Evening Star Newspaper, July 1, 1937, Page 9

Right to Work Often Upheld by Court Unlawful Restraint From Labor Is Viola- tion of Constitution. BY DAVID LAWRENCE. UBLIC interest of late has cen- tered on the “night to work” and on the “right to strike,” which latter term has usually been construed to mean also the right by one group of workmen peacefuily to persuade other workmen to refrain from work. These phrases have a significant THE EVENING STAR, WASHINGTON, D. C., THURS DAY, What’s Back of It All Labor and Labor Law. BY H. R. BAUKHAGE. F THERE weren't any Hyde Park, the President would probably have invented one this week end. He was just about Boy-Scouted out of town, About every county in the country has been heard from at 1600 Pennsylvania avenue. If the President had had 25 hours a day, he prob- ably could have used them all inspecting this or that, or taking part in something or other at the huge tent city or along the line of march, He had to get in line or get out. “T just had a very nice talk with the President,” said the Senator “and he assured me they were going to take care of that reclamation proposition.” The cynic snickered. “Chalk up another vote for the court bill. boys,” he shouted. “Well,” replied the Senator, “nothing was said about the court, but, you know, T'd sort of like to keep my job here in Washington. So I decided to let the other boys be the states- — N men. I'm just going to look after SOLONG BQYS, HAVE A GOOD TIME. meaning under the Federal Con- stitution, and, as : recently as May 25, the Supreme Court of the United States in- terpreted them again. Today that decision and many previous decisions on these same points are the “supreme law of the land” in labor disputes But the law of | thie lond betause D20 Lewresive. it is contained in declarations made | at different times or because it not reiterated by public officials often for the bencfit of the lavmen, is some- | times ignored. Hence portant | at this r the citizen, both on the labe i the employer side, to read again some of the fundamen- about by the way, the has been relatively little difference of opinion by the courts, both Federal and State, over a period of ma years, Peaceful Picketing Defined. Thus Justice Brandeis. outstandin liberal of the Supreme Court, in hi on behalf of the peaceful picketing” many S | in their laws governing labor tions. He says: “That term implies not only absence of vi e, but absence of any unlawful act. It precludes the intimidation of custom- ers. It precludes any form of physi- cal obstruction or interference with plaintiff's business (the em- ployer).” Justice Brandis in the same opin- ion explained the limits of pea | picket by referring to a previous | ax vs. Corrigan—wherein | the court pointed out that it was wrong for pickets to engage in con- duct which was not “lawful persua &ion or inducing” or was not a “mere appeal to the sympathetic and wou be aid of customers by a simple state- ment of the fact of the strike and the request to withhold patronage.” Right in Fourteenth Amendment. The whole principle of t to work and the right not to be molested or intimidated or coerced is to be found in the fourteenth amendment to the Federal Constitution, which says: “No State shall * * * deprive personal of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Here are some of the important precedents which the Supreme Court has established in expounding that particular amendment: | “‘While this court has not attempted to define with exactness the libery thus guaranteed. the term has received much consideration and some of the included things have been definitely stated. “Without doubt, it denotes not mere- 1y freedom from bodily restraint but also the right of the individual to con- tract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.” The quotation is from the case known as Meyer vs. Nebraska. Contracts Upheld. There is another which reads as follows: “Included in the right of personal liberty and the right of private prop- erty—partaking of the nature of each —is the right to make contracts for the acquisition of property. Chief among such contracts is that of per- eonal employment by which labor and other services are exchanged for money or other forms of property. If this right be struck down or arbitrarily in ==WE SELL U. S. GOVERNMENT INSPECTED MEATS= | vs the folks back home the best I o can.” % Speaking of the Boy Scouts— and speaking always with the proper defcrence—one of the in- censistencies that arises to meet the eye is the fact their big party is called a jamboree—which Web- ster indelicately defines as a noisy or unrestrained carousel or frolic; a spree. * K % ok The growing shape of labor casts a new shadow over Government. Government departments, notably the Treasury, are continually being raided of their best legal talent by the commercial world. Now that the demand for labor specialists has been greatly increased, ks to the National Labor Relations Act, the Labor Department will e next to suffer Washi labor law In the hulabaloo of New Deal projects, which range from plumbing inspection to interpreting the delicate nuances of Shakespeare, another project, under an old deal agency, has been overlooked It is worth looking at if you get a chance, which you probably won't unless you have a good reason It's @ map-making project under the sponsorship of the Buréaun ©of Public Roads with the co-operation of the States. While the project doesn't chart the contour lines as do the geological survey maps, it marks everything else. It has your barn and your house. It has the goli course and the cemetery, general store and the saw mill. In fact, there are 57 symbols representing virtually every object the hand of man has made Some of the maps are made on a scale as large as 1 inch to the mile. They rival the military maps the Germans thade of all France, and which the Americans used. The purpose of the survey is to lay the basis for highway planning, but the information revealed is highly valuable to other people besides road the War Department is a good customer. So ought the political workers to be and the lightning rod salesmen In carrying out the project, surveys are now being made in 40 States—more than the Geologi- cal Survey, the Nation's chief map= maker, has been able to map. The States match Federal funds for the work A master-planning job, if ever there is one. It's all been ar- ranged by one of the conservative old-line agencies, the realization of a dream that the roads bureau has dreamed since long before the New D al. * o K % dent told the newspaper man to put on the. dunce cap for bringing up the subject of a third term on a hot day, he showed only a little more feeling—albeit cloaked in smiles—than he did when he was asked about the money we'd spent sterilizing gold. The reason for this is that certain groups have been raising the cry “We can't eat gold.” They might add, “espec 1ally when it's steril help the deficit there is that billion, fifty million paid f which apparently is good only for what it was originally—to bury under the sod tha be ton law schools are finding new interest in their courses on When the P. by the North An erican Newspaper terfered with, impairment of there is a substantial liberty in the long- ional sense. The essential to the laborer as . to the poor as to the rich; for the vast majority of por- sons have no other honest way to begin re property, save by wo " This quotation com: from the well-known case of Coppage Kansas. Here are frequently quoted excerpts | from other opinions by the Supreme Court of the United States which to- day are also a part of the law of the land: “The right to w for a living in the. common occupations of the com- munity is of the very essence of the personal freedom and opportunity thas it was the purpose of the amendments to secure” . . . Truax vs. Raich. | “The very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where free- dom prevails as being the essence of slavery itself” ., . Yickwo vs. Hopkins. Equality of Opportuni “The fourteenth amendme s undoubtedly intended not only that there should be no arbitrary depriva tion of life or liberty, or arbitrary @&4{ h22 > spoliation of property, but that equal protection and security should be given to all under like circumstances in the | OF MEN'S AND enjoyment of their personal and civil | rights; that all persons should be equally entitled to pursue their hap= piness and acquire and enjoy prope erty” . . . Barbier vs. Connolly. These decisions have become deeply imbedded in the foundations of Ameri- can law, and, while occasionally there is a division of opinion among justices as to the pa r facts or circum- stances in a given case, there has been unanimity of expression by the courts on the basic idea that the right to work is sacred and that picketing scribed methods of persuasion or in- ducement of fellow workmen is a vio- lation not only of State laws, but of the guarantees to be found in the Fed- eral Constitution itself. (Copyright, 1937.) A few Union Movement Creates Demand for Specialists in _ which goes beyond the lawfully pre- | necessarily The Star’s. themselves and directly :THE opinions of the writers on this page are their own, not Such opinions are presented in The Star’s effort to give all sides of questions of interest to its readers, although such opinions may be contradictory among opposed to The Star’s. Limit to Press Freedom BY MARK SULLIVAN, NE of the President’s secre- taries, Stephen Early, who has principal charge of White House press relations, has disciplined two news photograph serv- ices, the Acme and the Associated Pr The discipline takes the form of barring the two services from the President’s home, Hyde Park, during Mr. Roosevelt's visit to his mother. The complaint against the two serv- ices is based on an incident during the President's recent visit to Jefferson Island. ‘The White House had reauested all the photograph services that they take no pictures of the President while on the island The charge is that this request was violated by the two services, | Apparently Mr. |Early charges | that the services | evaded the request by loaning’a cam- era to a Congressman who was one of the President's guests. The two services say the Congressman used his own camer Mark Sullivan, Fundamentally, what is in ques- tion here is whether a President has a right to privacy when he is relaxing at a picnic on an island, and when specific request has been made that his privacy be not invaded. Most Americans, I think, will say the Presi- dent has a right to privacy, in these circumstances and in others. And | they will say that every private citi- | zen likewise has rights of privacy. And most Americans will add that the right of privacy is frequently violated. Complaints Frequent. Complaints against newspapers in this respect are frequent lately. A complaint by the recent Republican | candidate for President was carried by a United Press dispatch “Topeka, Kans., January 16—The | metropolitan press invades too far into the private life of political fig- ures, Alfred M. Landon said last night |at a meeting of the Kansas Press Association. ‘The private life of a public figure should belong to him, Mr. sserted. ‘Large metro- newspapers and big cit and press association photographers have done much to invade the privacy of public figures' lives. They seem to think that the more unbecoming a pose they can catch a public figure in, the better the reader and the man- aging editors will like it = * = » » Charges of invasion of privaty, and of inaccura are made against more than the newspaper photographers. Last Fall, when the President’s wife | was kept in Boston for some time by the fliness of her son there, she wrote in her newspaper column: more a mystery to me how many newspapers _ acquire non-existent news. Here I am in Boston, and I open the morning papers, and I find things about my own family which have no real foundation in fact.” There is another example. On De- % SPECIAL THREE DAY % SALE YOUNG MEN:’ WASHABLE SUITS § ONLY 300 WHITES, TANS DARKS On Sale in Both Stores Good Taste and Morals of Newspapers Seen as Onl); Hope to Avoid Clamp. | are printed with ink on paper. | “the pre: “Boston.—It is becoming more and | = cember 2 last year, soon after the election, a tabloid newspaper in New York, the Daily Nzws, printed a story under the headline: “Hoover May Take a Walk—to Britain.” ‘The article began “Herbert Hoover, the country's only living ex-Piesident, was flirting last night with an urgent invitation by British friends to desert his native land. Like Charles A. Lindbergh, who quit America a year ago, Hoover was considering going to the British Isles for a protracted stay, to live as an expatriate from the land that twice repudiated his political philosophy o v e on It is fair to the News to add that on the following day it printed, con- spicuously, Mr. Hoover's vigorous denial: “The following telegram was re- ceived yesterday from ex-President Hoover. It referred to a story printed on page 3 of Wednesday's News, titled ‘Hoovey May Take a Walk—to Britain.’ ‘There is not a single statement or word of truth in your statement this morning with respect to r Will you kindly publish this? (S: Herbert Hoover” We apologize to M Hoover for the error * s o » While the News printed that retrac- tion, I think every one will agree that the original story ought not to have been printed, and that that sort of thing ought not to happen, either to an ex-President, or to any one else. Here are four persons, the President, the President’s wife, the ex-President, and a recent candidate for Prasident, all having causes of complaint ggainst newspapers, complaints v\hwh\ most persons will agree, are justified. Different Press Standards. In discussing this, it is necessary to observe distinctions. Between the extremes of the press, as between the extremes of most groups, there is a wide distance. Some newspapers, pecially the standard type—perhaps 1 should call it the more old-fashioned | type—are so different from some other newspapers, that almost they have little in common other than that both | Yet is commonly spoken of as including all papers. ‘ Many newspaper publishers and writers are aware that their calling is under criticism. Columnist Westbrook Pegler recently suggested that “an honest examination of conscience in our business” might “do some per- manent good.” And the Danbury (Conn.) News-Times warns that “the press needs to look to its methods, | its manners and its morals.” There is searching of heart among newspapers, | and there better be. Not only for | ordinary reasons, but for one supreme reason. The attempt at fundamental change in the American form of government and society now under way can hardly succeed unless it can restrain one of the great safeguards of the old Ameri- | can system of individualism. Just as the time came when it was ‘nc-i { essary to try to make the courts sub- servient, so will the time come when it | will be necessary to try to limit free- | \ Z “Aw!...1 thought you said JULY 1, 1937. We, the People Hodgepodge of Trouble Means World Must Pay Piper for Postwar Decade. BY JAY FRANKLIN, HE New Deal seems to be invading the solar system. Astronomers report a storm the size of North America raging over the planet Jupiter. while our politicians have no difficulty in discerning a storm the size of the United States raging over North America. Great clouds of dust are racing across the surface of the planet Mar: Apparently the Martians are about to inaugurate a soil conservation pro- gram—or a political campaign. The face of the sun is measled with more sun-spots than at any time since 1870. The last two peaks in solar blemishes occurred in 1929 and 1917, which suggests that some- thing must be popping on this particular little planet. Tom Girdler has seceded from the Union, but announces his un- faltering allegiance to the Su- preme Court. The Supreme Court e is not in session. John Lewis has == MR. seceded from the Supreme Court, but announces his unfaltering allegiance to the President, who is in session. * K ok % Specialists from the Iron & Steel Institute are reported to be active in the city rooms of metropolitan newspapers, editing the strike news. ‘Westbrook Pegler has gone down another peg by rushing to the defense of the Chicago police over the Memorial day massacre, which he did not wit- ness. Gen. Hugh S. Johnson has swung so far to the reactionary right that he is blocking intellectual traffic in both directions. Miss Dorothy Thompson is embarrased to discover that she is on the same side of the political fence as the Ku Klurers and Jeiw- baiters of this sweet land of liberty. Labor is striking like the West- minster chimes, President Roosevelt has been entertaining the Democratic members of Congress on Jefferson Island in the Chesapeake. Some think St. Helena would be a better site. Representative Hamilton Fish con plains that only foes of the New Deal e been named in the income tax inquiry—possibly because nearly all the multimillionaires are against Roo: evelt in the first place. A voung man named Du Pont has glided from fra, N. Y., fo Washington, D. C. A young Roosevelt has just married a you g Du Pont it sounds like a dangerous experimeng when an irresistible force meets an immovable object, bul most marriages are-like that. A Georgia 1 paper calls for the President’s impeachment, Harvard won the V. Harvard boat race, and the stock market is having convulsions in a nice restrained sort of way. * ok % K y European diplomacy resembles the effort of a drunken man trying to explain the Einstein theory at a firemen's picnic. Bilbao has fallen and Germany and Italy are preparing to declare war again on the Span- ish government. Blum has fallen in France. Russia has gone ursine. Hitler is calling all bluffs except Mussolini’s and England is doing the greatest tight-rope walking act of the century. The British weren't allowed to see news reels of the wedding of the Duke of Windsor, Americans were not permitted to see news-reels of police killing strikers. So we exchanged scandals. Asia is ominously quiet So it goes. The hot-weather silly season is verging on Mid=- summer madness and the dog days are yet to come. The solar system seems to be considerably agitated and there can be no doubt that there is plenty of trouble ahead in this world, if not in the next, In other words, the whole blasted world is being forced to settle a few of its outstanding bills and to make good on some of its rubber checks, So far we have got off easy on the obligations of the postwar decade, Now we must pay the piper—or else. (Copyright, 1937.) /“- dom of the press. Many thoughtful persons believe this to be inevitable in the situation. Some well-informed persons say the attempt is not far ahead. When and if that issue arises, it is desirable the newspapers have public support. To have public support, they should have clean hands. Newspapers cannot claim, under the cloak of free-| DAYTONA BEACH, Fla, July 1 dom of the press, the right to invade Z 4 () —Ward Madison, secretary to the privacy as some newspapers now do, |iate John D. Rockefeler, ciased up nor the right to commit the inac-|tnhs deceased philanthropist’s W o curacies that some papers now do. : 3 | home, the Casements. &t Ormond Freedom of the press means free dis- | Beach, yesterday and left for Iake. ssion of public affairs, and the free | wooq, . J. R R e e e e Jpubliciactionsiof) omelale. 16| 1808 NAS expected t0 go ta Tak I t ller estate does not mean the right to print/{in. there. The Casements is on the mar- ket at a price of $130,000 accurate statements of any kind, and it does not include the privacy as & part of t violates it. The newspapers better Rockefeller Estate Closed. A \\\\\ N 3 R— An American You Should Know Admiral Patton Directs Oldest U. S. Scien- tific Bureau. BY DELIA PYNCHON. HEN Admiral Raymond Pate ton was 2ppointed director of the United States Coast and Geodetic Survey, De- partment of Commerce, he bhecame head of the oldest scientific bureau in the Government. It goes back to President Jefferson, who conceived the idea. Congress created the organic act in 1807 to make a survey of our coasts. Many famous men have served on its pere sonnel. Its first director was Fers dinand Hassler, instructor in mathe= matics at West Point. Its second was Alexander Bache, great-grandson of Benjamin Fran Admiral Peary entered the service as a draughtsm Alexander Aggassiz ved as an office: son and James Mc in 1929 was horn in 1882 in its appoi imately 1.300 peop 171 are officers, w ranks with the A flect of 12 ves charting our topograph by ilds of t the frozen Arc Admiral P the s stern, mander in t. 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