THV 1VMIG
IGAN DAILY _____
!M
AN DAILY
Is The Wagner Act One-Sided?
Noted Economics Teacher Replies
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Edited and managed by students of the University of
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Editors
. Robert D. Mitchell
. . Albert P. Mayio
Horace W. 01lrmore
* Robert I. Fitzhenry
S. R. Kleiman
Robert Perlman
. . . Earl Gilman
* . William Elvin
Joseph F'reedman
. . Joseph Gies
Dorothea Staebler
. . Bud Benjamin
Business Department
Business Manager . Philip W. Buchen
Credit Manager ... Leonard P. Segelman
Advertising Manager . . . William L. Newnan
Women's Business Manager . Helen Jean Dean
Women's Service Manager. . Marian A. Baxter
NIGHT EDITOR: MALCOLM E. LONG
The editorials published in The Michigan
Daily are written by members of the Daily
staff and represent the views of the writers
only.
Back Out
Back Taxes .. .
O N FEBRUARY 9, the U.S. House of
Representatives passed a bill entitled
"The Public Salary Tax Act of 1939." This bill,
which is now in the Senate, would amend the
Revenue Act of 1938, making all public employes,
Federal, State, county and municipal subject to
the income-tax laws of the Federal government.
This bill, which was recommended by the
President, is a result of a decision by the Supreme
Court last May 23 in the Port of New York
Authority Case. In that decision, the court de-
clared that certain public salarie and incomes
are not exempt from the Federal income-tax
laws.This decision leaves the way open for the
government to tax such public employes under
the existing statutes. Not only can the govern-
ment tax incomes in the future, as a result of
this decision,. but it was pointed out that the
Treasury department could collect back taxes
for the last three years. The three year limit is
set by the income tax law itself.
The present bill has as its purpose not, only
amending the present laws to include all govern-
mental employes and officials, but also to limit
this retroactive effect of the Court's decision.
President Roosevelt, in his message of Jan. 19,
recommended such a limitation as part of his
desire to make the income-tax equally applicable
to all citizens. He said: "Unless Congress passes
some legislation dealing with this situation prior
to March 15, I am informed by the Secretary of
the Treasury that he will be obliged to collect
back taxes for at least 3 years upon the employes
of many State agencies and upon the security
holders of many State corporate instrumentali-
ties . ."
March 15 is the date that income-taxes are
payable. Unless the bill is passed by that time,
many governmental employes, including Uni-
versity employes and others not engaged in essen-
tially governmental functions, may find them-
selves assessable for back taxes by virtue of the
present interpretation of the income-tax laws.
-William Elmer
One very
Minute . . .
T HE BIGGER and better World's Fair
seems on its way in Gotham these
days, with the report that Sally Rand and her
gals may run over from California with their fans
and bubbles. Sally, it seems, presents a company
of girls clad in ten-gallon hats, wide belts, and
boots. She calls her show "Dnude Ranch."
At the same time we hear that the Mikado
and his friends are about to send over their
exhibit from Japan in the form of a "Peace Bell"
costing $1,000,000. Rumor has it that Americans
have the wrong idea of the Japanese. This
"yellow peril" business, they tell us, is all wrong.
Who's been spreading this stuff, they want to
know, about Japan's militarism? Who's been
saying there's no democracy in Japan?
At any rate, the "Peace Bell" is supposed to
be modeled after the Liberty Bell in Independ-
ence Hall at Philadelphia. It is an accurate repli-.
ca, down to the famous cracks, but made of sil-
ver and studded with 11,600 pearls and 380
diamonds. And to show that the Japanese don't
play around when they mean business, it bears
' A YEAR AGO in these pages, I quoted a re-
mark Maury Maverick had made to me,,that
the National Labor Relations Board was facing
the "dirtiest outstanding meanest low-down
crooked conspiracy in the United States." Any-
one who has been able, in the time that has
elapsed, to get behind the barrage of lies and the
perversions of Board policies in the press and on
the air, to an examination of what the Board
was really doing, can testify that Maverick was
guilty of understatement. The smear campaign
of misrepresentation and distortion of the Board's
work is another link in the chain of evidence
being forged by students of capitalist society to
prove the tie-up that exists between big money
and the "lords of the press." Unfortunately, there
still remain too many people who think that they
find in their newspapers "all the news that's fit
to print." Secretary Ickes told them some funda-
mental truths in his debate with Frank Gannett
some weeks ago; if they learned nothing theli,
they have only to reflect a moment on press cov-
erage of the achievements of the Board.
Have you learned from your newspaper that
in the first three years of the Board's work, it
has averted several hundred strikes, settled hun-
dreds more and obtained voluntary compliance
with the law in thousands of cases? Do you know
thatthe accounts you have read in your news-
paper of Board action pertained, in the main,
to only five per cent of the total number of cases
handled by the Board in its first three years of
activity-cases in which resort was had to form-
al hearings, reports, decisions and orders?
The cases you don't read about, because your
newspaper don't print them, represent 95 per
cent of all the cases-all settled without formal
procedure. Now, at last, you can get a complete
picture of the activities of the Board in the book
by Professor Brooks of Williams College, who'
has just published the first full-length study
of the National Labor Relations Act and its
administration. (Unions of Their Own Choosing,
by Robert R. R. Brooks. New Haven: Yale Uni-
versity Press. 296 pages. $3). Brooks starts out
with five sample cases. The first is one in which
the Board dismissd the charges brought by the
union against the employer (16 per cent were
of this type); the second is a case in which the
union, after conference with the employer and
the Board representative, withdrew its charge
against the employer (24 per cent were of this
type); the next two are examples of "adjusted
cases," in which a settlement is arrived at after
conference among union, employer and Board
agent (55 per cent were of this type). Informal
settlement thus marked 95 per cent of the
Board's cases-machinery was here provided for
the successful handling of thousands of the
complicated problems of industrial relationship.
The fifth case is a sample of the five per cent
that make the headlines-the type in which
formal Board action is necessary because the
employer persists in his determination to resist
the principle of collective bargaining, and td
violate the law deliberately.
WHAT IS DIFFICULT for an fair-minded per-
son to figure out after reading this true
account of the Board at work is who is most d-
spicable: the anti-union employers behind the
campaign who issue syrupy statements about
their belief in collective bargaining and at the
same time stop at nothing-even murder-to
prevent their workers from getting it; or the.
reactionary politicians and labor fakers who
mouth the lies about the Act and the Board and
offer amendments to destroy their effectiveness;
or the lackeys of the press who give such wide
publicity to the attackers, embellish the theme
with their own distortions, and either bury praise
of the Board on page 32 or delete it completely.
How much truth is there in the oft-repeated
charge that the Act is "one-sided," that it gives
everything to the employees and ties the hands
of the employers completely? It is an important
and little-known fact that the Act restricts em
ployers' conduct in only one respect-where it
is in conflict with the workers' right of self-
organization and collective bargaining. the em-
ployer still dominates his employees in every
other way. He can still discriminate against any
of his workers, cut wages, introduce the speed-
up, extend the working day, shut down the plant
and move to another city-do any or all of these
things for any reason, except anti-unionism. The
Act does not regulate the whole field of em-
ployer-Worker relationships. It does nothing
more or less than give the workers legal protec-
tion of their right to self-organization and
collective bargaining.
But hadn't workers in the United States had
that right for many years? Yes and no. Yes, be-
cause they couldn't legally be thrown into jail
for having joined a union. The law said that
workers could join unions of their own. No, be-
cause the law also said that employers could dis-
charge them for joining. On several occasions
the courts even encouraged workers to unionize
-by explaining in so many words that singly
they were helpless, that only through organi-
sation could they deal on an equality with their
employers. On other occasions the courts en-
couraged employers to smash the unions-by
pointing out that there was nothing in law to
stop them from using spies or intimidation or
discharge to prevent workers from organizing
.nto those unions which were to give them equal-
ity. In- effect the courts said to workers: You
have the right to organize, but when that right
is interfered with, don't look to the law for pro-
tection. The Wagner Act, by making it an un-
fair labor practice for employers to interfe*
and government officials have resigned in pro-
test from the advisory committee on consumers
with their employees' right to self-organization,
gave legal protection to the workers for the first
time.
* ~ ,~
DOES THIS MEAN, as has o often been
charged, that the law is overbalanced on
the side of the workers? Should the Act be
amended to equalize the treatment accorded to
employee and employer? Indeed it should-but
that would not mean the kind of equalization
that the proponents of the amenidment have
suggested. Quite the contrary. Making the law
equal would mean putting more teeth in it, not
less. Consider the difference in treatment accord-
ed to a worker who violates the law and an em-
ployer who runs afoul of the Act. Chairman
Madden made the distinction clear in an ad-
dress at the 1937 convention of the AF of L. If a
dispute arose and the employers were dealt with
in the same way that labor is mishandled, then
the police would first inquire into who caused the
trouble, and concluding that it was the employer's
fault, would "back the police wagon up to his
office and push him in, lock him up in a dirty
jail and charge him with vagrancy or being a
suspicious person, set his bail or fine so high that
he could not meet it, and leave him."
If, on the other hand, a worker in violation of
the law were to be given the same mild treatment
accorded to the employer, then this is what
would happen: . . . "If Picket, a union man on
strike, violated the law, the employer would file
a. charge in our regional office, perhaps some
hundred miles away. Our office would write a
letter or telephone politely to Picket and ask
him for his side of the story. An investigator
would go out as soon as convenient and attelptt
to ascertain the true facts. If the investigation
indicated that the employer's charge against
Picket was apparently well founded and if Picket
indicated that he was unwilling to bring him-
self into compliance with the law, a formal com-
plaint would be issued against Picket, giving
him not less than five days' notice that a hear-
ing would be held before a Trial Examiner to be
sent from Washington. The hearing would pro-
ceed and in due time the Trial Examiner would
make an intermediate report. If he thought
Picket had violated the law, he would recommend
that Picket 'cease and desist' from further vio-
lations, and post a notice that he would sin no'
more. If Picket followed this recommendation,
that would be the end of the proceeding. If, how-
ever, Picket was recalcitrant, the entire record
of the hearing would be forwarded to the Board
in Washington, which, after studying it, might
make an order similar to the Trial Examiner's
recommendation. This 9rder would be served
upon Picket with a request that he inform the
Board within a specified reasonable time what
steps'he had taken to comply with the Board's
order. If Picket expressly or by silence gave the
Board to understand that he didn't intend to
comply with the Board's order at all, then the
Board would file a petition in the United States
Court of Appeals, and have the record printed,
and file briefs and make oral arguments when
the Picket case had its turn on the docket. The
three judges of that court would deliberate, and
if they concluded that the Boards' order was
supported by evidence and well founded in law,
they would enter a decree that Picket should
comply with the Board's order. Then, after all
these months, Picket would for the first time
face the alternative of obeying the law or going
to jail."
It is quite evident from this comparison that
it is the workers, not the employers, who carry
the greater legal burden. That should be kept in
mind when there is any further clamor for
"equality."
The Act was designed to bring peace in the
industrial field. Has it done so? The answer to
such trick questions as "Why hasn't the Board
stopped strikes?" is simple. It has. Where it
hasn't, those employers who ask the questions
can find the answer in their own anti-union
practices.
* * *
THE AF of L has proposed an amendment which
would make it obligatory on the Board, in
effect, to fix the collective-bargaining unit as
the craft unit. This is suggested because of the
Board's alleged CIO bias. What are the facts?
Professor Brooks gives the figures for the vital
cases on the question of the determination of1
the appropriate unit (e.g., Allis-Chalmers case):
"Of these forty-eight cases, twenty-four were
clearly settled in favor of the AF of L, nineteen
were clearly settled in favor of the CIO, and five
cases were compromised, but with the AF of L
receiving a slight advantage in four instances."
The author ascribes the bitterness of the AF
of L against the Board to the fact 'that in the
first 208 election contests involving both the CIO
and the AF of L, the former won 77 per cent, the
latter only 23 per cent. But since this is a reflec-
tion of the will of the voters and not of Board
bias, he shrewdly observes that "such bitterness
is, in some respects, comparable to an attack
on the use of voting machines because they
record the victory of the party with the largest
number of votes."
Should employers be allowed to request the
Board to hold an election? Is the Board, as Mark -
Sullivan charged on Jan. 26, 1939, "earnestly'
upholding sitdown strikes in some cases"? Does
the Board act like "a French Revolutionary tri-
bunal"? What is the record of the Board in the
courts? Does the Board combine under one head
the functions of judge, prosecutor and jury?
(It should be noted that the employers who are
so outraged at this have never had difficulty in
;wallowing their rage when the judge who grant-
ed their injunctions sat as judge, prosecutor and
jury.) Should an amendment be passed prohibit-
ing "coercion from any source," i.e., from union-
ists? Should there be judicial review of findings
The FLYING
TRAPEZE
By Roy Heath
ACCORDING to a press release re-
cently received from the National
Headquarters of the American Youth
Hostels, Mr. Hugh Walpole once
spoke in the following idealistic vein
concerning the salutory effects the
Youth Hostel system is capable of
working: "Wouldn't it be wonderful
if Ramsay viacDonald, M. Herriot,
Mussolini, Stalin and Hitler could go
youth hosteling for a week carrying
their knapsacks on their backs, cook-
ing their own ineals and exchanging
ideas. It would be a great thing for
the world."
Now I am as great a believer in
plenty of exercise and fresh air as
Mr. Walpole. I also feel that much
good has come of the International
Youth Hostels. Recent events, how-
ever, have rendered me somewhat
skeptical as to the outcome of any
such hobknobing as Mr. Walpole
recommends as being capable of al-
leviating the headaches of the world.
I realize that Mr. MacDonald and
Mr. Herriot are not the same men as
Mr. Chamberlain and Mr. Daladier
and that two of them spending an
uneasy weekend recently as guests of
Hitler and his bully-buddy Benito is
not one and the same with the four
of them hiking over hill and dale in
company with Josef Stalin of Moscow.
NEVERTHELESS, I don't think I
could sleep soundly at nights if
I knew the four of them were out
hiking together. It stands to reason
that if four men cannot settle their
grievances in a palace replete with
all the modern conveniences, a whole
cellar of vintage at their command
and everything but their own natures
working together to lull them into a
state of lethargic good humor, they
are men practically incapable of co-
operation. By no stretch of the imagi-
nation could they be supposed the
type likely to mellow under the jovial'
companionship of the open road.
It would be but a matter of time
until ants, blistered feet, short ra-
tions and hot sun would make Benito,
Neville, Adolph and Edouard as jit-
tery as they make the world. Rain
would probably prove the factor which
would rob them of their last pre-
tenses of good fellowship. Benito and
Adolph would most certainly make a
grab at Neville's umbrella. The out-
break of the Armageddon would be
only a matter of the time it would
take the four men to reach their re-
spective Chancellories.
The Editor.
Gets Told.. .
In Re Catholics
To the Editor:
In answer to the past articles on
the Spanish church and especially
concerning the one in the issue of the
Daily of March the first I would like
to present the following point. I am
a Spaniard, educated in the Catholics
schools of Spain, including the Uni-
versity of Barcelona, and I feel that
I am in a position to argue in opposi-
tion to the statement of the other
letter.
Its author stated in question form:
"How is it that in an almost purely
Catholic count peope c turn ,
against the church in such a
fashion?"1
In the village of Sitges, about twen-
ty miles from Barcelona, immediatelys
after the start of the revolution9
nothing happened to the priest and
the church of this locality; but short-
ly after, a few armed militia of the
anarchist party (F.A.I.). entered the;
village and proceeded to the home of,
the priest, arrested and murdered
him in the same village. After this
they went to the church and in the
presence of the entire village, threw
the furnishings of the church into;
the sea, including all the images
and holy things of the church. A
machin'e gun was placed across from
the church to prevent any possible
action of those present and witnesses
of the scene, of ,which I was a wit-
ness. Similar situations can be found
in all Spanish villages controlledby
"loyalists," I am attempting to point
out with this example that the major-3
ity of the people in Spain, which is
the most Catholic country in the
world, were opposed to these actions
but lacked the power to defend their
rights. Therefore the Catholic people
of Spain cannot be criticized for fail-
ing to support the Catholic church at
this time.cBut their loyalty to the
Catholic church was indeed made
manifest in the mass held in The
Plaza de Cataluna after the entrance
of Franco.
All these acts against the Catholic
church were only a step in the plan
for the introduction of Communism
into Spain.
--Jorge Carulla
DAILY OFFICIAL BULLETIN
Publication in the Bulletin is constructive notice to all members of the University.
Copy received at the office of the Assistant to the President untl 3:30 P.M.;
11:00 A.M. on Saturday.
(Continued from Page 2)
faculty. These terms and conditions
are, in brief, the payment by the in-
dividual of 5 per cent of his or her
annual compensation asypremium up-
on an old-age annuity with addi-
tional, equal payment by the Univer-
sity for the same purpose. In all
cases premium payments by the
University as well as premium pay-
tments by the individual, plus inter-
est, are the permanent possession of
the individual under the terms of the
contract with the Teachers Insurance
and Annuity Association. In case of
death before reaching retirement age
all accumulations go into the estate
of the individual.
It should not be understood that
this offer is being made to employees;
the purpose of this notice is, rather,
to find out how many would take
advantage of the offer if made and
thus to know whether the plan is de-
sired, and if so to enable an esti-
mate of the cost of putting the plan
into operation, if decided upon.
Ca'rds have been prepared and are
available in the offices of the Deans,
and other principal University of-
fices, on whicheinterested employees
may file, in the Business Office, by
Campus mail or otherwise, their de-
sire to participate in such a plan if
established. Replies are desired by
the Business Office not later than
Feb. 28. 1939.
a Shirley W. Smith. .
Academic Notices
Students, College of Literature, Sci-;
ence, and the Arts: No course may be
elected for credit after today.
E. A. Walter.
Psychology 31: Make-up final ex-
amination for all sections will be held1
on March 7, at 7:30 p.m., in Room
3126, Natural Science Building.
Psychology 33, 34, 41 and 42 make-
ups for final examinations will beI
held Tuesday, March 7, in Room 2116,
Natural Science Bldg.I
English 293 (Bibliography): Thei
class will not meet on Monday, butf
on Tuesday at four o'clock.
Exhibitions
Exhibition, College of Architecture:I
Photographs and drawings of Mich-(
igan's historic old houses made dur-s
ing the recent Historical AmericanI
Buildings Survey are being ;shown,I
through the courtesy of the J. L. Hud-
son Company of Detroit. Third Floor
Exhibition Room, Architectural Bldg.,
through March 11. Open daily, 9 to 5.r
The public is cordially invited. P
Exhibition of Modern Book Art:
Printing and Illustration, held underf
the sponsorship of the Ann Arbor
Art Association. Rackham Building,
third floor Exhibition Room; dailyj
except Sunday, 8 a.m. to 10 p.m.;
through March 25.
Lectures
University Lecture: Dr. P. Sargent
Florence, Professor of Commerce at4
the University of Birmingham, Eng-I
land, will lecture on "The BritishI
Cooperative Movement" at 4:15 p.m.,(
Thursday, March 16, in the Rackham 'x
Lecture Hall, under the auspices of
the Department of Economics. ihei
public is cordially invited.
University Lecture: Mr. Louis Un-F
termeyer will lecture on "The Poetr
vs. the Average Man" on Monday, I
March 13, at 8:15 p.m. in the Rack-F
ham Lecture Hall under the auspices
of the Department of English in ther
College of Engineering. The public
is cordially invited to attend.
Henry Russel Lecture for 1938-39:1
Professor Campbell Bonner, Chair- I
man of the Department of Greek, will
deliver the Henry Russel Lecture fori
1938-39, on the subject, "Sophocles,
Aristotle, and the Tired Business
Man," at 4:15 p.m., Wednesday,
March 22, in the Rackham Amphithe-
atre. The announcement of the Henry
Russel Award for 1938-39 will be made
at this time. The public is cordially
invited.
Biological Chemistry Lecture: Mon-
day, March 6, 4 p.m., East Lecture.
Room (Mezzanine Floor) of Rackham+
Building. Professor Arthur H. Smith
of Wayne University will lecture to
graduate students inrBiological Chem-
istry and to others interested 'on
"Citric Acid as a Factor in Animal
Metabolism."
Events Today
International Center:
1. This evening at 8 o'clock, the
students at the Center are urged to
take part in our monthly sports night
at the Intramural Building. Meet at
the Center at 7:45 sharp.
2. Prof. James Plumer, Lecturer on
Far Eastern Art in the University In-
stitute of Fine Arts, will speak at 7
o'clock, 'following the usual Sunday
evening supper, on "The Relatinn
sity in Beirut must be in the office of
the Counselor to Foreign Students by
Monday, March 6, at 5 o'clock.
The Graduate Outing Club will
meet this evening at 6:30 p.m. at the
corner of State and Packard Streets
to attend the basketball game.
At 9:30, following the game, they
will start from the northwest door of
the .Rackham Building and go for a
moonlight hike to Geddes Lake. Later
efreshments will be served in the
club room. All graduate students are
nvited.
The Outdoor Club will meet at Lane
Hall at 2 o'clock for a hike. Since
future programs will depend on this
meeting all members are urged to be
present. All students interested are
welcome to attend.
Choir: The regular rehearsal of the
University Choir will be held at Lane
Hall tonight from 7 to 8 o'clock.
Open House: Tonight, 8 p.m., Open
House all evening in Lane Hall for
faculty and students. Informal con-
versation, -recreation and music.
ASU Labor Committee meeting this
afternoon at 1:45 in the Lane Hall
conference room,. All interested are
invited.
Coming Events
The Women's Research Club will
meet Monday, March 6, 1939, at 7:30
p.m. in the West Lecture Hall of the
Rackham Building. Miss Katharine
C. Turner will speak on "Richard
Hovey's Poetry in Relation to Certain
Tendencies of the 1890's." Miss Dor-
othy Myers will speak on "The W.P.A.
Michigan State Wide Museums Proj-
ect."
German Table for Faculty Members:
The regular luncheon meeting will be
held Monday at 12:10 p.m. in the
Founders' Room of the Michigan
Union. All faculty members interest-
ed in speaking German are cordially
invited. There will 'be a brief in-
formal talk by Dr. Hans H. Gerth on,
"Die Universitaten im gegenwartigen
Deutschland."
Mathematics Short Course: The
preliminary meeting for the short
course to be given by Dr. Elder this
semester in "Analytic Theory of
Numbers" will be held on Monday,
March 6, at 3 o'clock, in 3201 A.H.
This course will meet for five weeks.
The Junior Research Club: The
March meeting will be held Tuesday,
March 7, at 7:30 p.m. in the amphi-
theatre of the Rackham Building.
,Dr. J. W. Leonard of the Institute
for Fisheries Reseearch will speak
on "The Bottom Fauna of Trout
Streams and its Relation to Trout
ProJuction."
Prof. W. J. Nungester
L. F. Cation will speak
mococcal Infection"
and P rof
on , "Pneu-
The Graduate Education Club will
hold a meeting Tuesday, March 7, at
4:00 in the Graduate Education Li-
brary, University Elementary School.
Dean Edmonso and three members
of the staff will give brief reports on
recent educational meetings held in
gCleveland. All graduate students tak-
ing courses in Education are welcome.
Notice to All Buffalo Men: Scalp
and Blade cordially invites all Buffalo
men to a smoker to be held at the
Union, Sunday, March 5, at 5 o'clock.
Preceding the ;.smoker, at 4 o'clock
there will be a regular meeting for all
members.
The Graduate Outing Club, follow-
ing a short business meeting at the
Rackham Building at 3 p.m., Sunday,
March 5, will hike' to Barton Hills,
and those who desire may skate on
Barton Pond. Supper will be served
in the club room. All interested are
invited to attend.
Hillel Play: Anyone interested in
working in the box office for the
Hillel Play callEleanor Feldman at
2-2591 by Tuesday evening.
The Lutheran Student Club will
meet at Zion Parish House, 5:30 p.m.
Sunday. Miss Francis Wang will
speak about current conditions in
China at the discussion hour at 6:45.
Monday Evening Dramatic Club:
Faculty Women's Club, at the Union,
7:30 Monday night.
Churches
Disciples Guild (Church of Christ):
10:45 a.m. morning worship. Rev.
Frederick Cowin, minister.
5:30 p.m. Social hour and tea.
6:30 p.m. Mr. and Mrs. H. L. Pick-
erill will speak briefly on the topic
"The Purpose, Significance and
Problems of Engagement." Ques-
tions submittedby members of the
Guild will be the basis for discussion
following the talks. This is the third
in a series of programs on "Court-