58
Friday, September 7, 1984
THE DETROIT JEWISH NEWS
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MI I IN
State of the unions
IN
-
time later, he made the com-
ment that he'd probably be kil-
led.
"So he asked me to be his
lawyer, and said, 'They'll
break all the laws to beat us,
but I can beat him (Tony
Boyle).' And I said, 'Well,
you're in, I'm in,' and my life
really changed a good deal.
"We did win that fight. We
got counted out in the union
election — they violated the
law and were just terrible —
but Jock said' he was going to
fight on and win.
"We went down to the Labor
Department, trying to get
them to upset the election, and
Jock and I had our picture
taken."
Rauh got up and walked
over to the wall where the pic-
ture was hanging. He is a tall
man with white hair and
friendly, glasses-framed eyes,
and when he points to some-
thing, his big hands indicate it
casually, but very definitely.
This is the one I always call
The Murder Picture,' " he
said. We were at the Labor
Department and this picture
came out with the statement,
`Yablonski To Try To Upset
Election.' And that's when
Boyle sent the order to kill
him.
"The labor movement, in a
sense, is like the Republican
Party. The Republicans are
denouncing the Democrats (of
which I am a loyal member) for
saying that there are wrongs
in this country that should be
righted. They say we're gloom
and doom. I *ouldn't say that
trying to make the country
better is gloom and doom, but
that's Reagan's line.
"That's exactly the same
attitude that the labor move-
ment has toward those who
would criticize corruption and
lack of democratic practices. I
believe so deeply in the labor
movement as the greatest
force for democracy in
America 'that I want it im-
proved.
"A young man coming to
Washington as a liberal might
not be as pro labor as I was, at
least not in the devout sense
that we were when we came
here in the '30s.
The son of a Reform Jewish
Cincinnati, Ohio, shirt man-
ufacturer, Rauh came to
Washington in 1935, fresh out
of Harvard College and Har-
vard Law School (both magna
cum laude), and chock full of
Felix Frankfurter's liberal
fire.
"I was one of the
Frankfurter Hot Dogs," he
said. "I'm one of those who
were sent down here by then
Professor Frankfurter. He
didn't become a justice until
1939. I was here four years be-
fore he was. He had sent more
young people to Washington
than everybody else put to-
gether. He was sort of the
scout and recruiter for kids
who wanted to work for
Roosevelt.
"I went to work for Ben
Cohen and Tommy Corcoran.
Then I became Justice Car-
dozo's law clerk, and then I be-
came Felix's. So I've always
said that anybody who had
Frankfurter as a teacher, then
One of the things
that has happened is
that there's been this
terrible split between
labor and liberals."
had worked for Ben Cohen,
Benjamin Cardozo and Felix
Frankfurter (I became
Frankfurter's first law clerk in
Washington), could hardly
have been anything else but
liberal. I make no suggestion
that there was any free will
operating there.
"But how could a guy have
been luckier than I was?"
Rauh pointed to photographs
of Frankfurter and Cardozo on
his wall. "My liberal motiva-
tions were foreordained. So if
you came to Washington in
1935, liberalism and labor
were one. I mean, one of the
things that liberals were most
for was labor.
"I couldn't have avoided
labor law if I had tried. I was
Justice Cardozo's law clerk
when the Wagner Act was de-
clared constitutional in 1937.
Cardozo didn't have any chil-
dren or close relatives, so you
were his son: during the period
you were permitted to be his
law clerk. You rode to court
with him on Saturday — the
conference meetings were on
Saturdays then — and riding
back he'd tell you what hap-
pened.
He always called me Mis-
ter. I was 25 years old. He said
`Mr. Rauh, you'll never believe
what happened.' I said, 'Yes
sir. I'm dying to find out.' He
said, 'Chief Justice Hughes
and Justice Roberts voted with
us and they didn't even men-
tion all the cases they'd been
for that went the other way.'
He said they buried cases
without ever mentioning them
that day. It was all the
Roosevelt court packing plan.
The liberals had finally taken
over the court. There were
about five cases that day, and
in all of them the Supreme
Court upheld the Wagner Act.
It was exciting."
"Of course the Jews were a
tremendous influence (in the
labor movement)," said Rauh,
who is Jewish himself.
"Dubinsky (the leader of the
International Ladies Garment
Union) was a great character,
an absolutely incredible guy.
He didn't agree with the ADA
foreign policy. He'd call me all
sorts of names and then he'd
hand me enough money to
keep the organization going
for another year.
"Why? Because we were
going in the same general di-
rection. He saw the impor-
tance of liberal-labor coopera-
tion. He never once said,
`Look, brother, either you take
this position or no go.' He
never once tried to throw his
money around. There was a
kind of beauty about him that
you had to like. You knew that
he thought you were nuts, and
you knew that he couldn't dis-
agree with you more, but he
never made his support con-
tingent on your accepting his
position.
"I remember Sidney Hill-
man well, too," said Rauh, re-
ferring to a founder of the CIO
and president of the Amalga-
mated Clothing Workers of
America. "He was down here
in 1940-1941 on preparedness
for war. In September of 1940, -
Justice Frankfurter called me -
up and said, 'Joe, what are you
doing?' I said, 'Well, I'm doing
something, but what am I sup-
posed to be doing?"
"He said 'Come right up
here.' So I rush up to the court,
and he said, want you to go
see Sidney Hillman. I've got a
very important matter to dis-
cuss with him. Bob Patterson,
the Undersecretary of War, a
Republican, is going to make a
speech for Roosevelt and the
President's worried that if
Patterson makes a speech, for
Roosevelt, Bill Knudsen (Di-
rector General of the Office of
Production Management) will
want to make a speech for
Willkie, because he'll feel that
he doesn't want it to look like
the whole war effort was for
him. And a speech by Knudsen
for Willkie will hurt him more
than a speech by Patterson for
him.'
"So Roosevelt tells Felix,
`Find out for me.' And
Frankfurter tells me, 'You go --
see Sidney and see what •you
can find out.' So I went over to
the Office of Production Man-
agement and said, 'Mr. Hill-
man, I've been sent over here
by your friend, Felix
.