Naturally this notice in the paper gave me the information that this was to be a public meeting. I was met at the hotel by the local union officials, and they took me over to the high school. On the platform were Mr. Charles Groman, attorney from Mason City, Iowa, Mr. Wayne Elliott, business agent of the Jacob E. Decker & Sons Company Local Union in Mason City, and Mr. Joe Weber, assistant director of the Farm Implement Workers Organizing Committee. Mr. Elliott made some introductory remarks, and then called on Mr. Groman. Mr. Groman, who acts as attorney for both the A. F. of L. and the C. I. O., made some general remarks in regard to unionization, and after he had completed his address, I was called on to explain the Wagner Act.

I notice in Senator Gillette's letter he quotes from a letter which he has received, which states: "This meeting was addressed by one Herbert Vogt, who informed the gathering that he was a representative of the National Labor Relations Board, with an office in the Post Office Building in Minneapolis, Minnesota, and that he was taking an active part in the effort to secure organization for the C. I. O."

This particular statement is not entirely correct. It is true that when I started my address, I did inform the gathering that I was a representative of the Federal Government, representing the National Labor Relations Board in the State of Iowa because I was a field examiner and the State of Iowa was in the Eighteenth Region, with its headquarters in the New Post Office, Minneapolis, Minnesota. The reason I put emphasis on this matter was so that the audience would know I was not interested in one or the other organization, that men could belong to any organization they saw fit, that the law gave them that right, and that I was giving them this information so they might not feel I was a representative of any union or organization.

Then I proceeded to point out a misstatement that had been made by one Weston E. Jones in a letter to a newspaper, in which he stated: "In my opinion the Wagner Act provides the most hours to be worked but not the least." I pointed out to the group that the Wagner Act in no way had anything to do with the number of hours an employee had to work; that the Fair Standard Wage & Hour Bill was the one that covered that particular point.

Then, after making that clear, I proceeded to explain Section 7, Section 8, and Section 9. I did not make, nor do I recall making, any statement in which I said that I was interested in securing organization for the C. I. O.

I wish to submit for your information four newspaper articles which seem to cover the situation in question. Let me draw to your attention the fact that two of the newspaper articles appeared in newspapers that are anything but friendly to labor, and the other two are friendly to labor. One, the Mason City News, is an independent labor paper in existence at Mason City for the benefit of both the A. F. of L. and the C. I. O. The other labor paper is, pure and simple, a C. I. O. newspaper. In order that you may know what these articles contained, I am attaching herewith to my report photostatic copies of them, which you may want to forward to the Board.

I might state in passing that had I made any such remark as is attributed to me (that I was taking an active part in the effort to secure organization for the C. I. O.), the newspapers which are unfriendly to labor would have made that a headline, because that would have been real news to anyone that has any news sense to have a Federal employee who administers the Act come out flatfooted at a public meeting and make such a statement,-and there is no doubt in my mind that that would have been the headline rather than the headlines that you see in the photostatic copies.

I have taken the liberty of stating to the people who appeared on the platform with me on February 10 the contents of Senator Gillette's quotation from the letter which he received, and they informed me that they would write a letter to the Regional Office explaining the activities of the evening, so you should be in receipt of these letters at an early date.

I think these newspaper articles that I have submitted to you with this report are sufficient to answer Senator Gillette's letter, but if you wish further information or data, I will be only to happy to secure it for you.

With kindest regards, I remain

As ever,

HJV: lb

Att. 4

HERBERT VOGT.

EXHIBIT NO. 1323

INTER-OFFICE COMMUNICATION

NATIONAL LABOR RELATIONS BOARD

To: J. Warren Madden, Chairman.

Date: Feb. 28th, 1939.

From: Jas. M. Shields, Acting Director, 18th Reg.
Subject:

DEAR MR. MADDEN: Your communication of Feb. 17th, addressed to Mr. Wiener, asking him to investigate an alleged statement by Herbert J. Vogt, Field Examiner, referred to in a letter to you from Senator Gillette, was received after Mr. Wiener had left on his vacation. As Acting Director in his absence I immediately got in touch with Mr. Vogt, informed him of the correspondence, and asked that he prepare a statement for me.

I am enclosing herewith Mr. Vogt's reply, including photostat copies of newspaper reports of the meeting held at Charles City, Iowa on February 10th, 1939, at which Mr. Vogt spoke and is alleged to have made the statements referred to by Senator Gillette. I am also enclosing letters received from other persons occupying the platform at that meeting covering the matter in question.

I am quite convinced personally, from these documents and from my conversation with Mr. Vogt, that no such statements as reported to the Senator were made by him.

I hope that this report and enclosures will be sufficient to clarify the matter. If you feel that further investigation should be made, either by myself personally, or by Mr. Wiener on his return, I am sure this can be done promptly.

1024 East Hanson Street, Mitchell, South Dakota.

DEAR MR. VOGT: The writer will have the good fortune of being in your city on March 10, and will be staying at the Widmann Hotel, and will love to have the privilege of meeting you and any and all union leaders of your community or communities adjoining your city.

You may have some questions that you would like to have answered regarding the Wagner Act, which the writer will be ready and willing to answer if possible. With kindest regards, I remain

Respectfully yours,

HJV: lb

HERBERT J. VOGT, Field Examiner.

EXHIBIT NO. 1325

[Copy]

TRI-CITY LABOR CONGRESS

Of Clinton and Lyons, Iowa, and Fulton, Illinois

Affiliated with the American Federation of Labor and Iowa State Federation of

Mr. W. J. WEINER

Minneapolis, Minn.

Labor

CLINTON, IOWA, March 1, 1939.

DEAR SIR: At our last meeting, February, 27th., I was instructed to write to you in regard to certain charges which had been brought against Mr. Vogt, who is under your office.

It has been reported to us that Mr. Vogt has been accused of doing organizing work, which as we understand is contrary to the duties of his position.

To the best of our knowledge, and most certainly in all of our contacts with him here, and there has been quite a few we know he is wrongly accused.

Mr. Vogt has attended meetings and has explained the Nationals Labor Relations Act, but at no time has he ever tried to induce anyone to join an organization.

We sincerely hope that Mr. Vogt will be cleared of these charges, so that he may continue the good work.

Yours respectfully

Regional Director, National Labor Relations Board,

New Post Office Bldg., Minneapolis, Minn. DEAR DIRECTOR WIENER: I am enclosing herewith, carbon of a letter sent today to Sen. Guy M. Gillette, in re- Herbert Vogt.

Similar letters also went to Sen. Clyde Herring and to Rep. William Jacobsen. I am not clear as to whether they can be of assistance in the case, but felt no harm could be done by making our position clear.

I trust the matter will speedily be straightened out to the entire satisfaction of your office, and of Mr. Vogt himself.

DEAR SENATOR GILLETTE: It has come to the attention of the executive board of Federal Labor Union #20878, representing more than four hundred members, that charges have been filed with you against the activities of Mr. Herbert Vogt, field representative of the N. L. R. B. in this district.

They have instructed us to notify you that these charges do not ring true with our experience with him, or with our judgment of his character.

He was assigned to make the preliminary arrangements and to conduct the election to determine the bargaining agency in our plant and we got to know him rather well. He was invited to address one of our regular meetings and did so, explaining the Wagner Act.

At all times he conducted himself with propriety and dignity, discharging the duties of his office in a businesslike manner which commanded the respect of management and union alike.

We suspect that in the present complaint, the wish may have been father to the thought. Certainly reactionary elements are leaving no stone unturned to discredit and destroy the effectiveness of the National Labor Relations Act. We sincerely trust that you will not be made an unwitting catspaw in this movement. Iowa Labor considers you its friend.

Also we hope that you will not be misled by any seeming demand for amendment of the National Labor Relations Act. We believe the rank and file of labor, A. F. of L. and C. I. O. alike wants the Act retained, unamended,

Sincerely,

(Signed)
(Signed)

GILBERT A. HOPKINS, President.
LEROY JONES, Cor. Sec.

Honorable GUY M. GILLETTE,

EXHIBIT NO. 1328

[Copy]

United States Senate, Washington, D. C.

MARCH 3, 1939.

DEAR SENATOR GILLETTE: I have inquired into the matter referred to in your letter to me of February 14th, and my reply to you of February 17th, relating to the participation of our Mr. Herbert Vogt in a meeting at Charles City, Iowa.

Mr. Vogt states that he did nothing at the meeting except to explain the National Labor Relations Act. He submits letters from responsible persons who attended the meeting, and the reports of all the newspapers which covered the meeting. I am sure that if Vogt had made a speech in favor of the C. I. O. the reporters would have noticed it and reported it.

Our staff people frequently appear before employer associations to explain the Act, as well as before labor groups. Much education is needed, and we see no impropriety in such appearances.

Will you please return the enclosed papers when you are through with them.
Sincerely yours,
J. WARREN MADDEN.

(1). I'm trying to keep up with my schedule but the train service around these parts are not any to good-You'll hear more about that in the future.

(2). As to names I have this tentative list to submit:

(1) Robert White artist-State Director WPA Iowa Federal Art Project Warnock Bldg., Sioux City, Iowa.

[O. K.]

(2) Earl B. Douglas active in guild.-Editor of "The Purple Heart" order of the Purple Heart. (a veterans organization), sioux City Journal, Sioux City, Iowa:

Vogt knows is 0. K.):

(3) Mayor David A. Loepp, Sioux City, Iowa.

[Very sympathetic (not contacted.)]

(4) Harold N. Sturgeon, City Safety Commissioner, Sioux City, Iowa, elected by labor.

[Strong for Act but not contacted.]

(5) Chas: M. Groman attorney at Law M. B. H Bldg., Mason City, Iowa.

[will testify]

(6) Leslie Wieklander Publisher & Editor, Mason City News Ind. labor paper, M B H Bldg., Mason City, Ia.

[will testify]

(7) Edward Newman, Pres. of L. I. U: 38 P W O E, 15th & Federal St., Mason City, Iowa.

(8) Adam Herbener, Pres. of Trade & Labor Assembly A F of L., Mason City, Iowa.

[Thinks would. O. K.]

(9) Mr. John D. Denison, State Librarian, 5302 Ingersoll, Des Moines, Iowa.

[Vogt does not know.

Highly recommended by Guild.]

(10) Rev Stoddard Lane, Plymouth Congregational Church. 505 Country Club. Blvd., Des Moines, Iowa.

Dan Harris recommends.

(11) Monsignor L. G. Ligutti, President National Catholic Rural Life Conference, Granger, Iowa.

[Good committeeman.]

(12) Rev. T. J. Pettit, 715 West 5th St., Boone, Iowa.
Reported O. K.]

(13) Rev. N. P. Orcutt, Carbon, Iowa.

[Reported O. K.]

(14) Professor Alfred L. Leverson, College of Liberal Arts Drake University, Des Moines, Iowa.

[Harris recommends.]

(15) Professor Payne, Simpson College, Indianola, Iowa.

[Committeeman.]

(16) Dr. E. W. Balduf, Director Des Moines Public Schools, Dept. of Adult Education, 629 3rd St., Des Moines, Iowa.

I got your memo this morning answering, item by item, all of my various and sundry communications. Many thanks, my lad!

In regard to the list of names sent, I am wondering if this entire list should be sent in to Washington "as is," or whether any additional contacting needs to be done. In that connection, may I quote the suggestions made in the document which I received:

"We should like to have you (1): Send us immediately the names of persons in the various categories suggested who have already expressed a readiness to testify; (2) interview prospective witnesses to ascertain what their attitude is toward the Act and Board amendments, and send us a report thereon as promptly as possible; (3) send us also, as promptly as possible, a list of such witnesses who definitely will appear at the hearing.

"Please suggest to prospective witnesses that they communicate with Senator Albert B. Thomas, Chairman of the United States Senate Committee on Education and Labor, Senate Office Building, Washington, D. C., informing him of their desire to testify, and also make certain that we are kept informed of each such communication."

I assume that witnesses would pay their own transportation. I am wondering if it is wise to send in some of the names you suggest, without contacting them on the definite question of their testimony. I am merely making this suggestion, bearing in mind that perhaps my telephone account was not clear.

While the situation is quite different here in Minnesota than it is in Iowa, I am hesitating sending in any names locally, except one or two about whom I am completely certain. Let me have your thought on this by return mail, if you will, as a prompt answer is requested from headquarters.

S/w

EXHIBIT NO. 1331

MARCH 29, 1939.

Confidential.

Mr. J. WARREN MADDEN,

National Labor Relations Board, Washington, D. C.

DEAR MR. MADDEN: Upon my return from my vacation, I read your memorandum addressed to me on February 17, 1939, regarding the letter which you had received from U. S. Senator Guy M. Gillette of the State of Iowa, pertaining to a letter he had received from a citizen of Charles City, Iowa, which stated that Examiner Vogt had addressed a group of individuals of the Oliver Equipment Company of Charles City, Iowa.