Evening star. [volume] (Washington, D.C.) 1854-1972, 1947-06-08
Senate Vote BoIsters
World Trade Program
Ultimate Success of LILO Program
Held Essential to Free Trade
n, C,ernrd D. ReiIlu


By Gerard D. Reilly
Further evidence Of how far the principle
Of international cooperation has become &C
cepted In this country was the passage this
week In the Senate, with scarcely ripple,
of the Thomas-Lodge resolution. This legS-
lation authorizes the United States to accept
the revised constitution OF the International
Labor Organization and to pay an increased
contribution to It's budget.
The no Is the only one Of the spe-
cialized agencies OF the Inflated League OF
Nations which has been carried over virtually
intact by the United Nations Undoubtedly
the active support which 1t has received from
the United States was an important factor in
Its survival, for like the league, the ILO
was one OF the first casualties Of the for
midable NaA war machines. Compelled in the
early part of the war to evacuate its headquar-
tiers in Geneva because Of diplomatic pressure
upon the Swiss government, the organization
under John Winant's leadership moved to
southeastern France. The move had scarcely
been completed when German column which
had outfanked the Maginot line encrcled Its
new quarters. A few members of the staff
managed to leave France before the capitula-
ton of the Vichy government, leaving in enemy
hands an irreplaceable collection of files and
papers.
During the rest Of the war. small nucleus
OF the international civil servants who COM
prise the staff carried on the work of the Office
In Montreal. The most important function,
however, the preparatory work for the annual
international labor conferences, was suspended
for several years These were the meetings at
which labor conventions (Standards) were
adopted for submission to the member nations
for ratification. During the latter part Of the
war, however the conferences were revived.
Arrangements for meeting in Philadelphia
were made by Mrs. Elizabeth Rowe. the ener-
getic and youthful director of the washington
office Of the organization, which was attended
by delegates from many Of the occupied coun-
tries.
Secretary of Labor Frances Perkins arranged
to have the final session of the conference held
at the White House. President Roosevelt spoke
personally to many of the labor leaders who
had been taking part in the underground war
fare against the Axis occupying forces, and had
escaped frontier guards to appear as delegates
at the conference.
The changes in the constitution which the
Senate has now ratified are primarily OF a
ton of the League of Nations OF particular
interest to the United States, however. are
certain amendments relating to the obligation
of Federal States with respect to the ratifying
of international labor standards. One of these
amendments requires that conventions which
are not appropriate for Federal action because
of constitutional limitations may be referred
for legislative action to individual state or
provincial governments. This should solve one
of the legal controversies which has been
somewhat embarrassing to the United States
at these conferences.
Since labor standards in this country have
always been relatively high, the American
delegation has usually given full support to
passage of the most enlightened measures on
wages, hours and working conditions. Under
the constitution of the ILO, after conference
each member nation is obligated to submit
the convention or standards adopted by the
conference to its own legislative authority
for appropriate action. If the convention is
not accepted, no further obligation rests upon
a member nation.
The first international conference attended
by this country was one which adopted a
limitation on hours of work in the coal mines,
prohibition upon the employment OF women
in underground work, and a reduction OF hours
of work in glass bottle factories This was in
1895, period in which the old Supreme Court
was holding that Congress had no authority
under the commerce clause to regulate the
conditions of labor in manufacturing or mining
industries. Since it became the duty OF the
United States to submit these conventions to
the competent authority" question arose as
to what that competent authority was
Labor Department lawyers, relying on line of
o;eio whit nh hali hot he
treaty-making power OVERRIDE any constitu-
tional restrictions upon the authority of
Congress, were of the opinion that these labor
conventions should be submitted to the Senate
as treaties The legal advisers to the State
Department were of contrary view. Attorney
General Cummings ultimately rendered an
informal opinion siding with the State Depart
ment.
The result was that the President simply
sent message to Congress enclosing certified
copies of the conventions. The presiding
officers referred them to the standing commit
tees of both houses, where presumably they
are still reposing.
This incident somewhat impaired the pres
tige of the United States at the next inter-
national conference. AS result the only con-
ventions actually adopted related solely to the
maritime industry. Since the competence OF
Congress to legislate with respect to labor
standards of seamen was unquestioned these
were submitted to the Senate as treaties. SEN
ator Thomas of Utah, who has taken schol-
arly interest in the ILO program, was able
to persuade his colleagues to vote for ratifca-
tion-even in a period in which isolationSt
feeling was predominant
Under the revision of the no constitution,
the problem Of implementing conventions by
legislation should be easier to carry out. Tor
matters outside the pale Of Congressional power
can be brought before State legislatures. The
revision also requires all member States to
report periodically the extent to which effect is
being given to the provisions of each ratified
convention. Such reports would show the
extent to which the international standard Is