Testimony of Page 4147-4169 Dividson, Mapes, Washington, D. C.; trial examiner, National Labor 4102- 4104, 4130-4145 Fuchs, Herbert, Washington, D. C.; attorney, National Labor Rela- Halliday, Malcolm F., Silver Spring, Md.; associate general counsel in charge Trial Section, Litigation Division, National Labor Rela- Knapp, Lawrence A., Washington, D. C.; assistant general counsel in charge Enforcement Section, Litigation Division, National Labor Lubin, Isador, Washington, D. C.; Commissioner of Labor Statistics, 4105-4124 Madden, Joseph Warren, Washington, D. C.; Chairman, National 4085-4097 Rosenberg, Allen R., Washington, D. C.; legal assistant, National 4070-4085 NATIONAL LABOR RELATIONS ACT WEDNESDAY, FEBRUARY 28, 1940 HOUSE OF REPRESENTATIVES, SPECIAL COMMITTEE TO INVESTIGATE THE The committee met at 10:10 a. m., pursuant to adjournment on Friday, February 23, 1940, in room 362 of the Old House Office Building, Representative Howard W. Smith, chairman, presiding. Present: Representatives Howard W. Smith of Virginia, Arthur D. Healey of Massachusetts; Abe Murdock of Utah; Charles A. Halleck of Indiana; and Harry N. Routzohn of Ohio. Edmund M. Toland, general counsel of the committee. Charles Fahy, general counsel to the National Labor Relations Board. The CHAIRMAN. The committee will be in order. We would like to insert in the record the first thing: In connection with an incident relative to so-called lobbying activities on the part of the Board, I wrote to the Attorney General the day the question arose, and I am in receipt of a reply from him under date of February 23, and I have made a reply to that dated February 27, and I would like both letters to go into the record. Mr. TOLAND. Mr. Chairman, you want them printed, of course, as exhibits. The CHAIRMAN. I want them placed on the record at this point. (Communication from Robert H. Jackson to Hon. Howard W. Smith dated February 23, 1940, was received in evidence and marked "Exhibit No. 1085"; communication from Representative Howard Smith to Hon. Robert H. Jackson, dated February 27, 1940, was received in evidence and marked "Exhibit No. 1086." Both communications follow): Hon. HOWARD W. SMITH, EXHIBIT No. 1085 OFFICE OF THE ATTORNEY GENERAL, House of Representatives, Washington, D. C. MY DEAR MR. SMITH: I have your letter of February 13, asking if I could with propriety give your committee my opinion as to whether the testimony before the committee established a violation within the prohibition of United States Code, title 18, section 201. Almost from the beginning of the Government my predecessors have, with great unanimity, taken the position that the statutes prescribing the duties of the Attorney General do not authorize him to render opinions to the Congress or to its committee or Members. These statutes have not been substantially changed since 1789. As early as 1818, Attorney General Wirt, and as late as October 4, 1939, Attorney Gen |