Indianapolis Times, Indianapolis, Marion County, 12 April 1937 — Page 3

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‘MONDAY, APRIL, 12, 1937

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THE

WAGNER LABOR ACT UPHELD BY HIGH COURT IN 5 CASES:

HUGHES LEADS MAJORITY

Dissents in Four of Contested Issues Is Registered by Four Judges: Steel, Auto, Clothing Affected.

(Continued from Page One)

cases. In the NRA and Guffey coal cases the Federal Government’s interstate commerce powers were restricted. The Gourt held that the issues of those cases were not 4 the same as those of the Wagner test, said Hughes, noting the “close and intimate relation which a manufacturing industry may have to interstate commerce.”

The decision commented

vigorously upon the constitu-

tional rights of employees to organize and asked: “When industries organize themselves on a national scale, making their relation to interstate commerce the dominant factor in their activities, how can it be maintained that their industrial labor relations constitute a forbidden field into which Congress may not enter when it is necessary to protect interstate commerce from the paralyzing conse-

quences of industrial war?”

Pointing out that interferences must be appraised in

accordance with “actual experience,”

the decision said:

“Experience has abundantly demonstrated that the right of employees to self-organization and to have representatives of their own choosing for the purpose of collective bargaining is often an essential condition of industrial peace. “Refusal to confer and negotiate has been one of the

most prolific causes of strife.

This is such an outstanding

fact in the history of labor disturbances that it is a proper y subject of judicial notice and requires no citation of in-

stances.” : Followed NRA The National Labor Relations Act represented effort of the New Deal to meet labor demands for protection in organization of unions, and collective bargaining. : Known familiarly as the Wagner Act, the law was passed soon after the NRA was condemned by the Court in 1935. ‘It was spon-

sored by Senator Wagner (D. N. Y.), author of the NRA. It enacted into separate legislation the collective bargaining principles of Section 7a of the NRA.

This section fell with the invali-.

dation of NRA. Even before that, however, representatives of organjzed labor, including John L. Lewis, head of the Committee for In- . dustrial Organization, had urged "enactment of a separate law defining the rights of workers to organize and bargain collectively. In addition to protecting workers in that activity from ‘“interference, restraint or coerciorl by emrloyers,” the law sought to ban the ‘mpany union and to keep empyers from aiding or dominating «dch a union in its formation or by contributing to its finances.

NRA Principle Included

The principle of .majority rule, established in Labor Board rulings under NRA, was written into the The principle provides that

union representatives chosen by a majority of employees of any unit shall be the exclusive collective bargaining representatives of all employees in matters of pay rates, wages, hours, or other conditions of! employment. The National Labor Relations Baard, created to administer the act, was given the power to determine which should be the appropriate unit, craft, plant or employer for the purpose of collective bar-| gaining. The Board set about carrying on] the work of the original Labor Board. Many problems which had been before the previous tribunal were inherited by it. A series of disputes were brought which ultimately resulted in the test cases on which the Court acted.

Test Cases Varied

Those actions were ‘test cases involving the Washington, Virginia & Maryland Coach Co. an interstate bus line; the Associated Press, a newspapet wire service; the Jones & Laughlin Steel Co., fourth largest of {the nation’s steel producers; the Fruehauf Trailer Co., manufacturers of motor trailers, and the Fried-man-Harry Marks Clothing Co, manufacturers, Richmond, Va. The cases represented a highly or-

ganized effort by the New Deal to defend major legislation before the

Supreme Court. The cases were

IN INDIANAPOLIS

MEETINGS TODAY luncheon, CoHotel Lincoln,

Hotel

Indiana University Club,

ia Club, “noon. Service Club, luncheon,

north Side Realtors, Indiana udieral Council, luncheon, Ini aon Board of aks ang Owners and Managers, gon, Columbia Club, noon

luncheon,

Indiana Tuberculosis Association, meet-/ m.;

En Hotel Lincoln, 9 a. luncheon,

BOO iana Trade Council,

n, on. : Wao luncheon, Columbia Club,

Brown Club, meeting, Indianapolis Athic Club, 8 Dp. ; Te ot Association of Women, meeting Washington, m. : H onday Club, bale Columbia Club, s ngton Republican soo 2 Washington a, Club, luncheon, Wier ‘Washington Deita Uraion,

a Casualty and Surety Field Men's o indiana Casu Hotel Washington; Joos. Theta Sigma Phi, dinner, Columbja Clu

5 iran Labor Union, meeting, Plumbers’ m. Hal hans Casualty Adjusters, luncheon, Hotel Washington, no Community Fund,

Jneeiifis.

luncheon, Board of Trade,

Columbia Hotel

on. °lincheon,

n. Association, .luncheon,

Washington, noon.

MEETINGS TOMORROW

American Chemical Society, meeting, Ho-

8 ‘p. m. “hoiary Club. ‘luncheon, Claypool Hotel,

no yha Tau Omega, luncheon, Board of noon. TR Agents, Hotel

noo Washing, on Association,

Ho Athletic Club, 6:30 p. Hero Club, luncheon, Spink-Arms Hotel,

Hotel

luncheon, dinner,

Association, luncheon,

Lawyers’ Assoc Club, luncheon, Columbia Club,

Washington, ercator

napolis Hunting and Fishing Club, indian Bote Washington. 8 1 m. i Construction League of Rdiana py) is, Juncieon, Architects and Bullders cg.,

10 Bakers Association, Hotel

ton, noon. Wash of Michigan Club,

de, noo ; Betuarial Club. dinner. Hotel Washington, ie Club, luncheon, Columbia Club, noon.

MARRIAGE LICENSES ds (These lists are from official vecor at the County Courthouse. The Times ‘ts not responsible for sny errors of names orf addresses.) PF. Mathew anon} to Susie *B. Dolby,

dianapolis. hard K. Law, £5, to lice Schmidt, 26,

Jersey St. is Lambert, 19. of S. Sta vi rg, Lo Pauline Shater, ie of 2106

St. Brookside Parkw 25th Itt. . Hy Vig, of 7610 W. to smi Elizabeth Davidson, 23, of 2469 Bond St. ello. Hathaway, 25. of Greenville, O.. aL Marie Sentman, 24, of 1814 ve - Soythessiom 23, of Greenfield, to Virginia Amos, 20. of Cumberland, John L. ‘Gillette, 28, of = Nash ington St., to Opal Lynch, 32 0 Washington Ernest L.

luncheon, luncheon,

24. of 1734 N. Me22, of In-

Til.,

of Flossmoor, New

of 1236 N.

n St. Roberts, 35, of Brook, to Flosane Roberts, 35, of 3102 Ruckle St. d F. Schilling, 29, of R. R. 5, Indianapolis, to Beatrice Naue, 23, of R. R.

olis. LL iy 52, of Fairhaven, O., to

42, of 50 N. Keystone Ave. Hazel Kendal os: 21, of 2415 E. 3th St. to Mae Emma Opel. 21, of Indianapolis Howard Edward Jenkins, 30, of 124 Sheridan _Ave., to Madeline N. Con 18. of 122 S. Sheridan Av Frank R. Harryman. 22, Sot 1240 Shepard st.. to Frances Kime, 22, of 55 N. Sherman

Dri 8. Hutson, 35, of Linden Hotel, oo wiiiam Elizabeth Duvall, 29, of 517 N.

W. Pierson, 34, of R. R. 5, In dianapols. ir virginia Owen, 26, of 5850 New Yor

k St. Thomas. 28, of 3550 W. Michizan i afl LL L. Stark, 22, of 5831 Dewey

Ave ld B. Fobes, Bich" T. Brown, 23, 4 Drive,

of Detroit, to BL 6633 Riverview

lunch- |

luncheon, Hotel |

Robert Charles Hanika, of 3340 N. New Jersey St., to Ruih an 24, of 4400- N. Pennsylvania St.

44, at Veterans,

Joe Chilson, 29, of 909 Charles St., to Mattie Myers,” 24, of 909 Charles St. BIRTHS Boy : George. Iris Robinson, at 128 Smith, rr. DEATHS Dale D. Golden, 48, at St. Vincent's, carcinoma. Natalie Townsend, 42, at 307 E. New ork, chronic_myocarditis. George R. Hardesty, 60, at Methodist, cirrhosis of liver. William H. Bade, 61, at Methodist, peritonitis. Francis Z. Wolf, epilepsy. - George S. Morris, 60, at Norway, cerebral hemorrhage. Luzena E. Tincher, 84, &t 2338 N., Tal- . lobar pneumonia. Edward | T. kines, 21 at City, cardiovascular renal dise . Cainetine A. Mitchell, 72, 2260 Exeter, apople Edward Kessler, 71, at 1227 N. Rural, cerebral hemorrhage. at. City, 47, at City, cerebral at Methodist,

Patricia A. Rybolt, ‘brancho-pneumonia. Hazel H. Munger, hemorrhage. i arl Klink, 49, tumor.

8 months, brain

BUILDING PERMITS

Elizabeth Barthur, 2617-19 W. 17th St.. foundation, 0. Brown, 2517 N. Station St., ment, $125. 5. Runnell, 822 S. Addison St.,

$9 Harry Calwell, Illinois and 22d St., alteration, $300. : Paul Horan, 1114 N. Wallace St., addition, $700. Ross Fitzpatrick, 6107 [Forrest Lane, basement and foundation, $1000. Electrical

5735 Wildwood, $150. 6419 Pleasant Run Blvd.

base-

dwelling,

Ross Neeves, Ray Watts, $100.

OFFICIAL WEATHER

leiemUnited States Weather Bureau

INDIANAPOLIS FORECAST — Increasing cloudiness; probably showers late tonight or tomorrow; warmer tonight. ’

TEMPERATURE apn) 12, 1936— 1p me. cece 56

BAROMETER -

Ta. m..... 30.44 1p. m. . 30.35 Precipitation 24 hrs. ending 7 a. m.. fotal precipitation

MIDWEST WEATHER |

Indiana--Mostly cloudy, probably showers beginning tonight or Tuesday; warmer tonight. Illinois—Mostly cloudy tonight and Tuesday: probably showers except Tuesday in Tho slightly warmer tonight; cooler Tuesday.

Lower Michigan—Increasing cloudiness, slightly warmer, showers west portion late tonight; Tuesday showers.

Ohio—Increasing cloudiness and warmer tonight: Tuesday cloudy and warmer, possibly showers in ‘west and north portions:

Kentleky=mcreasing cloudiness and warmer tonight; Tuesday cloudy and warmer, possibly showers in west portion.

WEATHER IN OTHER CITIES AT 7 A. M. Station. Bar. Temp. Amarillo. Tex, 29.98 54 Bismarck, N. Boston Chicago Cincinnati Cleveland, O. Denver Dodge City. ih Helena, Mon Jacksonville, ‘Fla. Kansas City, Mo. Little Rock, Ark. Los Angeles Miami, Fla. Minneapolis ........... ..Rain Mobile, Ala. New Orleans New York Okla. City, ‘Okla.’ Omaha, Neb. Pittsburgh Portland, Ore. Sdn Antonio. Tex. San Porantisco Louis

mpa. ; Fla. wat hin gton, D. EPO a

Playing at grownup, left, copying from her books, center, and tearfully woeful like any other childwhen she stubbed her toe, right, Mary Christine Dunn, 28 months old, amazed psychologists with her precocity. The Bonne Terre, Mo., child, daughter of Mr. and Mrs. Lawrence T.

INDIANAPOT, T TIMES

Even Child Genius Cries When She Stubs Hor Toe

PAGE 3

Dunn, converses easily on world events, hopes the Duke of Windsor and

Mrs. Wallis Simpson will be “very happy. »

She uses multi-syllable

words, has a vocabulary of 3600 words, knows 100 songs, reads and copies

pictures in her own small library and knows grammar rules.

TEXT OF MAJORITY RULING IN WAGNER ACT TEST

Onptinied from Page One)

members and from other sources throughout the United States and foreign countries and the compilation, formulation, and distribution thereof to its members. “In the process the news is prepared for members’ use by editing, rewriting, selecting, or discarding the information received in whale or in part. The product is transmitted to member newspapers and also to foreign agencies pursuant to mutual exchange agreements. The service is not sold but the entire cost is apportioned amongst the members by assessment. “Petitioner maintains its principal office in New York City but has also division points scattered over the United States each of which is charged with the duty of collecting information from a

chosen, it was indicated, because of the varying degrees of interstate commerce involved in the operations of the companies. The Associated Press case, growing out of the discharge of an editorial worker in the association’s New York office, was accepted by

'| the Government as the focal point

of the test largely, it was believed, because it was the first Wagner act case to be carried to the tribunal. It was said that Labor Board officials regarded it as important because of what they considered interstate commerce phases involved.

Contention Challenged

That contention was challenged by the Associated Press counsel, John W. Davis, an anti-New Deal Democrat and one of the Court's most experienced pleaders. Mr, Davis contended that, at least in its relationship with an editorial employee, the A. P.s operations were not in interstate commerce. The case involved the issue of freedom of the press, raised by Mr. Davis, who asserted that freedom was infringed when the Federal Government attempted to dictate the cause for which an employee might be discharged. The wire service controversy grew out of the discharge of Morris Watson, a member of the American Newspaper Guild. Mr. Watson charged he was discharged for guild activities, and the Labor Board's intervention sought. It asserted that his discharge on the eve of contemplated collective bargaining negotiations with the association indicated that the dismissal was for guild activity. Officials of the association said the dismissal was solely on the ground that Mr. Watson was not doing the work of ‘which he had shown himself capable. When the case was heard before the Labor Board the A. P. challenged the jurisdiction of the board. It offered no counter evidence.

Ordered Watson Reinstated

The Labor Board found that Mr. Watson's discharge ,was for guild

| activities. It ordered him reinstated

with back pay, directed the association to “cease and desist” from discrimination agains{ guild members, and ordeged notice to that effect posted by the A. P. The Associated Press informed the Board it would not comply. In accordance with legal procedure of the act the Board applied to the Second Circuit Court of Appeals for an enforcement order. Following argument before the New York Federal bench, a ruling was handed down upholding the act as applied to the A. P. Appeal to the Supreme Court followed.

defined territory and preparing and distributing it to newspapers within the assigned area and to other division points for use within their respective areas. Each member newspaper forwards news deemed important to the divisional headquarters of its area. In addition, employees of the petitioner obtain news which is transmitted to the appropriate division headquarters to be edited and forwarded to members within the area represented by that headquarters and to other divisions for distribution to member newspapers within their respective areas. cation commonly used in receiving and transmitting news consists of wires leased from telegrapin and telephone companies but messenger service, the wireless, and the mail are also employed. Each division point is connected with every other by telegraph wires for exchange of news. Regional circuits supplement these primary circuits. All these lines throughout the 24 hours of every day. “Consideration of the relation of Watson's activities to interstate commerce may be confined to the operations of the New York office where he was employed. This office is the headquarters of the eastern :division and, through it operates the petitioner’s foreign service, with offices, staffs, and correspondents throughout the world. News received in New York from foreign parts, from newspaper members within the eastern division, and from other division points, is edited by employees acting under =the direction of supervising editors and, in its edited form, is transmitted throughout the division and to the headquarters of other divisions. The distributees of any given item are selected by those employed for the purpose in accordance with

their judgment as to the useful- |

ness of that item to the members or the divisions to which it is

transmitted. Thus the New York

office receives and dispatches from and to all parts of the world in addition to that from New-York State and other Northeastern and Middle Atlantic states which comprise the eastern division. The work of the office is divided into two ‘departments known as the traffic department and the news department. “All those employed in the actual receipt and transmission of news are in the traffic department; all others, including editorial employees, are -grouped in the news department. Watson, at the time of his discharge was-in the latter class, whose duty is to receive, rewrite, and file for transmission news coming into the office. An executive news editor, assisted by supervising editors

‘and editorial employees, has gen-

eral charge of the revision of .news received from so-called filing editors who are in immediate charge of the telegraph wires connecting with the sources and destination of news. These filing editors supervise the news as it goes out from New York City; they determine what news, from the total copy delivered to them, is to be sent over the wires of which they have charge to the area reached by those wires and they have charge of rewriting such copy as it comes from the other editors as may be appropriate for use in their respective circuits and the delivery of the selected and re-

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written news to teletype operators for transmission over their wires. “The function of editors and editorial employees such as Watson is to determine the news value of items received and speedily and accurately to rewrite the copy delivered to them, so that the rewritten matter shall be delivered to the various filing editors who are responsible .for its transmission, if appropriate; to the areas reached by their circuits. “Upon the basis of these facts the Board concluded that the Associated Press was engaged in interstate commerce; that Watson’s services bore a direct relation td petitioner's interstate commerce activities; and that labor disputes between petitioner and employees of his class and labor disturbances or strikes affecting that class of employees tend to hinder and impede interstate commerce. These conclusions are challenged by the petitioner, “Section 2 (6) of the act defines

the term ‘commerce’ as meaning

‘trade, traffic, commerce, transportation, or communication among the several states ... or between any foreign country and any state... .’ Subsection (7) provides: ‘The term affecting | commerce means in commerce, or burdening or obstructing commerce. or the free flow of commerce.’ ” “The Associated Press is engaged in interstate commerce within the definition of the statute and the meaning of Article I, Section 8 of the Constitution. It is an instrumentality set up by constituent members who are engaged in a commercial business for profit, and as such instrumentality acts as an exchange or clearing house of news as between the respective members and as a supplier to members of news gath-

- ered through its own domestic and

foreign activities. These operations

“involve the constant use of chan-

nels of interstate and foreign communication.

“They amount to commercial intercourse and such intercourse is commerce within the meaning of the Constitution. Interstate communication of a business nature, whatever the means of such communication, is interstate commerce regulable by Congress under the Constitution. This conclusion is unaffected by the fact that the -petitioner does not sell news and does not operate for profit, or that technically the title to the news remains in the petitioner during interstate transmission. Petitioner being so engaged in interstate commerce, the Congress may adopt appropriate regulations of its activities for the protection and advancement and for the insurance of the safety of such commerce,

¢ The National Labor Relations Act seeks to protect the em-

_ ployees’ right of collective bar-

gaining and prohibits acts of the employer descriminating against employees for union activities and advocacy of such bargaining by denominating them unfair practices to be abated in accord-

ance with the terms of the act. As is shown in the opinion in Virginian Railroad Co. V. System Federation No. 40, No. 324, October term, 1936, the experience under the Railway Labor Act has demonstrated the efficacy of such legislation in preventing industrial strikes and obviating interference with the flow of interstate commerce. ‘The petitioner, however, insists that editorial employees such as .Watson are re-

‘mote from any interstate activity

and their employment and tenure can have no direct or intimate relation with the course of interstate commerce. “We think, however, it is obvious that strikes or labor disturbances amongst this class of employees would have as direct an effect .upon the activities of the petitioner as similar disturbances amongst those who operate the teletype machines or as a strike amongst the employees of telegraph lines over which petitioner’s messarges travel. In Texas & N. O. R. Co. v. Brotherhood of Railway and Steamship Clerks, 281 U. S. 548, 370, we held a statute protecting the rights of collective bargaining .by .railway .employees was within the competence of Congress under the commerce clause and that its provisions extended to clerks who had no direct con-

tact with the actual facilities of railway transportation, we there

said: ; “Exercising this authority, Congress may facilitate the amicable settlement of disputes which threaten the service of the necessary agencies of interstate transportation. In shaping its legisla-. tion to this end, Congress was entitled to take cognizance of actual conditions and to address itself to practicable measures. The legality of collective action on the part of employees in order to safeguard their proper interests is not to be disputed. It has long been recognized that employees are entitled to organize for the purpose of securing the redress of grievances. and to promote agreements with employers relating to rates of pay and conditions of work. American Steel Foundries- v. Tri-City Cen-

tral Trades Council, 257 U. S. 184,

209.

Congress was not required to ignore this right of the employees, but could safeguard it and seek to make their appropriate collective action an instrument of peace rather than of strife.

“In the Virginian Railway Co.

vs. System Federation No. 40, No. 324, October term, 1936, we have

held an amendment of the Rail- .

way Labor Act, in all material re'spects analogous to the statute ‘here under consideration, applicable to so-called back-shop employees of railroads despite the contention that their employment

is remote - from interstate rans.

portation.

“These decisions foreclose the petitioner's contention that Watson’s employment had no relation to interstate commerce and could

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not be subjected to the regulatory provisions of the National labor Relations Act. Second: Does the statute, as applied to the petitioner, abridge the freedom of speech or of the press safeguarded by the First Amendment? We hold that it does not. 1t is insisted’ that the Associated Press is. in substance the press itself, that the membership consists solely of persons who own and operate newspapers, that the news is gathered solely for publication in the newspapers of members. Stress is laid upon the facts that. this membership consists of persons of every conceivable political, economic, and religious view, that the one thing upon which the members are united is that the Associated Press shall be wholly free from partisan activity or the expression of opinions, that it shall limit its function to reporting events without bias in order that the citizens of our country, if given the facts, may be able to form their own opinions respecting them. “The conclusion which the petitioner draws is that whatever may be the case with respect to employees in its mechanical departments, it must have absolute and unrestricted freedom to employ and to discharge those who, like Watson, edit the news, that there must not be the slightest opportunity for any bias or prejudice personally entertained by an editorial employee to color or to distort what he writes, ancl that the Associated Press cannot be free to furnish unbiased and impartial news reports unless it is equally free to determine for itself the partiality or bias of editorial employees. So it is said that any regulation protective of union activities, or the right collectively to bargain on the part of such employees, is necessarily an invalid invasion of the freedom of the press. “We think the contention not only has no relevance to the circumstances of the instant case but is an unsound generalization.. The ostensible reason for Watson's discharge, as embodied in the records of the petitioned, is solely on the grounds of his work not being on a basis for which he has shown capability.” The petitioner did not assert, and does not now claim that he had shown bias in the past. It does not claim that by reason, of his connection with the union he will be likely, as the petitioner ‘honestly believes, to show bias in the future. The actual reason for his discharge, as shown by the unattacked finding of the board, was his guild activity and his agitation for collective bargaining. The statute does not preclude a discharge on the ostensible grounds for the petitioner's action; it forbids discharge for what has been found to be the real motive of the petitioner. These considerations answer the suggestion that if the petitioner believed its policy of impartiality was likely to be subverted by Watson's continued service, Congress was without power to interdict his discharge. No such question is here for decision. Neither before the board, nor in the Court below nor here has the petitioner professed such belief. It seeks to bar all regulation by contending that regulation in a situation not presented would be invalid. Courts deal with cases upon the basis of the facts disclosed, never with nonexistent and assumed circumstances.

“The act does not compel the petitioner to employ anyone; it does not require that the petitioner retain in its employ an incompetent editor or one who fails faithfully to edit the news to reflect the facts without bias or prejudice. The act permits a discharge for any reason other than union activity or agitation for collective bargaining with employees. The restoration of Watson

RULING STAMPS STEEL WORKERS AS INTERSTATE

‘High Tribunal Reverses 5th

Circuit Appeals Court; Lewis in Limelight.

By United Press J WASHINGTON, April 12.—The Supreme Court in upholding the Wagner Act as applied to the steel industry reversed the decision of the Fifth Circuit Court of Appeals which held that the act did not apply to the steel company because its rela= tions with its employees were not a part of interstate commerce and therefore not subject to Federal regulation. The case ‘was considered the most significant of those pending before the court not only because of the size of the industry but because, also, John L. Lewis has focused his

( Committee for Industrial Organiza«

tion unionization activities in this industry.

Hughes Reads Decision

_ Chief . Justice Charles Evans Hughes read the decision in the steel case. : He said: “Our conclusion is that the order of the board was within its competency and that the act is valid as here applied. The judgment of the Circuit Court of Appeals is reversed and the cause is remanded for further proceedings in conformity with this opinion.”

to his forraer position in no sense guarantees his continuance in petitioner’s employ. The petitioner is at liberty, whenever occasion may arise, to exercise its undoubted right to sever his relationship for any cause that seems to it proper save only as a punishment for, or discouragement of such activities as the act declares permissible. “The business of the Associated Press is not immune from regulation because it is an agency of the press. The publisher of a newspaper has no special immunity from the application of general laws. He has no special privilege to invade the rights and liberties of others. He must answer for libel. He may be punished for contempt of court. He is subject to antitrust laws, Like others he must pay equite able and nondiscriminatory taxes on his business. The regulation here ins question has no relation whatever to the impartial distribution of news. The order of - the Board in nowise circumscribes the full freedom and liberty of the petitioner to publish the news as it desires it published or to enforce policies of its own choos~ ing with respect to the editing and rewriting of news for publication, and the petitioner is free at any time to discharge Watson or any editorial employee who fails to comply with the policies it may adopt. Third—The contentions that the act deprives the petitioner of property without due process, that the order of the Board deprives petitioner of the right to trial by jury, and that the act is invalid on its face because it seeks to regulate both interstate and intrastate commerce, are sufficiently answered in the opinion in Texas and N. O. P. Co. v. Brotherhood ‘of Railway and Steamship clerks, supra, and in National Labor elations Board v. Jones & Laughlin Steel Corp., No. 419, decided this day, and need no further discussion here. The judgment of (1e Circuit Court of Appeals is affirmed.

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