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Jouett Shouse Collection (American Liberty League Pamphlets), "Bulletin Of The American Liberty League", Vol. 1 No. 2, September, 1935 text "Bulletin Of The American Liberty League", Vol. 1 No. 2, September, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_0002/bulletin2_1/bulletin2_1.pdf 1935 1935 1935 section false xt7wwp9t2q46_134 xt7wwp9t2q46 2Rlc L 2R c v“" '¢ v" "+ . b be t o . D gi zngéip F €i?s¤;§i9 A ' Y L9 TY L? OF TI-IE' NATIONAL PRESS BUILDING WASHINGTON, D. G. _ VOL. 1 SEPTEMBER,1935 Ne.? MESSAGE TO MEMgERS_ · Letters that have come from members of the League ln every state of the unlon 1hd1· ‘"‘ cate apprecfatlon of the first issue of the Bulletin published a month ago. It ls the hope of our national headquarters that this number may be equally worthy of your generous ’ lnterest. · We are gratified to report steady progress 1n membership and lnfluence. Each of you can do a part oflreal value by asslstfng ln your fndlvldual community in securlng as many members as possible and ln unltlng those members into a local unit or chapter. The larger and the more widespread the membership of the League, the greater becomes its opportunity for useful public service. » We deeply appreciate what you have done and anticipate a continuance of your enthus- lastlc and valuable work. JOUETT SHOUSE _ President A LAWEEBS ¤Q¥Nll'£§§.PlQT;Q§ · ‘ LABOR RELATIONS ACT_lNyALlg ; The flrst report of the League's National Lawyers Committee was released on September 19. It was a declaration that this Committee of 58 of the most promlnent members of the — American Bar holds the National Labor Relations Act to be unconstitutional because that .* Act interferes with the 1nd1v1dual freedom of employees, as guaranteed by the Fifth Amend- *‘”t‘ ment and because 1t represents an attempted invasion by the Federal government of a fleld p — of legislation not delegated to lt by the Constitution. `Announcement of the report at\a press conference by R. E. Desvernlne, Chairman of the National Lawyers Committee; Earl F. Reed, Chalrman of the Sub-Commlttee on Industrial Re- 1 lat1ons and Labor Legislation; and Presldent Shouse attracted nation-wlde attention. ELCERPTS FROM THE REPORT: 3 "The Act expressly declares that representatives selected by a majority of . employees in a particular bargaining unit shall be the exclusive representatives ` of all the employees ln that unit, to bargaln with the employer on matters ln- volvlng wages, hours of work and other condltlons of employment; .......... It ls , our belief that this provision of the statute constitutes an illegal interference with the individual freedom of employees, as guaranteed to them by the Fifth Am- endment to the Constitution of the United States, which provides in substance·that no person shall be deprived of l1fe, liberty or property wlthout due process of 2 law. The freedom sanctioned by the Constitution includes the right of each man ; to follow any occupation and to sell his own labor on his own terms ...... . ..... "The Federal government is one of defined and limited powers, without juris- diction to lntervene ln matters of internal policy. It 1s not a complete sovereign- .. 2 _ A ty in the same sense as the fndividual States. Its powers with respect to Inter- state Commerce are limited to regulations which have some direct bearing upon the r movement of persons or commodities in commerce among or between the several States. It has no authority to use this power as a pretext to interfere with matters which are subject to the jurisdiction of the several States. It is our opinion that the National Labor Relations Act, although it is called a regulation of commerce, is in substance a regulation of a matter which has no direct connection with commerce, that is, the relation between an employer and his employee. We have, therefore, reached the conclusion that the National Labor Relations Act, even if it were valid from the standpoint of due process, can have no application to industrial relations on a general scale. "Considering the Act in the light of our history, the established form of government, and the decisions of our highest court, we have no hesitancy in con- cluding that it is unconstitutional and that it constitutes a complete departure from our constitutional and traditional theories of government.", mr;_De§vernfne announced that similar reports are to be issued covering such New Deal laws as the Public Utilities Holding Company Act, the Social Security Act, the Bltuminous Coal Conservation Act?*the*TWA and government competition with business, the AAA and pro- cessing taxes, the Communications Act, the Securities Act of l933 and the Securities Ex- change Act of 1934. Outlining National Committee policy, Mr. Desvernine said; "Each Report will be an earnest effort to discuss in the light of existing decisions the constitutionality of the legislation considered and will point out wherein, if at all, it marks a departure from the fundamental principles of our existing Constitutional system. These Reports will not deal with the economic, social, or political aspects of such legislation, for these present problems which appeal to the layman no less than to the lawyer for their solution. A reasoned judgment requires, however, amongst other considerations, a clear under- standing of the Constitutional issues presented. That these Reports hope to give and nothing more." _ mems.;2f.11ls_§Ll*;;Q.2a¤;;lf2eal.1A2;.B.eeQ-sey1.l "The Sub-Committee reached its conclusion that this Act is plainly unconsti- tutional and we feel that in making our opinion known publicly we are doing a patriotic duty in answering the inquiries of many persons and perhaps hastening a determination of this question by the judicial branch of the government." MeaQeze.2.£.t11e..§mz·&2@l22ee_ga.laQ~1.s2;lal.Be&~.fieasaadlkabenkesialetxerraxe= Earl F · Reed, Chairman, Pittsburgh, Pa.; Harold Beacom, Chicago, Ill.; Harold J. Gallagher, New York City; D. J. Kenefick, Buffalo, N. Y.; Harrison B. McGraw, Cleveland, Ohio; Gurney E. Newlin, Los Angeles, Calif.; Hal H. Smith, Detroit, Mich.; E. Randolph Williams, Rich- mond, Va.» .. . ~ e "§@AlEl1YQ-§EE&L§" Speaking over a nation-wide hookup of the Columbia Broadcasting System on the even- ing of September 16, Mr. Shouse analyzed the recent Administration publicity stunt which took the form of an interchange of letters between President Roosevelt and Roy W. Howard. §>Q`~2`fiE§.I1BQM.lAFl;.§1iQQ§§;§-§E§§Q1i= "Mr. Roosevelt has done all he can to bedevil business. His so-called 'must' program of legislation forced through Congress this year has embraced one measure after another that was unnecessary, unwise and probably unconsti- tutional, the effect of which has been to regulate, to regulate and to further regulate. A 'breathing spell' prior to this astounding program would have P been welcome indeed. But at that time it was not even suggested. Now that the damage is done, Mr. Roosevelt graciously waves the wand for a temporary suspen- sion of his war of extermination ............ .. 3 .. » "In Mr. Roosevelt's letter to Mr. Howard there are two very extraordlnary sentences which I quote; He safd, 'Thls Administration came into power pledged to a very considerable legislative program,' and later he said, 'Our actions were ln conformity with the baslc economic purposes set forth three years ago,’ , "The only ‘leg1slat1ve program' to which the Roosevelt Administration was _ pledged was embodied ln the Democratfc.platform of 1952. He emphasized before the Convention that nominated him and In subsequent speeches his absolute ad- herence to every plank In that platform. He has not merely ignored these pledges-- he has contemptuously flouted them. Hfs actions have not been *1n conformity with the basic economic purposes set forth three years ago.'" "The legislative program whfch_he has choked down the throat of Congress had no relation to the Democratic platform pledges or his campafgn speeches. On the other hand, as so ably polnted out by James P. Warburg In his current book, that program has fulfilled to the letter the promises of the platform and candl- dates of the Socialist party. And mlnd you, In the election of 1952, the Social- lst platform was endorsed by only 900,000 voters, while the Democratic platform was endorsed by twenty—three millions ...... · ...... "THE TIME IS COMING SOON WHEN THE PEOPLE WILL BE CALLED-UPONlTO YOTE AGAIN . I-, a AND IF I AM ANY JUDGE OF PUBLIC SENTIMENT I THINK THAT THIS TIME THERE WILL BE AN INSISTENCE THAT, AS STATED IN THE DEMOCRATIC PLATFORM OF 1952, *A PARTY PLAT- FORM IS A COVENANT WITH THE PEOPLE TO BE FAITHFULLY KEPT BY THE PARTY WHEN ENTRUSTED WITH POWER, AND THAT THE PEOPLE ARE ENTITLED TO KNOW, IN PLAIN WORDS, THE TERMS OF THE CONTRACT TO WHICH THEY ARE ASKED TO SUBSCRIBE.*” ` Q.22les.2f_1A2;fiheaaalslaneeehlfllesnlseaf.N2;.§Q.~llll.2e.a2al.A22a.1.;¤.....¤¤S S El ULTELQQAAEQEE Authorization has been given for the formation of a National Intercollegiate Committee of the American Liberty League, designed to coordinate and stimulate the actfvftles of League chapters ln educational Institutions. Initial membership of the Intercollegiate Committee will consist of representatives from Princeton, Barnard, Virginia, North Carol- 1na, Harvard, Wisconsin,-Northwestern, Maryland, Yale, Bethany, Iowa State, Pomona and Colgate. As new chapters are organized there will be addltfons to the Intercollegiate - Committee. Chapters are now In process of organization at the Universities of Pennsylvania, Illinois, Texas, ChIcago,_M1ch1gan, Pittsburgh, and Nebraska; at Ohlo State; Western Reserve and Vanderbilt Universities; at Dartmouth, Sloux Falls, Bowdoin, Union, Occidental, . and Springfield Colleges; and at the Bradley and Alabama Polytechnic Institutes, and the Carnegie Institute of Technology. The National Intercollegiate Committee In turn plans to organize a nation-wide Inter--- · collegiate Recruiting Committee, designed to enlist undergraduate members. League members who wish to suggest the names of properly qualified undergraduates should write to the secretary, National Intercollegiate Committee, American Liberty League, 1066 National Press Building, Washington, D. C. l EAIIQHALAEIIQQBLQIINQIA · The League‘s National Advfsory Council now numbers 172, additions since the prior announcement of membership belng as follows; Joseph C. Belden, Chicago, Ill.; W. G. Bram- ham, Durham, N. C.; J. R. Burrow, Topeka, Kans.; W. Glenn Cowell, Coldwater, Mich.; William A. Dyche, Evanston, Ill.; Harry F. Evans, Davenport, Ia.; Dan W. Hill, Asheville, N. C.; . Dr. Jacob H. Hollander, Baltimore, Md.; W. J. Hunsaker, Saginaw, Mich.; Albert T. Johnston, Forest Hills, N. Y.; Theodore A. Johnson, Youngstown, Ohio.; Millard F. Jones, Rocky Mount, N. C.; Demarest Lloyd, Washington, D. C.; David W. MacMorran, Port Huron, Mich.; H. W. S _ Prentls, Jr., Lancaster, Pa.; Dr. William A. Scott, Winter Park, Fla.; Ethan A. H. Shepley, St. Louis, Mo.; Mrs. Sidney W. Smith, Omaha, Nebr.; S. Wells Utley, Detroit, Mich.; Mrs. Chase Going Woodhouse, New London, Conn. c - 4 - . ` . PQTATQ_gQNTROL A The Potato Control Amendment to the Agr1cultural Adjustment Act, falrest flower 1n the New Deal garden of economic absurdlties and buraaucratlc lmpertlnences, 1s analyzed 1n a recent pamphlet prepared by the League's Research Department. It 1s polnted out that th1s proposal, a natural outgrowth of prev1ous AAA endeavors , to suspend the laws of nature and economics, w1ll 1ncrease the l1v1ng costs of the ent1re populat1on for the benef1t of about 50,000 large commercial growers of potatoes while sub- jectlng the remainder of some 5,000,000 producers, as well as all of the consumers, to the _ mercies of a new army of bureaucrat1c snoopers. The pamphlet declares: "The AAA has become enmeshed 1n a network of 1ts own making. The original Agr1cultural Adjustment Act provided for seven basic agricultural commod1t1es. Now there are fifteen. It will be lmposslble to stop at th1s point. The Con- gress and enforcement off1c1als must go on and on untll every product of agr1- culture Is brought under control. The process cannot even stop there but must extend to competltlve 1ndustr1al products, some of wh1ch, as In the case of D&D@T towels and jute bags, are already under AAA regulatlons. The system may ‘ break down of 1ts own we1ght or be wiped out by the courts. Otherwise, 1t 1s leading lnevitably to methods of restr1ct1on of the pr1vate 11ves and business V BCKIVIEIGS of our people‘wholly fore1gn to Amerlcan 1nst1tut1ons. Potato con- trol 1s another step toward Soc1al1sm." Follow1ng publlcatlon of the pamphlet and apparently bowing to a storm of popular 1n- dlgnatlon, AAA off1c1als gave evidence of a marked inclination to back away from th1s latest New Deal experlment. I Copies of the Potato Control pamphlet (Document No. 64) w1ll be sent upon request. TYPICAL COMMENT THE HARTFORD COURANT, September 7, 1955 - ”The American L1berty League has already performed a useful and patriotic service In discloslng the true 1mport of some of the leglslatlon which the Pres- ldent has 1ns1sted on and wh1ch an obedient Congress has enacted. It has had » 1n this work the ass1stance of many of the country's most competent c0nst1tut1on— · al lawyers, and the numerous pamphlets 1t has Issued have been factual and free ¤ from partisan b1as. Whether or not Pres1dent Roosevelt dec1des to make ccnstitu- · tlonal Issues paramount 1n his campaign, the Llberty League 1s destlned to play I an important part 1n the great debate over the acts of his administration. When one remembers that this League numbers among 1ts members as many Democrats as Republicans, there 1s assurance that 1ts cr1t1c1sms w1ll be addressed to funda- mental questions which transcend mere pol1t1cal cons1derat1cns." NEW YORK JOURNAL, September 9, 1955 ‘ _ `. "AMEN TO THIS!” · “EVERY REAL AMERICAN WILL SAY IT" — "The sole object of the non-part1san Liberty League, formed one year ago by promlnent Democratic and Republ1can leaders, is plainly explained by Jouett Shouse, 1ts/presldent. "On 1ts f1rst b1rthday he saldi ` ‘ "’We oppose no one man. We support no one man. Our only purpose 1s to pre- vent destruct1on of the Const1tut1on by executive decree or legislation obvlously unconst1tut1onal. o g f "'There seems to be a general bel1ef that we oppose ANY change 1n the Con- st1tut1on. That 1s not true. All we ask 1s that 1f the Const1tut1on 1s to be camended 1t be amended by the method provided by the Constltution 1tself.* "'That, certa1nly, 1s plain enough.”