Monday, May. 08, 1939

Two Nice Men

When William Morris Leiserson was arbitrating labor rows in the disputatious garment industry, he used to say: "I give the decision to one side, but I give the language to the other." Last week the President nominated diplomatic William Leiserson to the National Labor Relations Board.

The man chosen to sweeten NLRB is a merry, contemplative cherub of 56. Now grey, paunchy and averse to all forms of physical effort, he worked his way through the University of Wisconsin by cooking flapjacks for the One-Minute Coffee Shop in Madison. Between cakes & coffee he absorbed the principles of economics and labor from Wisconsin's famed Professor John R. Commons. Later he taught economics at Antioch College, where his students called him "Uncle Billy." He has been a careerist in mediation and arbitration--for NRA, for the petroleum industry, finally (in 1934) for the railroads as chairman of the National Mediation Board. So good & fair at his calling is William Leiserson that he is often asked to mediate outside the railway field. In his last such important chore, ruling that messenger boys come under the Wage & Hour Law, he did not forget to butter up big Western Union and other complaining companies with kindly words.

NLRB and the Wagner Act sorely need a butter patter. Up to now, NLRB has applied a drastic statute so literally that it has accumulated a fine roster of enemies. By his own inclination and by instruction from the President, Dr. Leiserson proposes to continue literal enforcement of collective bargaining, minus the harsh words now characteristic of NLRB. If his placating presence fails to smooth down A. F. of L., Business and hostile Congressmen, the Administration may even enlarge NLRB, or as a last resort sacrifice Chairman Warren Madden and co-Member Edwin Smith in order to save the Wagner Act from ruinous amendments.

Dr. Leiserson replaces Donald Wakefield Smith who has had a recess appointment since his term expired last August. To replace William Leiserson on NMB, the President chose another man small in stature, large in repute: David John Lewis, the learned, lovable, little Maryland ex-Congressman who was used last year in a bitter and stupid effort to purge Senator Millard Tydings (TIME, Sept. 12, et seq.).* As a worthy favorite at 70, Davey Lewis was considered too old for arduous duty on NLRB, just right for the easier routine of a railway mediator.

*Senator Tydings muttered that 70-year-old Mr. Lewis is not capable enough for even the Mediation job, but he was not expected to fight confirmation. How capable Millard Tydings is was suggested by news last week from Pennsylvania. That commonwealth deducted $750,000 from the $7,457,798 net taxable estate of the late Henry W. Breyer (ice cream) to pay fees to counsel who saved the estate $6,447,988 in Federal estate taxes. Paid to Millard Tydings' law firm: $140,000.

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