Maich 10, 1922 



HARDWOOD RECORD 



27 



News from the National Capital 



Hoover Is Attacked in Senate 



Secretary of Commerce Hoover was attacked in the Senate on 

 March 2 by Senator Norris for liis recent activities in connection 

 with trade associations. 



In the Hoover-Dauglierty correspondence, Senator Norris said, 

 the decision of the Supreme Court of the United States in the Hard- 

 wood Case had been overruled. If the authorization contained in 

 this correspondence is permitted to stand, he said, the Supreme 

 Court might as well cease functioning and Congress might as well 

 repeal the Sherman Act. 



The activities authorized are in direct violation of the Sherman 

 law, he contended. Senator Norris received permission to print 

 in the Eecord the Supreme Court's decision in the trade association 

 case, in parallel columns with the Hoover-Daugherty correspond- 

 ence. 



When the correspondence between Secretary of Commerce Hoover 

 and Attorney General Daugherty was published recently the final 

 letter of Mr. Daugherty had not been made public. It now has been 

 issued and appears below: 



Daugherty 's Final Letter 

 My Dear Mr. Secretary ; 



Your letter of the 9th instant relating to paragraph six of the ques- 

 tions you previously had propounded, with reference to the activities of 

 trade associations was duly received, and in reply thereto I will say : 



Not being familiar with the practices of such associations in respect to 

 trade names, trademarks, labels, etc., I did not clearly understand the 

 meaning of the latter clause of paragraph six. and your explanation places 

 the matter in a somewhat different light. However, I hardly feel that I 

 can express assent to the adoption of a rule by a trade association or to its 

 membership's engaging in a practice whereby the difference between trade 

 names, trademarks, labels, etc., used by the different members of an asso- 

 ciation and questions of unfair practices arising out of such use may be 

 determined by the association or a body constituted by it, and a resort to 

 the courts by those believing themselves aggrieved for the determination 

 of such questions of unfair practices, be prevented. It seems to me that 

 If It were recognized that associations could exercise such a power, a door 

 would be opened for the adoption ot many schemes the use of which might 

 result in the regulations of prices and the suppression of competition. The 

 principles adopted by the courts with reference to such practices are well 

 defined and the courts are open at all times for the redress of such injuries, 

 while an association has no ilxed principle for its guidance, and it would be 

 Inclined to take such action as best would conserve the interests of the 

 several members. ' 



However, I can see no objection whatever to co-operative advertising by 

 community trademarks or trade names, as illustrated in your communica- 

 tion. Yours very truly, 



(Signed) H. M. DAUGHERTY, 



Attorney General. 



» # » 



Decree to Promote Building 



Improvement in conditions affecting the construction industry 

 and relief from the housing shortage, by encouragement of activity 

 in building throughout the country, is anticipated by the Govern- 

 ment, according to Attorney General Harry M. Daugherty. 



This condition will be brought about, he said, through the en- 

 forcement of several basic principles laid down in a decree entered 

 in the United States Court for the Southern District of New York 

 on February 24, which will have the effect of removing restrictions 

 imposed by building trade unions and contractors and trade asso- 

 ciations. 



The attitude of the Government towards organized labor and 

 associated employers is revealed by the decree. In effect, it protects 

 the open shop and likewise condemns limitation of the productive 

 capacity of the individual workman. It seeks to destroy the sys- 

 tem which has compelled employers and contractors to purchase 

 only building materials that are union-made. It would permit no 

 discrimination against independent contractors and prohibits the 



use of labor organizations for the collection of debts and claims. 

 The decree was entered with the approval of the executive officers 

 of the International Organization of Bricklayers, Masons and Plas- 

 terers and ^vill be incorporated in the constitution of that union. 



It is the result of an investigation conducted by U. S. Attorney 

 William Haywood of the Southern District of New York, which 

 extended over several months and culminated in the indictment 

 and conviction of several manufacturers and building supply 

 dealers, upon whom either large fines or jail sentences were imposed. 



The decree lays down and adopts four basic principles: 



First — There is to be no limit to the productive capacity of the 

 individual working within the working day or any other given time. 



Second — There is to be no limit upon the right of employer to 

 purchase his materials wherever and whenever and from whomever 

 ho may choose, whether those materials be union-made or otherwise. 



Third — There is to be no favoritism shown by organized labor 

 toward employers or trade associations or contractors' associations, 

 and no discriminations are to be indulged in against the independent 

 employer who may not be a member of such an association. 



Fourth — The labor organization is not to be used or permit itself 

 to be used by material men or contractors or sub-contractors as an 

 instrument for the collection of debts or enforcement of the pay- 

 ment of alleged claims. 



Eeports received by the Interstate Commerce Commission show 

 that during 1921 there was a falling off in the freight traffic of the 

 country of approximately 23.3 per cent, compared with the volume 

 of the previous year. The decline was the greatest, both relatively 

 and absolutely, that the railroads of the country ever have suffered 

 in the course of a single year. 



The net ton miles, the number of tons of freight multiplied by 

 the number of miles carried, totaled 344,167,000,000 during the past 

 year, or 104,390,000,000 less than in 1920. 



(Continued from page 25^ 

 moisture content of the lumber as evidenced by several (not merely 

 one) samples, which have been most carefully tested. In other words, 

 if you expect results, don't try to get same by guessing. You would 

 not set your tools by guess. Please realize that kiln drying has become 

 an almost exact science, requiring exact measures to produce exact 

 results. The days of the lumber jack, yardman, expert dry kiln opera- 

 tor are passing fast, facts must rule the kiln, not guess work. 



Such drying as hero advised may call for more drying time, and 

 consequently more kiln capacity, but the ultimate saving will be found 

 to warrant the increased care and investment. 



