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on it, that his doctor said that he absolutely could not get out of bed, so that is all that can be done when a person is ill.

Mr. McCann. Thank you very much, Mr. Marshal. That is all.

Mr. KEARNS. I would like to invite the union, if they have any data, any letters, or if they have any witness to present, or if you have heard of a qualified witness, so that we can give them an opportunity to testify. Do you have anything in your mind?

Mr. EMME. Nothing further to present at this time.

Mr. KEARNS. Mr. Counsel, I want to ask Mr. Archer to take the stand again.


(The witness was previously sworn.)
Mr. KEARNS. You were sworn ?
Mr. ARCHER. Yes, sir.

Mr. KEARNS. Mr. Archer, you have been here at all these hearings and heard all the witnesses. In your position as contractor for the orchestra at the Earl Carroll Theater-Restaurant, you are the person with whom Mr. MacQuarrie and Mr. Wallace would discuss matters of procedure with reference to the orchestra, rather than Mr. Strand, aren't you?

Mr. ARCHER. That is right.
Mr. KEARNS. In other words, you are the authentic representative?
Mr. ARCHER. Yes, sir.

Mr. KEARNS. You understand, as a congressional committee here, we are interested in things functioning just like we have to see the Government function, which is our job in Washington after we have been elected by the people, and I personally called you back on the stand for one reason, because in meeting you I think you are a good American. I am going to say the same thing to you I said to Mr. Carroll.

This country belongs to you and to all these other people here just as much as it does to me or anybody in Washington. It is your land and my land. And so, as one union member to another, I am going to suggest that you make a personal request, in your role as contractor, to settle this matter.

Mr. ARCHER. I surely will.
Mr. KEARNS. Thank you.

Mr. McCann. Mr. Chairman, I feel there ought to be a reference exhibit also from the orchestra pay roll that was taken from the books at Earl Carroll's; we will just take that for comparison purposes.

Mr. KEARNS. Any further witnesses?

Mr. McCann. None that I know of. I think we have questioned all of the witnesses that were subpenaed.

Any witnesses here that were subpenaed and have not been heard ? (No response.) Mr. KEARNS. I want to thank the marshal's office, and I also want to compliment the group that came to the hearing, because you were a good audience and you behaved very well.

So at this time I hereby adjourn this hearing subject to the call of the Chair at a date which will be announced sometime within 30 days.

(Whereupon, at 12:07 p. m., Thursday, June 19, 1947, the hearing was adjourned subject to call of the chairman.)



MONDAY, JULY 7, 1947



Washington, D.C. The subcommittee met at 10 a. m., the Honorable Carroll D. Kearns (chairman of the subcommittee) presiding; Hon. O. C. Fisher, of Texas, substituting for the Honorable Graham A. Barden, who was absent from the city.

Present also: Fred A. Hartley, Jr., chairman of the Committee on Education and Labor; Irving G. McCann, general counsel to the committee; and Joseph A. Padway, counsel for the American Federation of Musicians.

Chairman HARTLEY. The committee will come to order.

Before turning the gavel over to the chairman of the subcommittee making this investigation, as chairman of the House Committee on Education and Labor, I wish to make a brief statement.

Earlier this year, during the months of February and March, the full Committee on Education and Labor conducted hearings on proposed labor legislation.

During the course of these hearings there were certain allegations and charges of certain practices in certain unions which, if true, were contrary not only to the best interest of the members of those unions, but definitely contrary to the public interest.

Certain of those charges concerned Mr. James C. Petrillo and the American Federation of Musicians.

At that time I extended an invitation to Mr. Petrillo to testify before the full committee. He felt it best at that time not to testify, and I excused.

However, because of charges that were made against his union and its practices, and other charges, as I mentioned above, the powers of this committee were extended by House Resolution 111, and I, as chairman, was authorized to appoint certain subcommittees to make studies and investigations of the allegations that had been made.

This committee is the first to proceed under that resolution. Mr. Petrillo will be given a full and ample opportunity to answer questions and to give his side of this controversy.

The purpose of the investigation is to report to Congress, should the allegations prove to be true, and make whatever recommendations the subcommittee feels to be in order, and not only make recommendations to Congress, but, if necessary, to the Attorney General.

I will therefore step aside now and turn the chair over to Mr. Carroll Kearns, the chairman of the subcommittee.

Mr. KEARNS. Is Mr. James C. Petrillo in the room? If so, please come forward.

Mr. Petrillo, will you stand and take the oath? (James C. Petrillo was duly sworn.)

Mr. KEARNS. Mr. Petrillo, in having you come before this committee, I want you to understand fully the purpose of this hearing.

You have heard the statement made by the Honorable Fred A. Hartley, Jr., chairman of the House Committee on Education and Labor, that this hearing was proposed because of the complaints from all over the United States about the practices engaged in by you as president of the American Federation of Musicians.

I want to assure you as chairman of this subcommittee that my colleagues and I are here to have you answer questions pertaining to these so-called inequities or unfair practices covered by the complaints we have received from all sections of the United States prior to and during the first 212 months of our investigation.

Further, many of those making the complaints are sitting in this hall this morning. They will testify after we have questioned you pertaining to these alleged unfair practices by you and your federation.

It seems to me that it is only fair to you, Mr. Petrillo, and to the American Federation of Musicians, that I should review briefly some of the issues which will be considered by the committee at this hearing.

But, first, let me say that, while we are mindful of the fact that many of your past and present activities have been outlawed through the enactment of Public Law 101 of the Eightieth Congress and by the recent decision of the Supreme Court in the case of United States v. Petrillo, nevertheless, we shall receive evidence as to what has been done and is being done by you in order that the Congress may determine whether any additional legislation is necessary. So when we ask questions as to your past and present practices we are fully conscious that you may discontinue some of these practices in their present form. On the other hand, we recognize the fact that you may attempt to continue other practices because of the deficiencies in existing laws, and it is for that reason that we shall attempt to review existing unfair activities and practices indulged in by your federation.

It has been developed during our investigation that the American Federation of Musicians is so unique in its organization and operations that there is some doubt whether or not it is a regular labor union entitled to the protection and exemptions of our Federal statutes, such as the Norris-LaGuardia Act. From the complaints filed with this committee and the investigation which it has conducted, it appears that the American Federation of Musicians is distinctive from other labor unions in the following respects:

1. That the vast majority of its membership is composed of people who do not earn their entire livelihood as musicians. It has been estimated that not over 10 percent of your membership are employed exclusively as musicians.

2. In the average union, payments are made to its members for services actually rendered either on a piecework, hourly, daily, weekly, or monthly basis. The investigation of our committee indicates that your federation, by means of a strike, has forced the recording industry to pay approximately $2,000,000 as tribute to all of the members of your organization in order to secure the continued services of those members of your federation who were their employees and with whom they had no dispute over wages, hours, or working conditions.

3. That your federation, through the threat of strikes and boycotts, has required theater operators throughout the United States to employ stand-by orchestras for many movies, shows, or performances in which they did not need, want, or use these orchestras.

4. That your federation has dictated to the licensed broadcasters of the United States who are amenable to Federal laws and regulations the number of musicians which they should employ, the amount of money which they should spend for music, and has, in some instances, required them to employ musicians to render services which did not necessitate musical knowledge or talent to perform.

5. That you and the board of the American Federation of Musicians are engaged in a concerted effort to hold back the technological improvements in radio and in television. That you have denied the use of live music through the networks to FM broadcasting stations. That you have forced the movie industry to sign contracts denying the use of any sound track made by members of your federation to television.

6. That your federation has interfered with and restricted the inalienable right of the people of the United States to enjoy freedom of religion and education. Numerous complaints have been made to the effect that, by virtue of the monopoly which your federation exercises over the radio and recording companies of the United States, amateur musicians are denied the right to perform; churches must pay stand-by fees for organists; orchestras, bands, and choruses in many schools have been denied the right to broadcast, the service bands of the United States are denied the free right to make records; and the entire population of the United States is denied the right to enjoy the kind of music which they may desire to hear.

7. That your federation is a monopoly which exercises the power of licensing businesses, of licensing agents to do business with your members, which undertakes to circumvent the right of individuals to litigate in our courts, and autocratically determines the amount or amounts of money which must be paid by nonunion members to members of your organization.

8. That by the constitution and bylaws of your organization, James Caesar Petrillo is given dictatorial powers over the lives and work of the members of the American Federation of Musicians; and that under the constitution, the American Federation of Musicians assumes such power over its membership as to destroy the right of free speech and the economic security of its members.

I want you to understand that as a Congressman and chairman of this subcommittee—and also a member of your organization—that I am fully cognizant of the good you have done for the musicians. This committee did not bring you here to embarrass you, but rather for the sole purpose of answering questions pertaining to these issues and complaints. If charges and complaints which are brought against you and the American Federation of Musicians are false and unfounded, I can assure you that you will be exonerated. However, if these charges are proved to be bona fide and you cannot explain why they are justifiable, then this committee definitely will make recom

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