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			<pb n='1'/>
			<p>
				<lg>
					<l>Calendar No. 381</l>
					<l>74TH CONGRESS</l>
					<l>REPORT</l>
					<l>SENATE</l>
					<l>1st Session</l>
					<l>No. 367, Part 2</l>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>MINORITY VIEWS</l>
					<l>OF THE</l>
					<l>COMMITTEE ON THE JUDICIARY</l>
					<l>TO ACCOMPANY</l>
					<l>S. 87</l>
					<l>A BILL TO PREVENT THE SHIPMENT IN INTERSTATE COM-</l>
					<l>MERCE OF CERTAIN ARTICLES AND COMMODITIES, IN</l>
					<l>CONNECTION WITH WHICH PERSONS ARE EMPLOYED MORE</l>
					<l>THAN FIVE DAYS PER WEEK OR SIX HOURS PER DAY, AND</l>
					<l>PRESCRIBING CERTAIN CONDITIONS WITH RESPECT TO</l>
					<l>PURCHASES AND LOANS BY THE UNITED STATES, AND</l>
					<l>CODES, AGREEMENTS, AND LICENSES UNDER THE</l>
					<l>NATIONAL INDUSTRIAL RECOVERY ACT</l>
					<l>SUBMITTED BY MR. AUSTIN</l>
					<l>MARCH 13 (calendar day, MARCH 29), 1935.—Ordered to be printed</l>
					<l>UNITED STATES</l>
					<l>GOVERNMENT PRINTING OFFICE</l>
					<l>WASHINGTON: 1935</l>
				</lg>
			</p>
			<pb n='2'/>
			<p>
				<lg>
					<l>CONTENTS</l>
					<l>Analysis of S. 87—</l>
					<l>1. Conflicts with laws of nature and economics.........</l>
					<l>Economists</l>
					<l>Code authority members.......</l>
					<l>------</l>
					<l>Agriculture</l>
					<l>------------------------------</l>
					<l>Perishable goods..</l>
					<l>--------------------------------------</l>
					<l>Millers and food manufacturers...........—</l>
					<l>Retailers</l>
					<l>------------------------------</l>
					<l>Durable goods industries...</l>
					<l>Mines----------------------------------...</l>
					<l>Automotive industries.</l>
					<l>Manufactures</l>
					<l>----------------------------------------</l>
					<l>Consumers’ goods.</l>
					<l>Chemical industry.</l>
					<l>Trucking.</l>
					<l>-----------------........------</l>
					<l>Publishers and editors.......</l>
					<l>Exports and imports....</l>
					<l>What would help workers......</l>
					<l>2. Incompatible with a free government..........</l>
					<l>Labor loses liberty and right of self-government.........</l>
					<l>Labor loses equality of governmental treatment....</l>
					<l>All-powerful boycotting system”</l>
					<l>Right to work and maintain independence destroyed........</l>
					<l>3. Exercises powers not vested in Congress..</l>
					<l>Creates statutory monopoly of labor.......</l>
					<l>Transforms lawful acts into crimes..........</l>
					<l>Imposes unusual punishments, embargoes, boycotts, forfeitures,</l>
					<l>impairment of contracts, fines, and imprisonments........</l>
					<l>Usurps States rights..</l>
					<l>Decisions:</l>
					<l>N. R. A. limitations void</l>
					<l>Protecting independence of States......... 21, 24</l>
					<l>Production, Congress no jurisdiction........</l>
					<l>Commerce preexisted Constitution.</l>
					<l>Manufacturing, mining, not commerce..........</l>
					<l>Commodities described cannot be excluded..............</l>
					<l>Due process clause violated..........</l>
					<l>Conclusion</l>
					<l>--------------------------..............</l>
					<l>III</l>
				</lg>
			</p>
			<p>
				<lg>
					<l>Page</l>
				</lg>
			</p>
			<p>
				<lg>
					<l>25</l>
				</lg>
			</p>
			<pb n='3'/>
			<p>
				<lg>
					<l>Calendar No. 381</l>
					<l>REPr. 367</l>
					<l>SENATE</l>
					<l>74TH CONGRESS</l>
					<l>Part 2</l>
					<l>Ist Session</l>
					<l></l>
					<l></l>
					<l></l>
					<l>en</l>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l></l>
					<l>MARCH 13 (calendar day, MARCH 29), 1935.—Ordered to be printed</l>
					<l>Mr. AUSTIN, from the Committee on the Judiciary, submitted the</l>
					<l>following</l>
					<l>MINORITY REPORT</l>
					<l>(To accompany S. 87)</l>
					<l>
</l>
					<l>
</l>
					<l>The undersigned have reached the conclusion that S. 87 should</l>
					<l>not pass because:</l>
					<l>1. It is in conflict with laws of nature and of economics;</l>
					<l>2. It is incompatible with a free government;</l>
					<l>3. It attempts to exercise powers not vested in Congress.</l>
					<l>Briefly analyzed, the purpose of the bill is to control labor to the</l>
					<l>extent of limiting the sale of services to not more than 5 days in any</l>
					<l>week, or to not more than 6 hours in any day.</l>
					<l>he scope of the bill includes employees (except officers, executives,,</l>
					<l>and superintendents and their personal and immediate clerical</l>
					<l>assistants) of any person producing or manufacturing goods in any</l>
					<l>mine, quarry, mill, cannery, workshop, factory, or manufacturing</l>
					<l>establishment, situated in the United States.</l>
					<l>The author of the bill, Senator Black, testified that the bill contem</l>
					<l>plates the exclusion of agriculture (hearings, p. 14). Nevertheless,</l>
					<l>the bill includes employees of all producers of agricultural or farm</l>
					<l>products save those producers who are the original producers and</l>
					<l>who process for the first sale (sec. 7 (b) p. 6).</l>
					<l>Senator Black also stated that it included the publishing business</l>
					<l>the original bill having excluded that business by name and this bill</l>
					<l>having eliminated that exclusion (hearings, pp. 9-10).</l>
					<l>An exemption permit with respect to the foregoing class of em-</l>
					<l>ployees may be granted to “such persons, relieving the employer</l>
					<l>from the provisions of this Act with reference to such persons (bill,</l>
					<l>p. 3, lines 15-16.)</l>
					<l>Such persons” are those who are found by the Secretary of Labor</l>
					<l>upon satisfactory proof of the existence of special conditions in any</l>
					<l>industry to be necessary to be employed beyond the statutory limit.</l>
					<l>Industries are not exempted.</l>
				</lg>
			</p>
			<pb n='4'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>2</l>
					<l>Subject to the exception above stated, the scope of the bill includes</l>
					<l>the following:</l>
					<l>Employees of vendors of articles or commodities sold to the United</l>
					<l>States or to any department or organization thereof. The ramifica-</l>
					<l>tions of this phase of the bill reach food, clothing, drugs, toilet articles,</l>
					<l>paper, paint, bedding, house furniture and furnishings, vehicles,</l>
					<l>military and naval equipment, construction materials, books, maga-</l>
					<l>zines, newspapers, office supplies, tools, fuel, and other articles and</l>
					<l>commodities too numerous to specify herein (sec. 2 (a), p. 3).</l>
					<l>Employees of any materialman who sells to any contractor for</l>
					<l>any public work (sec. 2 (b)).</l>
					<l>Employees of any borrower from any governmental agency who</l>
					<l>is engaged in the production and manufacturing described in the</l>
					<l>first section (sec. 3 (a), (b)).</l>
					<l>Employees of every person who is under a code of fair competition,</l>
					<l>agreement and license under title I of the National Industrial Re-</l>
					<l>covery Act (sec. 4 (a), p. 5).</l>
					<l>The enforcement provisions of the act are unusual:</l>
					<l>An embargo on transportation in interstate and foreign commerce</l>
					<l>affecting the shipper, the transporter, and the deliverer.</l>
					<l>That no article or commodity shall be shipped, transported, or delivered in</l>
					<l>interstate or foreign commerce, which was produced or manufactured in-</l>
					<l>any of the establishments described in section 1-</l>
					<l>which any person-</l>
					<l></l>
					<l>that is to say in which even one person¬</l>
					<l>was employed more than 5 days in any week or more than 6 hours in any</l>
					<l>* * *</l>
					<l>day:</l>
					<l>(Sec. 1, p. 3.)</l>
					<l>A boycott:</l>
					<l>SEc. 2. (a) No article or commodity shall be purchased by the United States,</l>
					<l>or any department or organization thereof, from any business enterprise operat-</l>
					<l>ing contrary to any provision of this Act</l>
					<l>A limitation of the right to contract:</l>
					<l>(b) Each contract made with a contractor for any public work shall contain a</l>
					<l>provision that the contractor will buy no article or commodity to use on or in</l>
					<l>any public work from any business enterprise violating any of the terms or pro-</l>
					<l>visions of this Act</l>
					<l>Disqualification to borrow of any governmental agency:</l>
					<l>Sec. 3. (a) No governmental agency shall make or renew any loan to any em-</l>
					<l>in which any person (even one person)*</l>
					<l>ployer of labor *</l>
					<l>was employed more than five days in any week or more than six hours in any</l>
					<l>day.</l>
					<l>Another limitation of the right to contract:</l>
					<l>Sec. 3. (b) On and after the effective date of this Act, any such employer of</l>
					<l>labor who applies for a loan from any such governmental agency shall agree at</l>
					<l>the time of making application for such loan that so long as he is indebted to the</l>
					<l>* to work more</l>
					<l>United States he will not permit any person, except</l>
					<l>than * *</l>
					<l>Forfeiture:</l>
					<l>In the event that there is a violation by any such employer of his agreement,</l>
					<l>* shall be immedi¬</l>
					<l>the full amount of the unpaid principal of the loan</l>
					<l>ately payable.</l>
				</lg>
			</p>
			<pb n='5'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>Impairment of contracts: Another violation enforcement provision</l>
					<l>consists of the arbitrary changing of the essential and vital element</l>
					<l>of labor provisions contained in all the codes. These were voluntary</l>
					<l>agreements.</l>
					<l>SEc. 4. (a) On and after the date this Act takes effect, every code of fair</l>
					<l>* * * shall contain a condition that the</l>
					<l>competition, agreement, and license</l>
					<l>employers covered by such code * * * shall not employ any person, except</l>
					<l>* * * more than five days, etc.</l>
					<l>* * * heretofore approved * * * shall be deemed</l>
					<l>(b) Every such code,</l>
					<l>to be amended so as to include a provision corresponding to that prescribed in</l>
					<l>subsection (a) of this section.</l>
					<l>Fine or imprisonment:</l>
					<l>SEc. 6. Anv person who violates any of the provisions of this Act, or who fails</l>
					<l>to comply with any of its requirements, shall upon conviction thereof, be fined</l>
					<l>not less than 8200, or be imprisoned for not more than three months, or both.</l>
					<l>This penalty runs against others than employers and employees;</l>
					<l>it strikes shippers, carriers, and deliverers who may or may not know</l>
					<l>that they are violating the act.</l>
					<l>All of the foregoing enforcement provisions reach the employee</l>
					<l>indirectly and tend to curtail his liberty to work and to earn money.</l>
					<l>The compensation of employees is frozen by section 5, at the pres-</l>
					<l>ent “daily, weekly, or monthly wage rate.”, unless a change is made</l>
					<l>according to the bill. The change intended is obviously a reduction,</l>
					<l>for the bill provides:</l>
					<l>SEc. 5. On and after the date this Act takes effect, it shall be unlawful for any</l>
					<l>employer subject to any of the provisions of this Act to reduce, directly</l>
					<l>indirectly, the daily, weekly, or monthly wage rate in effect on such date</l>
					<l>with respect to any</l>
					<l>00</l>
					<l>even one¬</l>
					<l>of his employees until a reasonable opportunity has been afforded to his employees,</l>
					<l>through representatives of their own choosing by a majority vote, to meet with</l>
					<l>the employer or his representatives and to discuss and consider fully all questions</l>
					<l>which may arise in connection with the reduction of such wage rate.</l>
					<l>The obvious discrimination forced upon employees in divers indus-</l>
					<l>tries varies between those running on the 30-hour, 40-hour, and 50-</l>
					<l>hour per week basis at the present time, and between those operating</l>
					<l>under sectional and seasonal differences.</l>
					<l>1. Irisiоаииr wии tHLS or NTRen o ECooIS</l>
					<l>Leaders of thought in economics whose interest is general, opposed</l>
					<l>the bill, testifying, among other things, as follows:</l>
					<l>Harold G. Moulton, Brookings Institution, Washington, D. C.</l>
					<l>(hearings, p. 166):</l>
					<l>At page 177:</l>
					<l>Our conclusion simply is that this measure will not only not accomplish any¬</l>
					<l>thing for the laborers themselves, those now on the pay rolls, but that it will</l>
					<l>tend to defeat the very purpose which labor ought to be interested in.</l>
					<l>Wallace B. Donham, dean of the Graduate School of Business Ad-</l>
					<l>ministration of Harvard University (hearings, p 165):</l>
					<l>Advances in labor cost would advance prices and cut profits which are alreadv</l>
					<l>dangerously low. Advancing prices at the expense of consumers would check</l>
					<l>buying and create more unemployment. It would run up the cost of living.</l>
					<l>It would set us back from our goal of a better balance between agricultural and</l>
					<l>other prices. Cutting profits would remove the leading incentive to hiring more</l>
					<l>men.</l>
				</lg>
			</p>
			<pb n='6'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>O. G. Saxon, professor, Yale University, Sheffield scientific school</l>
					<l>course, “Business operation and relations ; law school course.</l>
					<l>“Mar¬</l>
					<l>keting” (hearings, p. 180):</l>
					<l>At page 180:</l>
					<l>* * * To adopt it now would mean more rather than less unemployment,</l>
					<l>less rather than more real wages, and in the long run longer rather than shorter</l>
					<l>hours for many people, and a lower, not a higher, standard of living for all.</l>
					<l>At page 190:</l>
					<l>Commenting on the 30-hour week, the National Industrial Conference Board</l>
					<l>study says:</l>
					<l>At page 191:</l>
					<l>The result would be:</l>
					<l>For the employed worker, reduced hours, increased hourly earnings, stationary</l>
					<l>money income per week, and increased cost of living.</l>
					<l>For the manufacturer, smaller output per man-hour, increased labor costs per</l>
					<l>man-hour, increased material costs, and a larger increase in labor costs per unit</l>
					<l>of product.</l>
					<l>At page 194:</l>
					<l>The Brookings Institute says:</l>
					<l>It should be clear***</l>
					<l>that a 30-hour week would involve a simultaneous</l>
					<l>increase in wage rates and a decrease in productive efficiency. The volume output</l>
					<l>would be declining at the same time that the payment of wages was increasing.</l>
					<l>This would result in either bankrupting business or in a rise in prices more rapid</l>
					<l>than expansion in pay rolls. If the former alternative resulted, we obviously</l>
					<l>would not have recovery, but rather intensified depression. In the latter alterna-</l>
					<l>tive the rapid advance in prices would nullify the increased money wages.</l>
					<l>Wilford I. King, professor of economics, School of Commerce, New</l>
					<l>York University (hearings, p. 336):</l>
					<l>At page 337:</l>
					<l></l>
					<l>Unemployment, then, is nothing more or less than the relationship existing</l>
					<l>between the holding price of the laborer for his labor and the world price at which</l>
					<l>the supply of labor will be demanded.</l>
					<l>At page 340:</l>
					<l>* * * You can have your choice; you can have flexible prices with stable</l>
					<l>production and full employment, or you can have rigid prices with flexible pro¬</l>
					<l>duction and much unemployment.</l>
					<l>At page 342:</l>
					<l>* * *</l>
					<l>If an attempt is made to compel the employer to pay the same wage</l>
					<l>rate for a 30-hour week as he is now paying for a 40- or 44-hour week, it evidently</l>
					<l>increases his cost per piece or per article. According to the law of supply and</l>
					<l>demand, if the cost is increased, he will sell fewer units of the product. That is</l>
					<l>exactly what has been happening during the last year and a half under the</l>
					<l>restrictions which have been imposed upon industry.</l>
					<l>At page 349:</l>
					<l>When the Government began to put restrictions upon industry, that rapid rise</l>
					<l>ceased.</l>
					<l>As soon as the Government began to put restrictions on hours of labor, those</l>
					<l>restrictions tended to offset the effects of the increasing price level. When we</l>
					<l>pay out relief in great quantities, that procedure also helps to keep more rigid</l>
					<l>the wage rates, so that they cannot be adjusted to new levels. There has been</l>
					<l>no adequate downward adjustment of wage rates. The restrictionists did every-</l>
					<l>thing they couid, as I see it, to prevent recovery.</l>
				</lg>
			</p>
			<pb n='7'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>Gus W. Dyer, Vanderbilt University, Nashville, Tenn., representing</l>
					<l>the Southern Industrial Council (hearings, p. 350):</l>
					<l>At page 351:</l>
					<l>* * * The proposed law would bring an unusual hardship on the small</l>
					<l>industries and on small business concerns in general.</l>
					<l>** * To put a burden of 33½-percent extra wage cost on a small factory</l>
					<l>that has no&apos;reserve, has limited credit, would practically make it impossible to</l>
					<l>continue in business.</l>
					<l>* * This bill prohibits men who could support themselves, if free, from</l>
					<l>accepting employment that would enable them to take care of themselves and</l>
					<l>preserve their independence.</l>
					<l>Fred H. Clausen, director of the Chamber of the Commerce of the</l>
					<l>United States (hearings, p. 433):</l>
					<l>At page 434:</l>
					<l>* * * We cannot establish wage rates by Government fiat that are not</l>
					<l>earned and recovered by the employer who pays them. The wage fund must</l>
					<l>come from gross income, and not from capital.</l>
					<l>To the worker, it (the 30-hour bill) says that under the American law you</l>
					<l>cannot work for others more than 30 hours a week. It definitely limits his earn-</l>
					<l>ing power without any relation to his health or the betterment of his economic</l>
					<l>position.</l>
					<l>Frankly, the program designed to create scarcity of labor will in itself effect</l>
					<l>increased scarcity of work and not of workers.</l>
					<l>At page 437:</l>
					<l>* * * This proposed law will reduce and not increase man-hour employment-</l>
					<l>At page 438:</l>
					<l>* * * One of the most objectionable features is the lack of flexibility.</l>
					<l>Neil Carothers, professor of the College of Business Administration</l>
					<l>at Lehigh University, as quoted by Professor Saxon (hearings,</l>
					<l>183, and exhibits, p. 883).</l>
					<l>At page 183:</l>
					<l>This fundamental truth that you cannot help labor by reducing production is</l>
					<l>the basic fact in this 30-hour-week matter. If the average work week in normal</l>
					<l>times is 44 hours, then the national dividend is simply the product of 44 hours of</l>
					<l>labor applied to our land and capital. Cut this work week to 22 hours and you</l>
					<l>destroy the American standard of living:</l>
					<l>At page 883 (exhibit):</l>
					<l>* * * Cut it again to 11 hours and our civilization disappears. Cut it</l>
					<l>once more to 5½ hours and death sweeps away the population. But, you say</l>
					<l>this is a proposal to cut to 30 hours. Exactly. It will have the same starvation</l>
					<l>tendency, but it will not go so far.</l>
					<l>M. H. Reymond, industrial engineer, representing only himself,</l>
					<l>the average citizen” (hearings, p. 263):</l>
					<l>At page 265:</l>
					<l>*** The principal result of inflating costs, under such circumstances is to</l>
					<l>close down more businesses and make the unemployment situation worse than it</l>
					<l>otherwise would have been.</l>
					<l>At page 266:</l>
					<l>* * * To the extent that this bill contemplates higher wages per hour, it</l>
					<l>would cause lower wages per week by forcing a further contraction of business</l>
					<l>enterprise, or, what amounts to the same thing, by preventing a normal reexpan-</l>
					<l>sion of business enterprise. To the extent that this bill may contemplate reducing</l>
				</lg>
			</p>
			<pb n='8'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>hours without raising wages per hour, it would involve a lower standard of living,</l>
					<l>being in effect a bill for placing the entire burden of unemployment relief upon</l>
					<l>workers who now have jobs, which I am sure is not the intention.</l>
					<l>submit that no matter how it is interpreted, the present 30-hour-week bill would</l>
					<l>actually retard recovery from unemployment and actually reduce the standard</l>
					<l>of living of labor.</l>
					<l>* *</l>
					<l>I believe that our first concern should be to cure the existing unem¬</l>
					<l>ployment, which requires either reducing costs, until these are again in balance</l>
					<l>with existing prices, or increasing prices until these are again in balance with</l>
					<l>existing costs.</l>
					<l>Victor Selden Clark, consultant in economics of the Library of</l>
					<l>Congress; paper on “Machines and Employment in History” read</l>
					<l>before the convention of American Historical Society, held in Wash-</l>
					<l>ington, D. C., December 1934 (hearings, p. 303):</l>
					<l></l>
					<l>At page 303:</l>
					<l>Poverty and enforced or habitual idleness are therefore an ancient evil. They are</l>
					<l>We do not know positively</l>
					<l>not peculiar to what we call our “industrial system.</l>
					<l>whether that evil has been aggravated or the reverse by the advent of machines.</l>
					<l>At page 307:</l>
					<l>Distrust of the machine may be instinctive in the human race. “In the sweat</l>
					<l>of thy face shalt thou eat bread” still seems to some an ethical injunction. We</l>
					<l>need have no fear, however, that the human race will ever entirely escape that</l>
					<l>beneficent fate. Machinery may take over the task of physical production even</l>
					<l>beyond the prophecies of those who threaten us with a disastrously mechanized</l>
					<l>civilization. But our wants are protean. In all likelihood they will continue to</l>
					<l>outstrip the possibilities of the machine in the future as they have in the past,</l>
					<l>and our hands will never be idle for lack of useful things to do.</l>
					<l>ANOTHER DISTINCT CLASS OF WITNESSES OPPOSING THE BILL CONSISTED</l>
					<l>OF THE FOLLOWING MEMBERS OF CODE AUTHORITY, OR OF THE IN-</l>
					<l>DUSTRIAL ADVISORY BOARD OF N. R. A. AT ONE TIME OR ANOTHER</l>
					<l>Ralph E. Flanders, president, Jones &amp; Lamson Machine Co.,</l>
					<l>Springfield, Vt., member of the Industrial Advisory Board of the</l>
					<l>National Recovery Administration from November 1933 to March</l>
					<l>1934 (hearings, p. 388).</l>
					<l>This witness was a sufficiently reliable authority to be cited by the</l>
					<l>author of the bill (hearings, p. 8) and by the expert witness called in</l>
					<l>rebuttal, W. Jett Lauck, who characterized the witness as one of the</l>
					<l>foremost men in his profession” (hearings, p. 448):</l>
					<l>At page 389:</l>
					<l>* * * A recovery, to be real, must be expressed in terms of an increase in the</l>
					<l>production and distribution of goods and services. A further shortening of</l>
					<l>hours cannot possibly produce such an increase; a further shortening would</l>
					<l>obviously produce a decrease. It would be a deathblow to recovery.</l>
					<l>At page 390:</l>
					<l>A general raising of hourly wage rates at this time will be reflected in raised</l>
					<l>* * *</l>
					<l>prices for goods and services.</l>
					<l>As a matter of fact, we have had price rises which ate up wage increases, thus</l>
					<l>preventing an increase in demand from the workers.</l>
					<l>* * * The attempt at an artificial balancing of price and wage changes</l>
					<l>leaves large blocks of purchasing power with a net loss, salaried men, for instance,</l>
					<l>* *</l>
					<l>and farmer</l>
					<l>* * *</l>
					<l>There is nothing in this to give any encouragement to recovery in</l>
					<l>the industries where recovery is most needed. The capital-goods industries can</l>
					<l>only be revived by the hope of profit in the industries they serve. Until that</l>
					<l>revives, the remaining mass of unemployment will continue to distress those who</l>
					<l>suffer under it, and to perplex and concern the rest of us.</l>
				</lg>
			</p>
			<pb n='9'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>At page 391:</l>
					<l>An understanding of the profit system shows that its success in serving the</l>
					<l>mass of people depends on profit. To permit the recovery of business, the in-</l>
					<l>crease of employment, the expansion of purchasing power, the broader produc-</l>
					<l>tion and distribution of goods, there must be a reasonable hope of profit. We can</l>
					<l>stabilize on any level. We sink to a low level if profit is threatened. The 30-</l>
					<l>hour week is a proposal to stabilize on a low level. The whole population rises</l>
					<l>to a higher level if business profit is not merely permitted, but encouraged, and</l>
					<l>if production is allowed to increase.</l>
					<l>At page 394:</l>
					<l>Summing up, the workers’ interests will be served by</l>
					<l>1. Abandonment of the wage and hours policy of bill S. 87.</l>
					<l>2. Abandonment by labor of corresponding wage and hour policies which</l>
					<l>retard recovery and reemployment.</l>
					<l>3. Abandonment by industry of the search for profit by way of less production</l>
					<l>and higher prices, and a return to normal profit and business expansion through</l>
					<l>increased production and lower prices.</l>
					<l>4. Acceptance by business of overtime wage policies which will distribute an</l>
					<l>increased sum in wages as the demand for workers rises above the level of the 40</l>
					<l>hours per week.</l>
					<l>5. Active protection of true business profit by Government for the sake of</l>
					<l>reemployment, increased pay rolls, and increased governmental income.</l>
					<l>6. Confining repressive measures to the limiting of profit from speculative</l>
					<l>inflation, which destroys purchasing power, produces unemployment, and gener-</l>
					<l>ates an unendurable burden of debt.</l>
					<l>Walter Mitchell, Jr., secretary of Code Authority of the Furniture</l>
					<l>Manufacturers’ Industry, Washington, D. C. (hearings, p. 118):</l>
					<l>At page 124:</l>
					<l>* * * It should be remembered that a 25-percent reduction in hours from</l>
					<l>the 40-hour base in most of the codes to the proposed 30-hour base constitutes a</l>
					<l>33-percent increase in the hourly wage rate</l>
					<l>At page 125:</l>
					<l>* * * The real reason why industry wants flexibility is that equipment is</l>
					<l>geared in most industries to normal requirements. Seasonal peaks have always</l>
					<l>been absorbed by longer hours of operation, and slacks have been met by part-</l>
					<l>time operations. Permanent workers need the extra funds earned during these</l>
					<l>peaks in order to tide them over the slack period.</l>
					<l>Robert E. Wood, president Sears, Roebuck &amp; Co., under consid-</l>
					<l>eration for adviser to the President on relief measures (p. 307):</l>
					<l>At page 307:</l>
					<l>In thelong-term view I think that perhaps my children will see a 30-hour week;</l>
					<l>just as we came down from 59 to 50 and from 50 to 48 and from 48 to 40, I think</l>
					<l>we will eventually see 30. We may see lower than that. But you are taking a</l>
					<l>terrible risk if you do this now. You are going too fast. You have got to wait</l>
					<l>until machine production is better than it is today.</l>
					<l>At page 308:</l>
					<l>I am opposing this bill not from the standpoint of my own firm. If other</l>
					<l>merchants go to 30 hours I can go to 30 hours and hold my end up, but I am oppos¬</l>
					<l>ing it from the standpoint of the citizens and what I think will endanger my</l>
					<l>customers.</l>
					<l>At page 309:</l>
					<l>Neither is there any reason to believe that reduction from the present 8-hour</l>
					<l>day for 5 days per week, to a 6-hour day for 5 days, would result in any material</l>
					<l>increase in efficiency by the individual worker.</l>
					<l>At page 310:</l>
					<l>As a practical business man, a merchant who comes into direct and intimate</l>
					<l>contact with the buying public, the thing that gives me the greatest concern in</l>
					<l>this 30-hour-week proposal is the practical certainty that it would result in a</l>
				</lg>
			</p>
			<pb n='10'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>tremendous buyers’ strike. This would, of course, be followed by a closing of</l>
					<l>factories and the discharge of employees. In my opinion, the net effect of adopt-</l>
					<l>ing the Black bill would be that within 6 months we would find fewer people at</l>
					<l>work than today.</l>
					<l>The statements of a prominent labor leader before this committee to the effect</l>
					<l>that the adoption of the 30-hour week would raise prices only 3 to 3½ percent,</l>
					<l>despite the 33½ percent theoretical rise in labor costs involved in most industries,</l>
					<l>will hardly be taken seriously by this committee, I trust. Other data in that same</l>
					<l>statement completely refute that assertion. This very serious error results from</l>
					<l>the fact that they have inadvertently computed the increased labor cost on only</l>
					<l>one step in the process of transforming the raw material into the finished product</l>
					<l>sold and delivered to a point where the consumer can use it.</l>
					<l>Robert West, Danville, Va., representing the Cotton Textile Code</l>
					<l>Authority (hearings, p. 416):</l>
					<l>At page 417:</l>
					<l>** * * The inflexible and arbitrary provision for a maximum 6-hour day</l>
					<l>and a maximum 30-hour week permitted to be worked, is not the answer to the</l>
					<l>problem of unemployment, and if made a law, will quite likely work incalculable</l>
					<l>harm to those already engaged in gainful occupation, with very little, if any,</l>
					<l>(compensation advantage to the unemployed.</l>
					<l>At page 420:</l>
					<l>* * * Basically, the bill proposes to penalize 6,500,000 wage earners in</l>
					<l>the manufacturing industries for the possibility of reemploying the 700,000 during</l>
					<l>* *</l>
					<l>the hours given up by the 6,500,000.</l>
					<l>* * * The bill necessitates an increase in labor costs of 33½ percent, which</l>
					<l>must be passed on to the consuming public since no earnings have been available</l>
					<l>to absorb this increase in costs. Furthermore, the bill necessitates a singularly</l>
					<l>futile increase in costs because those who cause this increase do not receive an</l>
					<l>increase in their own income.</l>
					<l>At page 422:</l>
					<l>* * * This is not a bill to relieve unemployment to any great extent, but</l>
					<l>rather a bill which will result in decreasing production and limiting the individual</l>
					<l>workman’s capacity to earn.</l>
					<l>The net effect of the efforts of Government industry, labor and agriculture for</l>
					<l>shorter hours, higher hourly rates, and curtailment in production of foodstuffs is</l>
					<l>making itself manifest in the form of rising prices of what the workman has to</l>
					<l>buy. This proposal to further reduce the maximum hours permitted to be worked</l>
					<l>means higher costs and prices with no increase in the ability to pay.</l>
					<l>While it is the hourly rate that determines cost of manufacturing, it is the weekly</l>
					<l>pay envelop which pays the butcher and the grocery man, but the value to the</l>
					<l>worker of that pay envelop is dependent on the prices he has to pay. The cur-</l>
					<l>rent proposal for the shorter work week forestalls the opportunity of providing</l>
					<l>the necessary income because it raises costs without providing a compensating</l>
					<l>It accelerates</l>
					<l>increase in income to meet the rising prices occasioned.</l>
					<l>the necessity of expenditure and deprives him of his opportunity to earn more</l>
					<l>At page 423:</l>
					<l>There is a rising remonstrance on the part of wage earners at arbitrary measures</l>
					<l>which restrict their ability to cope with the rising costs of living. Every proposal</l>
					<l>seems destined to raise the price of what the worker has to buy, at the same time</l>
					<l>** * The bill will aggra¬</l>
					<l>fettering his opportunity to increase his income.</l>
					<l>vate the difficulty.</l>
					<l>Ward Cheney, chairman Code Authority for the Velvet Industry</l>
					<l>(hearings, p. 467):</l>
					<l>At page 467:</l>
					<l>* * * We are faced with the problem of being able to run mills at peak</l>
					<l>production during only 3 months.</l>
				</lg>
			</p>
			<pb n='11'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>At page 468:</l>
					<l>It would be difficult to establish an increased shift to occupy looms with the</l>
					<l>available skill.</l>
					<l>George H. Williams, chairman Code Authority, Candy Manufac-</l>
					<l>turing Industry (hearings, p. 329):</l>
					<l>At page 329:</l>
					<l>A 30-hour-work week applied to the candy manufacturing industry would</l>
					<l>cause: (1) Reduction in employment. (2) elimination of many of the smaller</l>
					<l>units now operating in the smaller cities and towns, and (3) transfer of business</l>
					<l>from the smaller to the larger units of the industry</l>
					<l>AGRICULTURE WOULD BEAR A LARGE PART OF THE BURDEN OF THE</l>
					<l>COST AND PRODUCERS OF AGRICULTURAL PRODUCTS AND OTHER</l>
					<l>PERISHABLE GOODS WOULD BE UNABLE TO CONFORM TO THE LAW,</l>
					<l>ACCORDING TO THE FOLLOWING WITNESSES</l>
					<l>Mr. Flanders (supra) at page 390:</l>
					<l>* * * This bill, if enacted, will in fact destroy the progress which the farmer</l>
					<l>has made hitherto in coming into balance with the industrial population.</l>
					<l>Mr. Wood (supra) at page 308:</l>
					<l>* * * I think you will see that this bill will cause quite an economic upset</l>
					<l>and I can see every time the relation between farm and city gets out of proportion</l>
					<l>how your farm buying drops down, and that throws the factory worker out of</l>
					<l>employment.</l>
					<l>J. F. Kolb, director of industrial relations, National Metal Trades</l>
					<l>Association (hearings, p. 324):</l>
					<l>At page 325:</l>
					<l>Our 30,000,000 farm population would be confronted with higher prices for all</l>
					<l>commodities purchased. This increase in the disparity between the prices of</l>
					<l>manufactured products and agricultural products would seriously affect sales</l>
					<l>of manufactured products as well as the farmer’s real earnings and no doubt</l>
					<l>ultimately would increase our unemployment burden.</l>
					<l>At page 326:</l>
					<l>It goes without saying that it is the duty of the Nation to prevent want among</l>
					<l>the unemployed. But to seek this end by a compulsory reduction of the hours</l>
					<l>of work, which would freeze the possible volume of production below the level</l>
					<l>required to give all the people the abundance they desire, is as short-sighted as it</l>
					<l>is lacking in understanding.</l>
					<l>At page 437:</l>
					<l>*** increased labor expenses amounting to 33½ percent will be reflected</l>
					<l>in prices to farmers for their needed equipment that are 20 percent in excess of</l>
					<l>the present level.</l>
					<l>W. A. Wentworth, secretary dairy industry committee, composed</l>
					<l>of representatives from International Association of Milk Dealers,</l>
					<l>International Association of Ice Cream Manufacturers, American</l>
					<l>Association of Creamery Butter Manufacturers, National Cheese</l>
					<l>Institute, Evaporated Milk Association, and Dry Milk Institute</l>
					<l>(hearings, p. 398):</l>
					<l>At page 400:</l>
					<l>The establishments engaged in this industry number as follows: Fluid-milk</l>
					<l>distribution, 55,000, of which 8,400 are dealers in pasteurized milk and 46,600</l>
					<l>are producers engaged in processing for first sale. There are 4,505 butter-</l>
					<l>manufacturing plants, 3,432 cheese-manufacturing plants, 3,702 ice-cream-</l>
					<l>manufacturing plants, and 460 evaporated- and dry-milk-manufacturing plants.</l>
				</lg>
			</p>
			<pb n='12'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>10</l>
					<l>At page 401:</l>
					<l>* * * Milk is produced by 26,062,000 dairy cows, distributed in all of the</l>
					<l>States.</l>
					<l>At page 402:</l>
					<l>In the fluid-milk industry 22 percent of the total sales dollar went into pay</l>
					<l>roll in 1929 while in 1933 it had increased to 29 percent. In the other branches</l>
					<l>of the industry approximately the same increase prevails with the figures ranging</l>
					<l>from 25 to 32 percent of the sales dollar at the present time.</l>
					<l>At page 403:</l>
					<l>A 30-hour week or a 6-hour day or even the provisions of section 1 which author-</l>
					<l>izes the Secretary of Labor to issue exemptions would place upon an administra¬-</l>
					<l>tive branch of the Government the practical necessity of waiving the provisions</l>
					<l>of the act or to impose a hardship and a discrimination which would defeat the</l>
					<l>purposes of the act by throwing the handling of these products into the hands of</l>
					<l>producers who are exempt from the act or establishments which are engaged</l>
					<l>solely in intrastate business.</l>
					<l>At page 404:</l>
					<l>* * * To impose any additional cost upon this industry, which is almost a</l>
					<l>direct link between the farmer and the consumer, can only do one of two things.</l>
					<l>It would either increase the price to the consumer or decrease the price to the</l>
					<l>farmer.</l>
					<l>A. M. Loomis, representing the American Association of Creamery</l>
					<l>11/0</l>
					<l>Butter Manufacturers (hearings, p. 112):</l>
					<l>At page 113:</l>
					<l>A 30-hour week and a 6-hour day, we are convinced, cannot successfully be</l>
					<l>applied to these manufactured products, because of practical considerations</l>
					<l>which cannot be changed by law.</l>
					<l>When the milk and cream reach the creamery or cheese factory they must be</l>
					<l>promptly taken care of. They cannot be carried over until the next day, because</l>
					<l>at this stage deterioration is rapid.</l>
					<l>At page 114:</l>
					<l>* * * The products must be handled to a finish or they might spoil or be</l>
					<l>reduced from the grade or quality required for human consumption to a much</l>
					<l>less valuable product usable only for poultry or stock feed, involving heavy</l>
					<l>*</l>
					<l>losses.</l>
					<l>* * * No method is known to the industry that would overcome the com-</l>
					<l>pelling necessity of finishing each day’s operations on all of the produets on hand.</l>
					<l>* * * The handling of these products requires the utmost care, not only</l>
					<l>from the standpoint of quality but also from that of sanitation, and the pres¬</l>
					<l>ervation of those important nourishing health-producing elements possessed by</l>
					<l>*</l>
					<l>butter and also by cheese</l>
					<l>At page 115:</l>
					<l>In connection with the proposed hour-limitation measure, the purpose of which</l>
					<l>is to increase employment and to establish double shifts, it is for me to show that</l>
					<l>this cannot be done with the dairy products I have described.</l>
					<l>* * * They (trained men) are not in existence in the numbers required to</l>
					<l>man the creameries and cheese factories with double shifts and to fulfill the re-</l>
					<l>sponsibilities connected with such work, which involves not alone economics</l>
					<l>but also human health, in preparing these important, highly perishable foods.</l>
					<l>(Referring to other testimony on the necessity of educated persons</l>
					<l>for this work.)</l>
					<l>At page 116: The phrase “the original producer” includes farmers</l>
					<l>who make their own butter and cheese on the farm but also farm</l>
					<l>cooperatives. The bill would create an extremely bad competitive</l>
				</lg>
			</p>
			<pb n='13'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>11</l>
					<l>situation between the farm cooperatives and the larger bulk of the</l>
					<l>industry</l>
					<l>Myrick D. Harding, representing the Illinois Manufacturers’ Asso-</l>
					<l>ciation, Meat Packing Industry (hearings, p. 136):</l>
					<l>This testimony tends to show the impossibility of making the pro-</l>
					<l>posed 30-hour week law conform to the laws of nature affecting</l>
					<l>perishable products.</l>
					<l>At page 136:</l>
					<l>We are very much like the canneries. When vegetables are ripe, they must be</l>
					<l>canned; when fruit is ripe, it must be canned. It is much the same way with our</l>
					<l>products.</l>
					<l>At page 137: The work is seasonal by seasons and seasonal by days</l>
					<l>of the week,</l>
					<l>At page 138: A table is shown of receipts of livestock at seven</l>
					<l>principal markets in November 1934 proving the irregularity of</l>
					<l>receipts and fluctuations in the necessity of labor.</l>
					<l>At page 139: The perishability of livestock and of fresh meat</l>
					<l>discussed.</l>
					<l>The necessity of prompt marketing as well as prompt slaughtering,</l>
					<l>packing, manufacturing, and refrigerating.</l>
					<l>At page 141: The injury repercusses upon the farmer because the</l>
					<l>meat-packing industry is really the marketing agent of the former.</l>
					<l>* * * It has long been conceded that the selling price of meats determines</l>
					<l>the price which the farmer receives for his livestock.</l>
					<l>The time elapsing between</l>
					<l>the purchase of the live animal and the sale of the finished product is so short as</l>
					<l>to be reflected back in the current buying price.</l>
					<l>It follows, therefore, that</l>
					<l>whatever expense a short working day would entail on the packing industry</l>
					<l>(and it would cost the industry as a whole many millions of dollars) would to that</l>
					<l>extent depress the prices paid the farmers for their livestock.</l>
					<l>At page 142: The bill would produce unfair competition and dis¬</l>
					<l>crimination against the interstate packer and in favor of the intra-</l>
					<l>state packer.</l>
					<l>Limiting the outlet of livestock producers by restricting the operations of or</l>
					<l>closing interstate packing plants affects grain and hay farmers.</l>
					<l>At page 150:</l>
					<l>** * Beef and mutton and pork commence to deteriorate the minute the</l>
					<l>animal is slaughtered. Deterioration sets in right away, and it is just a question</l>
					<l>of time until it gets to the point where you cannot eat it.</l>
					<l>At page 153:</l>
					<l>* * * We must have a flexible week. We must have elasticity.</l>
					<l>We</l>
					<l>simply cannot function in any other way. If we are to be put on a rigid week, it</l>
					<l>would simply mean that when that number of hours is up, bingo! We have to</l>
					<l>stop work.</l>
					<l>* * *</l>
					<l>For instance, in the manufacture of sausage, when a man starts on</l>
					<l>that job he must finish it. If a man starts to make a certain kind of sausage, he</l>
					<l>can’t stop in the middle any more than a baker can stop making dough and let</l>
					<l>somebody else take his place. *</l>
					<l>* * * They would not know how far the process had gone.</l>
					<l>At page 154:</l>
					<l>We have 36 weeks a year in which we cannot work more than 40 hours, 8 weeks</l>
					<l>in which we cannot work more than 48 hours, and 8 weeks in which we cannot</l>
					<l>work more than 53 hours. That was given us at that time for the same reasons</l>
					<l>that I am bringing up here, that we can’t operate on a rigid week. You see, we</l>
					<l>are not dealing in ingots of steel or metal, or anything of that kind. Our product</l>
					<l>is all perishable. We have a very large number of different processes through</l>
					<l>which our products must pass.</l>
				</lg>
			</p>
			<pb n='14'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>12</l>
					<l>Henry Stude, American Bakers Association (hearings, p. 480):</l>
					<l>At page 482:</l>
					<l>The rigidity of a 30-hour week would work a particular hardship on the baking</l>
					<l>industry. Baking is a domestic art. As such it is characterized by waiting time,</l>
					<l>by slow, careful handling of ingredients, by special skill—by a thousand and one</l>
					<l>baking peculiarities and delays. When the dough is once mixed it must go through</l>
					<l>its schedule of fermentation, proofing, baking, cooling. It cannot be stopped and</l>
					<l>started. It cannot be delayed or accelerated.</l>
					<l>The baking industry deals in a perishable food.**</l>
					<l>The baking industry consists of approximately 32,000 units. Between 20,000</l>
					<l>and 25,000 are small local retail enterprises employing two or three people.</l>
					<l>Upon the passage of this bill these enterprises would immediately discharge</l>
					<l>their two or three employees, convert their business into family affairs, doing</l>
					<l>their own work, thus immediately defeat the purpose of the bill.</l>
					<l>AGRICULTURAL INJURY WOULD BE SUFFERED, ALSO, FROM THE RE¬</l>
					<l>STRICTIVE EFFECTS OF THE LAW UPON MILLERS BECAUSE MILLING</l>
					<l>COMPANIES DEPEND LARGELY UPON THE PURCHASE OF GRAIN FROM</l>
					<l>THE FARMER</l>
					<l>The farmer’s hours are not and cannot be regulated. He brings in</l>
					<l>his wheat when convenient.</l>
					<l>Carl F. Dietz, the wheat-flour milling industry (hearings, p. 313):</l>
					<l>At page 317:</l>
					<l>* * * The movement is seasonal and usually for 2 to 3 months, or there-</l>
					<l>abouts, almost unlimited service is necessary. The rest of the year the elevator</l>
					<l>men, while on the job, have no really arduous tasks. It would be impossible</l>
					<l>to find men in these small communities with knowledge of wheat, grades, values,</l>
					<l>and binning for a few weeks’ work in the year.</l>
					<l>* * * That immediately affects the prices and it affects the purchases</l>
					<l>related to those particular areas. It varies very widely and very uncertainly.</l>
					<l>* * * Any restriction as to running time in a case of that sort would, of course,</l>
					<l>be disastrous. If we had a 30-hour week and a 6-hour day a man would be per-</l>
					<l>mitted to operate 5 days. That mill is called upon to operate for 6 and 7 days.</l>
					<l>It would have no way of operating. It cannot carry a stand-by crew in order to</l>
					<l>have it jump in and operate the sixth day.</l>
					<l>At page 316:</l>
					<l>A reduction to 30 hours maximum per week would make it utterly impossible</l>
					<l>in this industry for the operatives to actually get their 1,560 hours (in a year) and</l>
					<l>it would probably mean an average work week of 25 hours or less instead of 30.</l>
					<l>At page 319:</l>
					<l>We are trying to work to a 40-hour week, but the men are averaging more</l>
					<l>nearly 32 to 35 hours. The export business, as I have already indicated, is very</l>
					<l>much shrunken, and any further burden on the milling industry would just about</l>
					<l>seal its doom. There is no way we know of that we can possibly hope to compete</l>
					<l>with Canada and Australia if we have any further burdens put upon us.</l>
					<l>The inevitable result of reduced consumption (from higher cost and prices)</l>
					<l>would increase the number and use of wheat substitutes with a further unhappy</l>
					<l>effect upon the wheat farmer and the piling up of greater surpluses.</l>
					<l>The testimony of other millers to the probable deflection of con-</l>
					<l>sumption of food products to lower priced foods will be found-</l>
					<l>At page 326: G. W. Partridge, secretary, Association of Operative</l>
					<l>Millers, Kansas City.</l>
					<l>At page 327: Fred R. Rowe, the Michigan State Millers Association,</l>
					<l>Portland, Mich.</l>
				</lg>
			</p>
			<pb n='15'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>13</l>
					<l>Charles Wesley Dunn, Associated Grocery Manufacturers</l>
					<l>America, Inc. (hearings, p. 476): In addition to the direct injury to</l>
					<l>employees of manufacturers, wholesalers, and retailers of groceries</l>
					<l>the evidence tends to further show the injury reflected upon agri-</l>
					<l>culture.</l>
					<l>At page 477:</l>
					<l>* * * Moreover such wide-spread increases in prices will discourage buying</l>
					<l>by the general public and may, indeed, result in such general discontent with</l>
					<l>currently rising prices as to bring on a buyers’ strike.</l>
					<l>The food manufacturing industry and other industries engaged in the process-</l>
					<l>ing of agricultural products would suffer especially adverse effects if this bill</l>
					<l>were to become law. The Agricultural Adjustment Administration is bending</l>
					<l>every effort to bring about parity between the price the farmer receives for his</l>
					<l>product and the price he pays for the things he buys. The effect of the Black</l>
					<l>bill would be to offset in large measure the results thus far achieved, to necessi-</l>
					<l>tate higher processing taxes, and to increase the price the consumer must pay</l>
					<l>for food and clothing.</l>
					<l>The fundamental vice in this bill is that it seeks to cure unemployment by</l>
					<l>reducing production rather than increasing it, in the mistaken belief that pur-</l>
					<l>chasing power can thus be increased. The exact contrary is true.</l>
					<l>Mr. Wood (supra): As an incident of the depressive effect upon</l>
					<l>the retail business shown by the president of Sears, Roebuck &amp; Co.,</l>
					<l>the injury to farmers was illustrated as follows:</l>
					<l>At page 310.</l>
					<l>* * * We have seen numerous instances within the past 2 years where prices</l>
					<l>of an article have risen so fast as to run into a buyers’ strike. This was true in</l>
					<l>cotton goods last year. It was true of automobiles in the early months of 1934,</l>
					<l>and it has been true with numerous other specific items of merchandise. In such</l>
					<l>cases, prices have had to be forced down, even to the no-profit level, before goods</l>
					<l>could again be moved in volume.</l>
					<l>In our own case, selling largely to farmers, villagers, and workingmen, there</l>
					<l>would be no increase in income with which to buy these higher-priced goods.</l>
					<l>Farmers certainly would have no more money to spend because of the 30-hour</l>
					<l>law. On the contrary, the parity between agricultural prices and city prices,</l>
					<l>* * * would again be thrown out of balance and the interchange of goods</l>
					<l>disrupted. Villagers who depend mainly upon the farmer for their income would</l>
					<l>have less money to spend***</l>
					<l>Rivers Peterson on behalf of the Retailers National Council (200,000</l>
					<l>retail stores located in every State in the Union with an annual</l>
					<l>volume in excess of §10,000,000,000) (hearings, p. 443):</l>
					<l>The injury to the consumer was a special point of this testimony.</l>
					<l>(See table of probable increases in retail prices on p. 444.</l>
					<l>The difficulty, if not, indeed, impossibility of enforcement of such</l>
					<l>a law was pointed out at page 445, and the especial burden on the</l>
					<l>farmer is mentioned as follows:</l>
					<l>At page 444:</l>
					<l>* * * So they are necessarily going to pass this increased cost on to the</l>
					<l>consumer; and since a large part of that merchandise is purchased by the farming</l>
					<l>trade, we think perhaps it would fall especially heavy on them.</l>
					<l>Fixing the money wages at present rates, while cutting the hours of work, will</l>
					<l>amount to the same thing as establishing new and minimum wage rates. One</l>
					<l>of the inevitable results of such statutory action will be to freeze all weekly</l>
					<l>incomes at this new arbitrary level. The minimum rates will become the maxi¬</l>
					<l>mum rates. Thus higher-grade employees will be penalized under this system.</l>
					<l>S. Rept. 367, 74-1—2</l>
				</lg>
			</p>
			<pb n='16'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>14</l>
					<l>At page 445:</l>
					<l>* * * The retail codes have made provision for various work-weeks of</l>
					<l>from 40, 44, 48, to 56 hours and at the same time they have provided for a number</l>
					<l>of conditions and exemptions in which additional hours of certain classes of</l>
					<l>workers are needed in the retail trades. The Black bill provides no elasticity</l>
					<l>whatever. It drastically requires the adoption of a 30-hour-work week without</l>
					<l>regard to the wide differences in trading habits found throughout the country or</l>
					<l>to the wide differences necessary among the various trades and among stores</l>
					<l>differently situated among the various trades.</l>
					<l>* * * An increase in the failure rate of retail establishments would obvi-</l>
					<l>ously throw an increasing number of employees out of work. Such unemploy-</l>
					<l>ment would probably counterbalance any increase in employment among con-</l>
					<l>cerns still able to continue under its provisions.</l>
					<l>A. J. Hettinger, Jr., representing the Durable Goods Industries</l>
					<l>Committee (hearings, p. 423):</l>
					<l>At page 427:</l>
					<l>* * * This bill, if enacted, would ask the farmer, who finds it difficult to</l>
					<l>make a living on 60 hours of work a week, to support the industrial worker on</l>
					<l>30 hours a week.</l>
					<l>THEILARGEST POOL OF UNEMPLOYMENT IS IN THE DURABLE-GOODS</l>
					<l>INDUSTRIES</l>
					<l></l>
					<l>The evidence tends to show that the great depression in these</l>
					<l>industries woúld be frozen at the present levels if it were not made</l>
					<l>worse by the proposed 30-hour law.</l>
					<l>A. J. Hettinger, Jr., executive secretary of the Durable Goods</l>
					<l>Industries Committee (created at the express request of the United</l>
					<l>States Government) (hearings, p. 423):</l>
					<l>At page 424:</l>
					<l>This depression, now entering its sixth year, has become a durable-goods</l>
					<l>goods is 11 percent below that of</l>
					<l>depression. The production of consumers&apos;</l>
					<l>1929; but the output of durable goods, in spite of the outpouring of Public</l>
					<l>Works Administration expenditures by the billion, remains 47½ percent below the</l>
					<l>predepression totals.</l>
					<l>Put back to work those men who have produced the durable goods of this</l>
					<l>Nation and you have done more than reemploy the 4,874,000 jobless men who</l>
					<l>constitute the largest group of the idle. You have started to restore the ravages</l>
					<l>of the depression and to rebuild America.</l>
					<l>At page 427:</l>
					<l>The real indictment of this 30-hour bill is equally strong, whether based on</l>
					<l>social or economic consequences.***</l>
					<l>» Written throughout the bill, though never specifically stated, is the blunt, tacit</l>
					<l>assumption that labor is a tangible, inanimate commodity, interchangeable as</l>
					<l>spare parts in a bank of machines, and capable of being shipped at commodity</l>
					<l>rates from one part of the country to another. This is a cruel and unreal assump¬</l>
					<l>tion. Unless this bill, by some process of alchemy not yet known to man, can</l>
					<l>transform the idle freight-car builder from New York State into a skilled operative</l>
					<l>in a rayon plant in Tennessee, the worker in a cast-iron pipe factory in Birming-</l>
					<l>ham into a machinist in Cincinnati, or a sawmill operative into a chemical workei</l>
					<l>on the Atlantic seaboard, it fails in even the vital phase of the mere mechanics of</l>
					<l>reemployment.</l>
					<l>At page 428:</l>
					<l>The remedy to unemployment is not the Black 30-hour bill, which would</l>
					<l>Reemployment must be created where</l>
					<l>merely add a new series of dislocations.</l>
					<l>unemployment exists—and that is chiefly in the durable-goods industries. Du-</l>
					<l>rable goods are long-term commitments, involving heavy initial capital expendi¬</l>
				</lg>
			</p>
			<pb n='17'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>15</l>
					<l>tures which can be recouped only by income derived through a period of years.</l>
					<l>The essence of such commitments is confidence extending beyond the immediate</l>
					<l>future. Without such confidence, stagnation in these industries is inevitable.</l>
					<l>The Black 30-hour bill would intensify the stagnation that exists today. It would</l>
					<l>vitiate such gains in durable-goods employment and production as will restore</l>
					<l>industrial equilibrium. Restored industrial equilibrium is vital to widened</l>
					<l>markets for agricultural products, and the achievement of equilibrium between</l>
					<l>agriculture and industry. Thus runs the sequence of reemployment and recovery</l>
					<l>At page 430:</l>
					<l>Present costs which have failed to move goods and to create employment must</l>
					<l>be reduced to levels that will move goods and provide employment. To that</l>
					<l>end industry is devoting its every effort. The 30-hour week simply will not</l>
					<l>provide labor in these industries with a decent living wage, and permit costs</l>
					<l>and prices at which buyers will purchase their products—it is the one sure way</l>
					<l>to achieve continued depression.</l>
					<l>At page 431: The conclusions of the report of the Committee to</l>
					<l>the President under date of May 14, 1934, are set forth at pages</l>
					<l>431 and 432.</l>
					<l>The Black 30-hour bill meets none of what we believe to be the essentials of</l>
					<l>reemployment and sound recovery.</l>
					<l>J. F. Kolb, director of industrial relations, National Metal Trades</l>
					<l>Association (hearings, p. 324):</l>
					<l>At page 325t</l>
					<l>* * * The average American workman does not want a shorter working</l>
					<l>week; in fact, most of them are eager to work more hours than employers could</l>
					<l>supply, so their weekly pay checks would be adequate for family needs. On the</l>
					<l>contrary, we should emphasize that this country needs more production at lowei</l>
					<l>prices instead of less at higher prices, which would be the certain result of a sharp</l>
					<l>* *</l>
					<l>Effects upon various</l>
					<l>reduction of hours without reduced earnings.*</l>
					<l>economic classes (of the N. R. A. codes) indicate the workers’ real wages would be</l>
					<l>appreciably reduced by the rise in commodity prices which would compel adoption</l>
					<l>of a lower standard of living.</l>
					<l>If the 30-hour bill was applied indiscriminately to employees working 43 hours</l>
					<l>and others working 23 hours it would obviously be unfair to either or both so far as</l>
					<l>application of wage rates was involved.</l>
					<l>At page 326:</l>
					<l>Employment in industry is possible only as their products can be sold. Goods</l>
					<l>can be sold only on the basis of prices that create demand. The prices of products</l>
					<l>are based on costs, both direct and indirect, represented by labor in materials</l>
					<l>and supplies used in manufacture, because every manufacturer is a buyer,</l>
					<l>fabricator, and seller. The manufacturer must indemnify himself for these</l>
					<l>higher costs by charging higher prices. Present costs which have prevented</l>
					<l>sales and increased unemployment must be reduced so our products and prices</l>
					<l>will induce buying.</l>
					<l>The results of a 30-hour week with no increase or decrease in production of</l>
					<l>manufacturing industries probably would produce the following results:</l>
					<l>For the unemployed workers: Restoration to employment of some of their</l>
					<l>number, perhaps 20 to 30 percent.</l>
					<l>For the employed workers: Reduced hours, increased hourly earnings. Sta-</l>
					<l>Reduced real wage.</l>
					<l>tionary money income per week. Increased cost of living.</l>
					<l>Increased labor cost</l>
					<l>For the manufacturers: Smaller output per man-hour.</l>
					<l>per man-hour. Larger increase in labor cost per unit of product. Reduced</l>
					<l>sales.</l>
					<l>It goes without saying that it is the duty of the Nation to prevent want</l>
					<l>among the unemployed. But to seek this end by a compulsory reduction of the</l>
					<l>hours of work, which would freeze the possible volume of production below the</l>
					<l>level required to give all the people the abundance they desire, is as short-sighted</l>
					<l>as it is lacking in understanding.</l>
				</lg>
			</p>
			<pb n='18'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>﻿16</l>
					<l>FOLLOWING WITNESSES GAVE TESTIMONY EQUALLY AS PROBATIVE AS</l>
					<l>THE FOREGOING TENDING TO SHOW THE DAMAGING EFFECT OF THE</l>
					<l>PROPOSED LAW UPON THE INDUSTRIES SET AGAINST THEIR NAMES</l>
					<l>Pages are stated for quick reference.</l>
					<l>At page 157: John D. Battle, executive secretary, National Coal</l>
					<l>Association, Bituminous Mining Industry.</l>
					<l>At page 362: Julian D. Conover, secretary, American Mining</l>
					<l>Congress.</l>
					<l>At page 368: Lewis C. Madiera, III, executive director, Anthracite</l>
					<l>Institute, Anthracite Producing Coal Industry.</l>
					<l>At page 370: W. L. Haehnlen, chairman of board of the Tonopah</l>
					<l>Mining Co. of Nevada.</l>
					<l>At page 371: A. E. Bendelari, president, Eagle-Picher Mining &amp;</l>
					<l>Smelting Co., lead and zinc</l>
					<l>At page 372: Charles M. Seymour, metal miners and smelters,</l>
					<l>Tennessee, Missouri, Kansas, and Oklahoma.</l>
					<l>At page 385: Edward J. Harding, Associated General Contractors</l>
					<l>of America, Inc.</l>
					<l>At page 472: James L. Davidson, secretary, Alabama Mining</l>
					<l>Institute.</l>
					<l>At page 477: George J. Earl, Jr., New York and New Jersey branch</l>
					<l>of the National Metal Trades Association.</l>
					<l>At page 258: James W. Hook, president the Geometric Tool Co.,</l>
					<l>New Haven, Conn.</l>
					<l>At page 381: Charles R. Hook, president the American Rolling</l>
					<l>Mill Co., Middletown, Ohio.</l>
					<l>At page 405: Walter S. Tower, secretary, American Iron and Steel</l>
					<l>Institute.</l>
					<l>AUTOMOBILE MANUFACTURERS AND OTHER MANUFACTURERS OF A</l>
					<l>GREAT VARIETY OF PRODUCTS EXPRESS THE OPINION THAT THE</l>
					<l>BILL COULD NOT BE ENFORCED; THAT IT WOULD BE DESTRUCTIVE</l>
					<l>OF LABOR, OF CAPITAL, AND OF LAND, USED IN THE BROAD SENSE</l>
					<l>OF MATERIALS</l>
					<l>They pointed to increased costs, increased prices, increased sales</l>
					<l>resistance, decreased market, reduced output and production,</l>
					<l>increased unemployment, reduced purchasing power, and increased</l>
					<l>real wages.</l>
					<l>They testified that it would tend to mediocrity and lower levels of</l>
					<l>skill and labor, block the movement of economic law, and bring a</l>
					<l>penalty for it; they pointed out that the bill ignores the strain that</l>
					<l>individual industries are now suffering, assumes that all separate</l>
					<l>industries are equally prosperous, and that they are competent to</l>
					<l>bear the extraordinary burden of reduced hours without reduced pay.</l>
					<l>Their testimony tends to show that the bill would not work as a</l>
					<l>relief measure because of its tendency to create idle industries and</l>
					<l>throw workmen upon relief rolls. Also, that it would not work as</l>
					<l>as a recovery measure because of its tendency to paralyze industry</l>
					<l>that is unable to find capital with which to carry the added load.</l>
					<l>The effect of their testimony was that the bill would lower the</l>
					<l>standard of living generally.</l>
				</lg>
			</p>
			<pb n='19'/>
			<p>
				<lg>
					<l>17</l>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>We point to statements as follows:</l>
					<l>At page 298: Robert C. Graham, vice president of Graham-Paige</l>
					<l>Motors Corporation, representing the Automobile Manufacturers</l>
					<l>Association.</l>
					<l>At page 356: Jack E. G. Frost, assistant to the president of the</l>
					<l>National Automobile Dealers’ Association.</l>
					<l>At page 375: Sidney E. Cornelius, manager the Manufacturers</l>
					<l>Association of Hartford County, Hartford, Conn.</l>
					<l>At page 377: A. L. Viles, president and general manager of the</l>
					<l>Rubber Manufacturers Association, Inc.</l>
					<l>At page 461: F. C. Jones, president National Electrical Manufac-</l>
					<l>turers Association.</l>
					<l>At page 474: J. M. Manley, commissioner, Industrial Association of</l>
					<l>Cincinnati.</l>
					<l>At page 482: Manufacturers’ Association of Connecticut, Inc.</l>
					<l>At page 483: John W. O’Leary, president Machinery and Allied</l>
					<l>Products Institute.</l>
					<l>MANUFACTURERS OF BOXES AND OF TOYS TESTIFIED TO THE SAME</l>
					<l>GENERAL INCREASE IN LABOR COSTS OF 33½ PERCENT, AND TO</l>
					<l>PROBABLE REDUCTION IN THE VOLUME OF PRODUCTION</l>
					<l>At page 155: R. W. Darnell, Chicago Paper Box Manufacturers’</l>
					<l>Association.</l>
					<l>At page 320: Norman G. Hough, president and general manager</l>
					<l>National Lime Association.</l>
					<l>At page 330: J. E. Cuff, vice president American Flyer Manufac-</l>
					<l>turing Co., a toy industry.</l>
					<l>At page 416: W. A. Coventry, president Toy Manufacturers of the</l>
					<l>United States of America, Inc.</l>
					<l>At page 466: C. D. Hudson, manager National Wooden Box</l>
					<l>Association.</l>
					<l>THE CONSUMERS-GOODS INDUSTRIES COMMITTEE SUBMITTED A BRIEF IN</l>
					<l>OPPOSITION TO THE BILL, TO BE FOUND AS FOLLOWS</l>
					<l>At page 409: Industries represented and list of dislocations, cost</l>
					<l>burdens, and other injuries.</l>
					<l>At page 410: Conditions varying widely between different indus-</l>
					<l>tries impossible to regulate by horizontal, universal rule.</l>
					<l>At page 411: Financial incapacity of industry to adjust itself to the</l>
					<l>30-hour week.</l>
					<l>At page 412: Effects of price increase resulting from wage in-</l>
					<l>creases.</l>
					<l>At page 415: Would promote strikes.</l>
					<l>See also pamphlet by Roscoe C. Edlund, in behalf of the Consumers</l>
					<l>Goods Industries Committee.</l>
					<l>The Manufacturing Chemists’ Association, represented by James J.</l>
					<l>Riley, president Barium Reduction Corporation, South Charleston,</l>
					<l>W. Va. (hearings, p. 334): Developed the peculiar inability of this</l>
					<l>industry to comply with the 30-hour bill.</l>
					<l>At page 335:</l>
					<l>It is not feasible to maintain a sufficient staff or a sufficient inventory for any</l>
					<l>emergency. Many operations of the chemical industry are continuous and in a</l>
					<l>multitude of delicate chemical operations—such as finishing an obstinate nitro-</l>
				</lg>
			</p>
			<pb n='20'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>18</l>
					<l>glycerine charge—it is essential that a single skilled operator complete a given</l>
					<l>operation.</l>
					<l>The American Trucking Associations, Inc. (hearings, p. 468):</l>
					<l>Opposed the bill and asserted that it would protect an unfair competi-</l>
					<l>tive condition with rail and water carriers, as well as between em-</l>
					<l>ployers and those who own and operate their own trucks.</l>
					<l>PUBLISHERS&apos; AND EDITORS&apos; OPPOSITION TO THE BILL WAS PRESENTED</l>
					<l>AS FOLLOWS</l>
					<l>BHII.</l>
					<l>At page 439: Harry B. Rutledge, managing director National Edi¬</l>
					<l>torial Association, also secretary of the Code Authority of the Graphic</l>
					<l>Arts Code</l>
					<l>** * A recent survey made by the graphic arts coordinating committee</l>
					<l>shows only 35 percent of the towns reporting a sufficient number of skilled work-</l>
					<l>men to operate the local plants on a 30-hour basis.</l>
					<l>At page 440: The Graphic Arts Code presents an extremely compli-</l>
					<l>cated problem for its authorities owing to the classified wage scale,</l>
					<l>the differentials governed by both volume of business and population</l>
					<l>of the cities, as well as by the publication of a newspaper in the plant,</l>
					<l>and to place the entire printing industry on a 30-hour-week basis and</l>
					<l>try to make the required adjustments would hopelessly confuse code</l>
					<l>administration if not make it utterly impossible. It would plunge</l>
					<l>the industry into a chaos from which it would require years to recover.</l>
					<l>At page 441:</l>
					<l>* * * A 30-hour week under these conditions means smaller and poorer</l>
					<l>newspapers, with closing their office doors their only alternative.</l>
					<l>At page 252: Guy L. Harrington, National Publishers Association,</l>
					<l>(200 of the leading periodicals or magazines of the United States, hav-</l>
					<l>ing a total combined circulation of approximately 50,000,000 of indi-</l>
					<l>vidual copies monthly):</l>
					<l>At page 253:</l>
					<l>The immediate effect of this bill would be to suddenly increase costs to a point</l>
					<l>impossible of absorption. Many magazines would be placed on a losing basis, all</l>
					<l>unnecessary employees would be eliminated, and drastic attempts would be taken</l>
					<l>to speed up the output of those already employed. Those publishers who could</l>
					<l>not meet the increased cost would, if unable to negotiate loans, be forced into</l>
					<l>bankruptcy.</l>
					<l>At page 256:</l>
					<l>* * * There are certain operations in some branches of printing that</l>
					<l>would be impossible of performance under a 30-hour week. In many operations</l>
					<l>in printing as well as in industry in general, a 30-hour week would entail a large</l>
					<l>percentage increase in unproductive time.</l>
					<l>At page 258:</l>
					<l>A 30-hour week means a reduction of at least 40 percent, probably more, in</l>
					<l>our national production of the year 1929, which was then 8665 per capita.</l>
					<l>Would</l>
					<l>this Nation be self-sustaining on a per capita production of $400 per year?</l>
					<l>Obviously it would not if present living standards were maintained.</l>
					<l>Harder work, more work, longer hours, not shorter hours, increased production,</l>
					<l>saving and thrift only will lead to prosperity. Thus and thus only may we</l>
					<l>meet our obligations and become self-sustaining.</l>
					<l>Harvey J. Kelly, the American Newspaper Publishers’ Association</l>
					<l>(more than 400 publishers of daily newspapers throughout the United</l>
				</lg>
			</p>
			<pb n='21'/>
			<p>
				<lg>
					<l>19</l>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>States) (hearings, p. 276): A strong argument was presented for</l>
					<l>special exemption of the newspaper-publishing industry based on the</l>
					<l>fact that it has the highest level of sustained employment experienced.</l>
					<l>At page 281:</l>
					<l>It should be remembered that a newspaper cannot, in the absence of revenue</l>
					<l>business, shut down like a manufacturing concern or a commercial print shop.</l>
					<l>A newspaper must serve its readers. It is like a train which must make its run</l>
					<l>whether or not it has revenue passengers aboard.</l>
					<l>At page 284: Here will be found a statement of restrictive rules</l>
					<l>and regulations of unions rendering it impossible to operate on a</l>
					<l>6-hour basis because of inherent difficulties in regard to news and</l>
					<l>advertising.</l>
					<l>At page 285:</l>
					<l>The act would inevitably result in decreased employment in the newspaper¬</l>
					<l>publishing industry.</l>
					<l>At page 295:</l>
					<l>We predict that if it becomes a law, hundreds of thousands of man-hours of</l>
					<l>now available employment in this industry will cease to exist because of the</l>
					<l>number of daily newspapers which cannot survive and because of the number</l>
					<l>of editions which, of necessity, will be discontinued.</l>
					<l>MANY OF THE FOREGOING WITNESSES GAVE EVIDENCE TENDING TO</l>
					<l>SHOW THE NECESSARY CURTAILMENT OF EXPORTS AND INCREASE</l>
					<l>OF IMPORTS, WITH CONSEQUENT REDUCTION OF WORKERS IN DO¬</l>
					<l>MESTIC ENTERPRISES WHICH THE 30-HOUR BILL WOULD CAUSE</l>
					<l>We point to only a few of them as typical:</l>
					<l>At page 396: Ralph E. Flanders, president Jones &amp; Lamson</l>
					<l>Machine Co., Springfield, Vt.:</l>
					<l>Owing to the fact that our type of industry, which is a capital-goods industry</l>
					<l>has had practically no demand in this country for vears, we have been forced to</l>
					<l>cultivate our foreign markets to the limit of our ability, and have been sustained</l>
					<l>by them. The employment that our men had has been nearly 75 percent on</l>
					<l>account of foreign orders in the last 4 years, and any increase in the cost of those</l>
					<l>goods at that time, and at the present time, would make a very serious difficulty</l>
					<l>in the way of our continuing to sell abroad.</l>
					<l>The situation at the present time is more nearly on a cost basis of comparison</l>
					<l>of prices than it has ever been before.</l>
					<l>The proposals would call for a one-third increase in the wage rate. That</l>
					<l>would mean one-third increase in labor cost to us, because the 40-hour week is</l>
					<l>already so low compared to what workers are used to that they are fresh at the</l>
					<l>end of the day. That is, there is no advantage, such as we have had in time past,</l>
					<l>in going from 60 hours a week, as I used to work when I was a boy, down to 50</l>
					<l>hours a week, whereby you got in a larger number of fresh hours a day and</l>
					<l>increased the output.</l>
					<l>The men are now fresh at 40 hours. There would be no increase in output.</l>
					<l>There would be an added 33½ percent in wage rate, which in our case would make</l>
					<l>directly a certain increase of about 12 to 15 percent in cost, and, indirectly, as 1</l>
					<l>described, a much larger one because everything we buy would be correspondingly</l>
					<l>increased in cost.</l>
					<l>At page 413: The Consumers’ Goods Industries Committee:</l>
					<l>Effect on foreign trade.—Again the Government is struggling to promote our</l>
					<l>foreign trade. This bill would practically exclude us from the export markets</l>
					<l>of the world. How could we compete with Japan—or even Europe?</l>
					<l>Moreover, it would seriously hamper the domestic producer in competition</l>
					<l>with the importer. The tariffs have been established with a view to equalizing</l>
					<l>labor costs and protecting the American manufacturer against cheaper labor</l>
					<l>abroad. This tariff equalization would no longer be effective if labor costs to</l>
				</lg>
			</p>
			<pb n='22'/>
			<p>
				<lg>
					<l>20</l>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>the American manufacturer were arbitrarily, by Government fiat, suddenly</l>
					<l>increased one-third. This country is already Japan’s largest customer—larger</l>
					<l>even than China—with 400,000,000 people, or India with 300,000,000.</l>
					<l>It is true that the Connery bill in the House pretends to make provision to</l>
					<l>equalize this disadvantage, but the means suggested would be utterly ineffective</l>
					<l>to that end.</l>
					<l>I. THE BILL IS INCOMPATIBLE WITH A FREE GOVERNMENT</l>
					<l>It is contrary to natural right.</l>
					<l>The pursuit of happiness, which involves freedom to exercise</l>
					<l>one’s spirit, intelligence, and skill, was one of the natural rights</l>
					<l>proclaimed in the Declaration of Independence.</l>
					<l>Another natural right is equality of treatment by government.</l>
					<l>The bill would curtail the liberty of workers to sell their services, to</l>
					<l>increase their productivity, to improve their standard of living;</l>
					<l>whereas, it would leave unhampered by its direct prohibitions</l>
					<l>“officers, executives, and superintendents and their personal and</l>
					<l>immediate clerical assistants.</l>
					<l>The bill is in direct contradiction of the American theory of Gov-</l>
					<l>ernment:</l>
					<l>We hold these truths to be self-evident, that all men are created equal, that</l>
					<l>they are endowed by their Creator with certain unalienable rights, that among</l>
					<l>these are life, liberty, and the pursuit of happiness. That to secure these rights,</l>
					<l>governments are instituted among men, deriving their just powers from the</l>
					<l>consent of the governed.</l>
					<l>-Declaration of Independence.</l>
					<l>This bill is unnatural because it proposes to convert the lawful acts</l>
					<l>of employment and service into misdemeanors and punishable offenses.</l>
					<l>In this respect it discriminates between citizens holding one man</l>
					<l>guilty and another man honest though each does the same thing,</l>
					<l>namely: Work, contract.</l>
					<l>The bill proposes to destroy the natural independence and dignity</l>
					<l>of labor; it discourages self-discipline, self-government, self-improve-</l>
					<l>ment. It proposes to flatten out on a lower level or standard than</l>
					<l>now exists the entire body of labor universally throughout the United</l>
					<l>States.</l>
					<l>It is wholly inconsistent with the democracy of labor and the right</l>
					<l>of bargaining, collectively and otherwise.</l>
					<l>The penalty for this drastic violation of the principles upon which</l>
					<l>a free Government was founded would inevitably be suffered.</l>
					<l>Many of the foregoing witnesses referred to this. We cite only the</l>
					<l>following:</l>
					<l>G. W. Dyer, The Southern Industrial Council, (hearings, p. 352):</l>
					<l>At page 355:</l>
					<l>This bill provides for an all powerful boycotting system to punish and destroy</l>
					<l>indirectly those that it cannot reach directly for the crime of exercising what are</l>
					<l>conceded to be constitutional rights. If a factory, shop, hotel, or other business</l>
					<l>enterprise not engaged in interstate commerce does not conform to the mandates</l>
					<l>of Congress, the Federal Government, through all of its agencies is ordered to</l>
					<l>boycott such enterprise in every way possible. Government agencies are not</l>
					<l>permitted to patronize such business concerns. The Government must refuse to</l>
					<l>make any loans to such enterprise and must refuse to renew any loans made.</l>
					<l>Not only is it a boycott, but it makes everybody that does any business with the</l>
					<l>Government line up and destroy people who are doing nothing but exercising</l>
					<l>their constitutional rights. I never heard of such a preposterous condition taken</l>
					<l>by any Government in the history of civilization. I would like somebody to point</l>
				</lg>
			</p>
			<pb n='23'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>21</l>
					<l>me to a single case where the Government has organized to boycott its own citi-</l>
					<l>zens for exercising their constitutional rights.</l>
					<l>The right of man to work and maintain his independence is one of the funda-</l>
					<l>mental human rights of civilization. This bill prohibits him from working suffi-</l>
					<l>ciently to maintain himself. If he works 6 hours and cannot make a living he is</l>
					<l>not allowed to go on and continue and support himself.</l>
					<l>It was one of the inalienable rights made by Jefferson in the Declaration of</l>
					<l>Independence, the inalienable right of the pursuit of happiness. It is more</l>
					<l>fundamental then the right of suffrage or the right of free speech. I know of no</l>
					<l>government, civilized or uncivilized, that has denied to its citizens this funda-</l>
					<l>mental right.</l>
					<l>3. IT AtrePrS ro EeRIse Powers Nor Vesre IN CONGReSs</l>
					<l>The bill establishes a Federal monopoly of labor.</l>
					<l>It deals with intrastate production. It attempts to establish</l>
					<l>control over services performed wholly within State boundaries in</l>
					<l>local domestic transactions which are not commerce.</l>
					<l>The embargo on interstate and foreign commerce provided for in</l>
					<l>the bill is merely an element of force and coercion to be used with</l>
					<l>boycott by the Government or any department or organization</l>
					<l>thereof, with boycott by contractors for public works, with forfeiture</l>
					<l>of loans and loan privileges, with impairment of contracts, and with</l>
					<l>fines and imprisonments, to implement the monopoly of labor created</l>
					<l>by the bill.</l>
					<l>The bill does not regulate interstate commerce, it prohibits inter-</l>
					<l>state commerce.</l>
					<l>The individual it acts upon is not an instrumentality of commerce.</l>
					<l>The article that it proscribes has no taint in it of fraud, unwhole¬</l>
					<l>someness or other element injurious to commerce.</l>
					<l>The bill usurps powers reserved to the several States exclusively to</l>
					<l>regulate their social and economic standards and to exercise the police</l>
					<l>power over domestic and local business.</l>
					<l>DECISIONS</l>
					<l>Since the hearings on this bill were closed, United States Circuit</l>
					<l>Judge Charles B. Ferris, sitting as a district judge, ruled expressly</l>
					<l>on this question.</l>
					<l>According to the United Press, he held that Congress has no power</l>
					<l>to fix wages and hours for intrastate business.</l>
					<l>The ruling denied the Federal Government’s petition for a tem-</l>
					<l>porary injunction to prevent the National Garment Co. and the</l>
					<l>National Underwear Corporation, both of St. Louis, from violating</l>
					<l>the N. R. A. code for the industry.</l>
					<l>The decision seems to parallel that of Federal Judge John P. Nields.</l>
					<l>of Delaware, in the Weirton Steel Co. case, in which the court ruled</l>
					<l>that the company’s relations with its employees did not affect inter-</l>
					<l>state commerce and were beyond the power of the Federal Govern-</l>
					<l>ment to regulate.</l>
					<l>Judge Ferris is quoted by the United Press as holding, among other</l>
					<l>things:</l>
					<l>* * * Since the cases ruled by the Supreme Court which I have cited and</l>
					<l>dozens of others which could be cited are clearly against the validity of a Federal</l>
					<l>law which fixes wages and hours of labor in a private and wholly intrastate busi¬</l>
					<l>ness, uncoupled with any public interest and, since I find myself wholly unable</l>
					<l>otherwise to construe these cases, as an inferior court I am bound to follow them.</l>
				</lg>
			</p>
			<pb n='24'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>22</l>
					<l>Neither a policy nor a whereas can add one jot or tittle of force or power to a</l>
					<l>legislative act when the organic law forbids or (in case of the Federal Constitu-</l>
					<l>tion) furnishes no warrant for the passage of the act.</l>
					<l>Also, since the hearings were closed, the Supreme Court of the</l>
					<l>United States in Baldwin, Commissioner, v. G. A. Seelig, Inc., and</l>
					<l>G. A. F. Seelig, Inc., v. Baldwin, Commissioner (604, 605 October</l>
					<l>term 1934, March 4, 1935), has redeclared the independence of the</l>
					<l>several States in respect to regulation of intrastate business.</l>
					<l>In these cases provisions of the New York Milk Control Act were</l>
					<l>held unconstitutional which undertook to prohibit the sale in New</l>
					<l>York of milk purchased in Vermont for less than the minimum price</l>
					<l>paid to the New York producers.</l>
					<l>Mr. Justice Cardozo delivered the opinion of the Court, which con-</l>
					<l>tained the following expression of the principle referred to, Opinion,</l>
					<l>p. 6:</l>
					<l>* * * Commerce between the States is burdened unduly when one State</l>
					<l>regulates by indirection the prices to be paid to producers in another, in the faith</l>
					<l>that augmentation of prices will lift up the level of economic welfare, and that</l>
					<l>this will stimulate the observance of sanitary requirements in the preparation of</l>
					<l>the product. The next step would be to condition importation upon proof of</l>
					<l>a satisfactory wage scale in factory or shop, or even upon proof of the profits of</l>
					<l>the business. Whatever relation there may be between earnings and sanitation</l>
					<l>is too remote and indirect to justify obstructions to the normal flow of commerce</l>
					<l>in its movement between States. Cf. Asbell v. Kansas, 209 U. S. 251, 256; Railroad</l>
					<l>Co. v. Husen, 95 U. S. 465, 472. One State may not put pressure of that sort</l>
					<l>upon others to reform their economic standards. If farmers or manufacturers</l>
					<l>in Vermont are abandoning farms or factories, or are failing to maintain them</l>
					<l>properly, the legislature of Vermont and not that of New York must supply the</l>
					<l>fitting remedy (p. 8).</l>
					<l>* * * Neither the power to tax nor the police power may be used by the</l>
					<l>State of destination with the aim and effect of establishing an economic barrier</l>
					<l>against competition with the products of another State or the labor of its residents.</l>
					<l>Restrictions so contrived are an unreasonable clog upon the mobility of com-</l>
					<l>merce (p. 9).</l>
					<l>* * * It isone thing for a State to exact adherence by an importer to fitting</l>
					<l>standards of sanitation before the products of the farm or factory may be sold in</l>
					<l>its markets. It is a very different thing to establish a wage scale or a scale of</l>
					<l>prices for use in other States, and to bar the sale of the products, whether in the</l>
					<l>original packages or in others, unless the scale has been observed.</l>
					<l>John B. Battle, executive secretary National Coal Association,</l>
					<l>pointed out that S. 87 attempts to exercise powers not vested in</l>
					<l>Congress (hearings, p. 157).</l>
					<l>At page 157:</l>
					<l>In 259 U. S. 355, the court used the following language:</l>
					<l>Coal mining is not interstate commerce, and the power of Congress does not</l>
					<l>extend to its regulation as such.</l>
					<l>Again, in 247 U. S. 251, 272, the court said:</l>
					<l>“The making of goods and the mining of coal are not commerce, nor does the</l>
					<l>fact that these things are to be afterward shipped or used in interests commerce</l>
					<l>make their production a part thereof.&apos;</l>
					<l>W. A. Wentworth, secretary dairy industry committee (hearings,</l>
					<l>p. 398).</l>
					<l>At page 401: Applied to S. 87, eight Federal Court decisions which</l>
					<l>have indicated the intrastate character of the business of processing</l>
					<l>milk and manufacturing butter, cheese, ice cream, and dry milk.</l>
					<l>These cases hold that Congress has no power to regulate such manu-</l>
					<l>facturing</l>
					<l>I might refer to those eight Federal court decisions by name. They are:</l>
					<l>Douglas v. Wallace, Oklahoma City, Okla.; Hillcrest Dairy v. Wallace, Des</l>
				</lg>
			</p>
			<pb n='25'/>
			<p>
				<lg>
					<l>23</l>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>Moines, Iowa; Greenwood Dairy v. Wallace, Indianapolis, Ind.; A Group</l>
					<l>Fifteen Dairies v. Wallace, Louisville, Ky.; Hill v. Darger, Keirtz v. Berdil, Los</l>
					<l>Angeles, Calif.; Edgewater Dairy v. Wallace, Chicago, III.; Royal Farms v. Wallace,</l>
					<l>Baltimore, Md.</l>
					<l>Those are very widely distributed, and two of them are particularly interesting</l>
					<l>because they involved intrastate business in competition with interstate business,</l>
					<l>Chicago and Baltimore being the two.</l>
					<l>James A. Emery, representing the National Association of Manu-</l>
					<l>facturers (list of associations in 30 States and other associations in</l>
					<l>larger cities) (hearings, pp. 223-224).</l>
					<l>At page 226: Mr. Emery pointed out the unusual form of criminal</l>
					<l>provisions making punishable the following:</l>
					<l>(1) Any violation of any provisions of this act.</l>
					<l>(2) Failure to comply with any requirement of the act.</l>
					<l>(3) Failure of any person to operate within the labor standards</l>
					<l>set up.</l>
					<l>(4) Failure to conform to any of the stipulations made by private</l>
					<l>contractors.</l>
					<l>(5) Failure to conform to requirements in applications for loans.</l>
					<l>(6) Failure to pay the principal upon the violation of any óf the</l>
					<l>labor standards.</l>
					<l>(7) Failure of any person to put into effect and operation the pro-</l>
					<l>visions of the law.</l>
					<l>(8) Performance of voluntary agreements heretofore made with</l>
					<l>the President.</l>
					<l>(9) Reducing directly or indirectly any daily or weekly wage which</l>
					<l>is in existence at the date of approval of the act.</l>
					<l>* * * It would be an arbitrary discrimination if they are setting up a con-</l>
					<l>trol and a regulation of hours of labor which they do not apply to themselves,</l>
					<l>although the law requires it of the six enumerated types of industry.</l>
					<l>At page 228:</l>
					<l>* * * Any carrier which receives it, whether by air, by water, by road, or</l>
					<l>by rail, equally violates the provisions of the act.</l>
					<l>If any of the commodities or articles which have been produced under the</l>
					<l>forbidden conditions get into the hands of distributors or wholesale or retail</l>
					<l>merchants, they may not in turn ship them in interstate or foreign commerce or</l>
					<l>* * *</l>
					<l>send them by mail,</l>
					<l>Again-</l>
					<l>* * * It may differ in no way from commodities which are produced in 31</l>
					<l>* *</l>
					<l>or 32 or 40 hours.</l>
					<l>You will take notice that the major loans that have been made are not being</l>
					<l>made to producing industries. They have been made to transportation indus-</l>
					<l>tries, insurance companies**</l>
					<l>At page 229:</l>
					<l>* * * A very arbitrary discrimination in the penalties which are provided</l>
					<l>*</l>
					<l>in relation to the use of Government credit,</l>
					<l>* * * It is not merely a limitation upon employers. It is a limitation</l>
					<l>upon all workers, since it restricts the credit of the contractors who are large</l>
					<l>* *</l>
					<l>employers of labor,</l>
					<l>* * * I call attention to the fact that the criminal features of the act</l>
					<l>operate not only against violators, but against those who fail to comply with its</l>
					<l>requirements. Any person who works more than the allotted time fails to</l>
					<l>comply with the requirements of the act. **</l>
					<l>* *</l>
					<l>There are something like 3,000,000 distributors in the United States.</l>
					<l>There are several hundred thousand forms of manufacturing. There is a vast</l>
					<l>network of transportation agencies. If this act were to be enforced every one</l>
					<l>* * *</l>
					<l>of them would be required to be subjected to some form of policing.</l>
				</lg>
			</p>
			<pb n='26'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>﻿24</l>
					<l>At page 230:</l>
					<l>*** They will apply today to some 25,000,000 persons engaged in</l>
					<l>employment in codified industries.</l>
					<l>At page 231:</l>
					<l>* * * There is no provision for overtime. No man can earn more than he</l>
					<l>can gain in 30 hours.</l>
					<l>At page 232:</l>
					<l>* * * The right to engage in interstate or foreign commerce is derived</l>
					<l>nót from Congress, nor from the Constitution, but that it existed before the</l>
					<l>Constitution came into existence.</l>
					<l>At page 233: Gibbons v. Ogden (9 Wheat.):</l>
					<l>In pursuing this inquiry at the bar, it has been said that the Constitution does</l>
					<l>not confer the right of intercourse between States, and states that right derives</l>
					<l>its source from those laws whose authority is acknowledged by civilized man</l>
					<l>throughout the world. This is true. The Constitution found it an existing right</l>
					<l>and gave to Congress the power to regulate it.</l>
					<l>At page 232:</l>
					<l>The purpose of the grant by the people and the States to Congress of the</l>
					<l>authority to regulate commerce was to preserve and promote intercourse between</l>
					<l>the States and between the people. It was not to hinder or destroy it.</l>
					<l>The Articles of Confederation attempted to preserve intercourse between the</l>
					<l>States in behalf of all the citizens. It was the failure to enforce that right that</l>
					<l>led***</l>
					<l>to the convention which formulated the Constitution of the</l>
					<l>United States.</l>
					<l>At page 235:</l>
					<l>*** The bill*** is in itself a regulation not of commerce, but of</l>
					<l>production upon its face.</l>
					<l>It has been said over and over again by the Supreme Court of the United</l>
					<l>States, not upon one occasion, but upon dozens of occasions, that the mining of</l>
					<l>coal, the mining of oil, the manufacture of goods, the construction of houses, are</l>
					<l>not “commerce”, but are acts of production which cannot be regulated by the</l>
					<l>Congress under commerce power, that any endeavor to do so is an attempt to</l>
					<l>exercise a power which Congress does not possess.</l>
					<l>Child Labor Taxation case, Bailey v. Drexel Furniture Co. (259 U. S. 47):</l>
					<l>* * * The court set aside the exercise of the taxing power as a plain endeavor</l>
					<l>to exercise one power under the guise of exercising another.</l>
					<l>Delaware, Lackawanna &amp; Western Railroad Co. v. Yurkonis (278 U. S. 439):</l>
					<l>Where a man was engaged in shifting coal from a mine into a car destined for</l>
					<l>interstate commerce.</l>
					<l>The court held that the man was not engaged</l>
					<l>in interstate commerce.</l>
					<l>At page 236:</l>
					<l>* * * In this</l>
					<l>McClosky v. Merriville &amp; Northern Railroad (243 U. S. 96):</l>
					<l>case the endeavor was made to recover under a Federal Employees’ Liability Act,</l>
					<l>on the ground that a lumber company operating a short railroad line to the</l>
					<l>Puget Sound in Washington State was engaged in interstate commerce, because</l>
					<l>the logs carried over its railroad were about to enter interstate commerce. Re¬</l>
					<l>covery was denied, on the ground that the company was not engaged in inter-</l>
					<l>state commerce.</l>
					<l>Coe v. Errol (116 U. S. 517): Where a lumberman in New Hampshire was</l>
					<l>preparing his logs for shipment and floating them down the river, and the log</l>
					<l>raft was tied up at the town of Errol, and the town undertook to tax the logs.</l>
					<l>* * *</l>
					<l>Had not become a part of commerce**</l>
					<l>United Mine Workers of America v. Coronado Coal Co. (269 U. S. 344):*</l>
					<l>There was a question involved as to whether or not a local union engaging in a</l>
					<l>strike and tying up the operation of a coal mine was, by obstructing the produc-</l>
					<l>tion of coal, engaged in restricting interstate commerce. The court said it was</l>
					<l>not; * * * The court said: “As long as there is restraint only on coal in</l>
					<l>that vicinity it has no relation to interstate commerce, because coal mining is</l>
					<l>* *</l>
					<l>not commerce. It is production,</l>
				</lg>
			</p>
			<pb n='27'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>25</l>
					<l>In Anderson v. Ship Owners’ Association (272 U. S. 359), the court said:</l>
					<l>“Neither the making of goods nor the mining of coal is commerce; and the fact</l>
					<l>that the things produced are afterwards shipped or used in interstate commerce,</l>
					<l>does not make their production a part of it.</l>
					<l>At page 237:</l>
					<l>* * *</l>
					<l>There was a</l>
					<l>United Leather Workers v. Herkert (265 U. S. 457):</l>
					<l>* * *</l>
					<l>The court pointed out that it</l>
					<l>strike of leather workers in St. Louis.</l>
					<l>was neither within the doctrine of “the flow of commerce”, nor was it a case in</l>
					<l>* * *</l>
					<l>which plainly the purpose and effect was to interfere with commerce itself.</l>
					<l>Crescent Cotton Oil Co. v. Mississippi (257 U. S. 129) * * * There a Ten¬</l>
					<l>nessee corporation was engaged in ginning cotton * * * When it endeavored</l>
					<l>to erect its gin in Mississippi it ran against the State law which fixed the size of</l>
					<l>the gin and required it to be in the same city or community in which the crushing</l>
					<l>* * *</l>
					<l>process went on.</l>
					<l>* * *</l>
					<l>The State undertook to sustain the act on the ground that the act</l>
					<l>of production against which it was directed was subject to regulation by the</l>
					<l>State, and that it was not engaged in interstate commerce. The Court sustained</l>
					<l>that view.</l>
					<l>At page 237:</l>
					<l>Hisler v. Thomas Colliery Co. (260 U. S. 245): * * * The coal company</l>
					<l>insisted that the levying of that tax at that time and under those conditions</l>
					<l>operated as an obstruction to the flow of commerce, since the coal was at the</l>
					<l>point at which it was about to enter commerce. The Supreme Court**</l>
					<l>upheld the tax on the ground that the coal was not in interstate commerce.</l>
					<l>At page 237:</l>
					<l>4*</l>
					<l>Illustrates the vital and funda¬</l>
					<l>Kidd v. Pearson (128 U. S. 20):</l>
					<l>mental distinction between the regulation of production and the regulation of</l>
					<l>commerce, preserving to the State the control of production and to Congress the</l>
					<l>control of the intercourse between the States.</l>
					<l>At page 238:</l>
					<l>* * * The Court said: “No distinction is more popular in the common</l>
					<l>mind or more clearly expressed in economic and political literature than that</l>
					<l>between manufactures and commerce.</l>
					<l></l>
					<l>i</l>
					<l>At page 239:</l>
					<l>In re Green (52 Fed. 113) which has been frequently quoted with approval by</l>
					<l>the Supreme Court: * * * “When the commerce begins, it is determined, not</l>
					<l>by the character of the commodity nor by the intention of the owner to transfer</l>
					<l>it to another State for sale, nor by his preparation of it for transportation, but</l>
					<l>by its actual delivery to a common carrier for transportation, on the actual</l>
					<l>commencement of its transfer to another State.</l>
					<l>At page 239:</l>
					<l>Willoughby’s work on the Constitutión (p. 774)</l>
					<l>*** *</l>
					<l>That commodities are manufactured with the intent that they are</l>
					<l>to be exported, in part or in whole, is absolutely immaterial, as determining the</l>
					<l>exclusiveness of State authority over their production (Coe v. Erroll, 116 U. S.</l>
					<l>517).</l>
					<l>At page 240:</l>
					<l>Then, in order to bring this matter up to date, I have before me here decisions</l>
					<l>of 13 courts of the United States involving operations under the N. I. R. A.</l>
					<l>which follow the line of authorities which I discussed this morning and which</l>
					<l>present to you the picture of the Federal district courts applying the principles</l>
					<l>which I enunciated between December 21, 1933, and December 21, 1934.</l>
					<l>At page 240: Purvis v. Bazemore, United States District Court,</l>
					<l>Southern District of Florida, December 2, 1933. (Pressing, cleaning,</l>
					<l>and dyeing of clothes not interstate commerce.)</l>
					<l>At page 240: United States v. Suburban Motor Service Corporation,</l>
					<l>U. S. D. C., Northern District of Illinois, February 10, 1934. (Pe-</l>
					<l>troleum Code invalid as applied to retailer.)</l>
				</lg>
			</p>
			<pb n='28'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>﻿26</l>
					<l>At page 240: Panama Refining Co. v. Ryan, U. S. D. C., Eastern</l>
					<l>District of Texas, February 12, 1934. (Oil production, like mining,</l>
					<l>not interstate commerce.</l>
					<l>At page 240: United States v. Bob Lieto, U. S. D. C., Northern</l>
					<l>District of Texas, February 16, 1934. (Wages and hours of an em-</l>
					<l>ployee not subject to Federal regulation.</l>
					<l>At page 241: Hart Coal Corporation v. Sparks, U. S. D. C., Western</l>
					<l>District of Kentucky, May 19, 1934. (Injunction from prosecuting</l>
					<l>for violation of minimum wage provisions.)</l>
					<l>At page 241: Irma Hat Co. v. Retail Code Authority, U. S. D. C.,</l>
					<l>Northern District of Illinois, July 31, 1934. (Retail trade beyond</l>
					<l>regulatory power of Federal Government.)</l>
					<l>At page 241: United States v. Gearhart, U.S.D. C. of Colorado, August</l>
					<l>8, 1934. (Production and sale of coal within borders of one State</l>
					<l>not interstate commerce. Minimum price provisions not effective.)</l>
					<l>At page 241: United States v. Eason Oil Co., U. S. D. C., Western</l>
					<l>District of Oklahoma, September 22, 1934. (N. R. A. unconstitu-</l>
					<l>tional.) United States v. Belcher, U. S. D. C., Northern District of</l>
					<l>Alabama, October 31, 1934 (N. I. R. A. unconstitutional and Lumber</l>
					<l>Code invalid).</l>
					<l>At page 241: United States v. Kinnebrew Motor Co., United States</l>
					<l>District Court, Western District of Oklahoma, November 12, 1934.</l>
					<l>(Sales of second-hand automobiles not within power of Congress to</l>
					<l>regulate.)</l>
					<l>At page 242: United States v. Sutherland, United States District</l>
					<l>Court, Western District of Missouri, December 7, 1934. (N. I. R. A.</l>
					<l>not valid as to retail lumber merchant.)</l>
					<l>At page 242: United States v. Rogles, United States District Court,</l>
					<l>Eastemn District of Missouri, January 24, 1935. (Retailing of coal not</l>
					<l>within Federal control.)</l>
					<l>At page 242: Table Supply Stores, Inc. v. Hawking, United States</l>
					<l>District Court, Southern District of Florida, January 23, 1935.</l>
					<l>(Local merchant not liable for failure to pay minimum wages.)</l>
					<l>At page 242: United States Electric Coal Co. v. Rice, United States</l>
					<l>District Court, Eastemn District of Illinois, December 21, 1934.</l>
					<l>(Mining coal wholly intrastate.</l>
					<l>At page 243: Champlain Refining Co. v. Corporation Commission of</l>
					<l>Oklahoma (268 U. S. 235). (Regulation of the extraction of oil for</l>
					<l>a State conservation Commission to prevent waste within State.</l>
					<l>The Supreme Court held that this was entirely within the authority</l>
					<l>of the State.)</l>
					<l>At page 243: Edilman v. Boeing Air Transport Lines (289 U. S.</l>
					<l>249). (The taking of gas from a tank and placing it in an airplane</l>
					<l>at an airport a wholly local transaction.)</l>
					<l>At page 243: Utah Power &amp; Light Co. v. Pfost (286 U. S. 165).</l>
					<l>(Kilowatt tax by State of Idaho sustained as an act of manufacture,</l>
					<l>though the energy flowed from Idaho into Utah.)</l>
					<l>FOLLOWING CASES ILLUSTRATE THE PRINCIPLE THAT CONGRESS MAY</l>
					<l>NOT EXCLUDE FROM COMMERCE ANY ARTICLE OR COMMODITY IRRE¬</l>
					<l>SPECTIVE OF ITS NATURE EXCEPT IT BE PRODUCED UNDER SUCH</l>
					<l>TERMS AS CONGRESS REQUIRES</l>
					<l>At page 244: In Hammer v. Dagenhart (247 U. S. 251), commonly</l>
					<l>known as the “Child Labor Case , Congress undertook to deny</l>
				</lg>
			</p>
			<pb n='29'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>27</l>
					<l>transportation in interstate and foreign commerce to goods produced</l>
					<l>by the labor of persons of a fixed age and working more than a certain</l>
					<l>number of hours, or between certain hours of the day.</l>
					<l>At page 245:</l>
					<l>* * * But it is insisted that adjudged cases in this Court establish the</l>
					<l>doctrine that the power to regulate given to Congress incidentally includes the</l>
					<l>authority to prohibit the movement of ordinary commodities, and therefore that</l>
					<l>the subject is not open for discussion. The cases demonstrate the contrary.</l>
					<l>And the minority of the Court dissenting through Mr. Justice</l>
					<l>Holmes held:</l>
					<l>The objection urged against the power is that the States have exclusive control</l>
					<l>over their method of production, and there Congress cannot meddle with them</l>
					<l>and, taking the proposition in the sense of direct intermeddling, I agree to it and</l>
					<l>suppose that no one denies it.</l>
					<l>At page 245: Bailey v. Drexel Furniture Co. (259 U. S. 20), com-</l>
					<l>monly known as the Child labor tax case”, attempted to accomplish</l>
					<l>the same end as the above case through another coercive power,</l>
					<l>namely taxation, the Court held:</l>
					<l>Yet when Congress threatened to stop interstate commerce in ordinary and</l>
					<l>necessary commodities, unobjectionable as subjects of transportation, and to denv</l>
					<l>the same to the people of a State in order to coerce them into compliance with</l>
					<l>Congress’ regulation of State’s concerns, the Court said this was not in fact regula-</l>
					<l>tion of interstate, but rather that of State concerns and was invalid (referring to</l>
					<l>the Dagenhart case).</l>
					<l>At page 246:</l>
					<l>So here the so-called “tax” is a penalty to coerce people of a State to act as</l>
					<l>Congress wishes them to act in respect of a matter completely the business of a</l>
					<l>State government under the Federal Constitution.</l>
					<l>Mr. Emery discussed section 4 of the resolution and pointed out</l>
					<l>that the arbitrary restriction of contract amounted to a taking of</l>
					<l>property without due process of law:</l>
					<l>What has happened here is that the earning power of every citizen of the United</l>
					<l>States is limited to the amount that he may be permitted to earn within a fixed</l>
					<l>* *</l>
					<l>period of time.</l>
					<l>At page 250: Wolff v. Kansas Court of Industrial Relations (262</l>
					<l>U. S. 522), and Dorchy v. Kansas (262 U. S. 286), held it to be a denial</l>
					<l>of the due process of law to compel the arbitration of differences</l>
					<l>resulting from disputes over wages and hours.</l>
					<l>This was because it arbitrarily took from both parties the right to</l>
					<l>make their contract with each other.</l>
					<l>Pamphlets and charts, numerous letters, and several petitions by</l>
					<l>workmen (exhibits not printed) tend to show that unemployment</l>
					<l>would be aggravated, and recovery impeded by the enactment of</l>
					<l>the bill.</l>
					<l>CONCLUSION</l>
					<l>The effect of inadequate employment recovery during the limita-</l>
					<l>tions of hours under the N. R. A. admitted by the proponents of the</l>
					<l>bill (hearings, pp. 42, 57, 61) is to discredit the theory of the pending</l>
					<l>bill that more drastic and rigid limitations would excite business</l>
					<l>activity and create jobs. The rational deduction is that more limita-</l>
					<l>tions would cause more unemployment.</l>
					<l>The inexorable laws of nature requiring flexible hours of service for</l>
					<l>perishable and seasonal products, and requiring obedience to human</l>
				</lg>
			</p>
			<pb n='30'/>
			<p>
				<lg>
					<l>THIRTY-HOUR WORK WEEK</l>
					<l>28</l>
					<l>characteristics, individually and in families, and to human capacity</l>
					<l>and qualifications, which hinder transfers from one occupation to</l>
					<l>another and from one section to another, render the theory of the bill</l>
					<l>impractical.</l>
					<l>The economic certainty of the sequence of frozen time and wages,</l>
					<l>increased costs and prices, lower real wages and less purchasing power,</l>
					<l>diminished volume of production and sale, reduced business activity</l>
					<l>and increased idleness with lower standards of living, ought to prevent</l>
					<l>the enactment of this bill.</l>
					<l>The fundamental conflict of statutory control of the workman, with</l>
					<l>his freedom to contract and his equality of right to pursue happiness</l>
					<l>through the exercise of spirit, mind, and body calls for protection by</l>
					<l>Congress of the workman against such a statute as this.</l>
					<l>Finally, all Americans are entitled to have Congress govern itself</l>
					<l>to the extent of refraining from the passage of this act which so</l>
					<l>obviously violates the rights of citizens of the several States; to have</l>
					<l>their own States regulate intrastate production and commerce, to be</l>
					<l>secure in the ownership and possession of their property, and to be</l>
					<l>free from fear of confiscation, embargo, boycott, forfeiture, impair-</l>
					<l>ment of contract, and of fines and imprisonment, for transacting law-</l>
					<l>ful business in a lawful way.</l>
					<l>We recommend that S. 87 be not passed.</l>
					<l>WARREN R. AUSTIN.</l>
					<l>We have read the report and concur in the recommendation.</l>
					<l>DANIEL O. HASTINGS.</l>
					<l>EDWARD R. BURKE.</l>
				</lg>
			</p>
		</body>
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</TEI>
