Evening star., 1947-02-05
Government Seeking
To Rush Portal Case
Back 10 High Court
BY the Asseeiaied Press

DETROIT, Feb. 5.-Tfre Gov
ernment said today that it wishes
to return the Mount Clemens
Pottery Co. portal = to = portal
case to the Supreme Court "as
soon as possible"
John r. Sonnett, Assistant United
States Attorney General, said that
this course of action had been
cleared by every Government
agency, including the President of
the United States"
Mr.. Sonnet presented a petition
to Federal Judge Frank A. Picard
asking permission for the Govern
ment to step into the six-year-
case which was the forerunner of
nearly 5000, ,000,00 In portal pay
claims against industry.
Judge Picard, who is hearing the
Mount Clemens case, indicated that
he is not opposed to the Govern
ment entering the case but that he
felt that the national CIO should
be given the same opportunity. He
then deferred for "a hours the deci-
sion on allowing the Government
to intervene in the suit.
Wants Final Settlement.
Judge Picard told Mr.. Sonnet:
II want it to go up to the Supreme
Court, whatever I decide. I think
there is something to be settled that
should be settled once and for all"
Judge Picard asked Mr.. Sonnet
II the Government was prepared to
provide a short cut" which would
enable an immediate return of the
case from the District Court to the
Supreme Court.
Mr.. Sonnett said that the Govern
ment feels an early determination
of the pottery case is desirable in
the public interest and that the
Government is prepared to take it
to the Supreme Court as soon as
possible.
In his petition for intervention as
q party to the suit the Assistant
Attorney General said the Govern
ment's position is the same as out
lined before Judge Picard in public
hearings a week ago.,
"The United States has a direct
financial interest" he said, because
of the billions that might be in
volved in tax refunds to industry.
He also cited an estimated $88,O00,-
600 which he said the Government
might have to return to war con-
tractors.
Plaintiffs Attorney Objects.
Edward Lamb, attorney for the
plaintiff, objected to the Govern
ments petition and attorneys for
the Mount Clemens Co. withheld
any statement of their position.
With the consent of Judge Picard,
both sides entered into private
discussion with Mr.. Sonnett while
the court recessed.
The judge has been directed by
tine Supreme Court to assess portal
time in the pottery case and decide
whether or not it is too trivial to
deserve damages.
Mr.. Sonnet, maintaining that the
time was too trivial to merit notice,
dppCdIC Gu 1doI WCCh do d 14ASA1A VA
the court, a status that gave the
Government no interest in the suit
beyond the District Court hearing.
Employees who began the suit in
1941 and company executives con-
cluded two days of testimony yes
terday ON the time required for
workers to prepare for their jobs
by donning gloves, readying tools,
and other tasks.
Calls Testimony absurd"
Charles E. Doll, ST., general man
ager of the firm, testified that not
more than one minute daily was
thus consumed by an employe.
However, employees testified that
they spent up to 20 minutes a day
in addition to the time they spent
walking from time clock to work
bench.
Judge Picard labeled some of the
employees testimony absurd and
added:
i've got to get this testimony on
the record but I don't have to be-
lieve everything these witnesses
say"
The court also expressed concern
l. F..