Reed dissented, Joined by Justice
Murphy and Rutledge. Justice Doug
las took no part.
Mr.. Petrillo contended the law is
too vague in setting up standards