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Testimony of

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Dividson, Mapes, Washington, D. C.; trial examiner, National Labor
Relations Board (resumed)
Emerson, Thomas R., Washington, D. C.; associate general counsel
in charge Review Section, National Labor Relations Board-

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4104, 4130-4145

Lubin, Isador, Washington, D. C.; Commissioner of Labor Statistics,
Department of Labor.-

4105-4124

Madden, Joseph Warren, Washington, D. C.; Chairman, National
Labor Relations Board (recalled).

4085-4097

Rosenberg, Allen R., Washington, D. C.; legal assistant, National
Labor Relations Board (resumed).

4070-4085

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NATIONAL LABOR RELATIONS ACT

WEDNESDAY, FEBRUARY 28, 1940

HOUSE OF REPRESENTATIVES,

SPECIAL COMMITTEE TO INVESTIGATE THE
NATIONAL LABOR RELATIONS BOARD,
Washington, D. C.

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,
Washington, D. C., February 23, 1940.

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

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