witnesses that we have had, except in the case of the Swedish lady I believe that we excused yesterday, should remain under power of our subpena for 30 days, so that if we can get back here we may continue and complete this hearing, subject to call and notification. We will excuse you to go about your business by all means and thank you for coming. The only thing I want you to understand, if the Chair will so rule Mr. KEARNS. Well, the Chair has ruled that all people who have testified, unless they are personally excused, are here to be called when we want them. No one is excused entirely. Mr. MCCANN. They will continue to be under the power of the subpena? Mr. COOPER. You will call me later? Mr. MCCANN. If we need you later, yes, sir; I will call you at your home. Mr. KEARNS. Do you have any other witnesses, Mr. Counsel? STATEMENT OF EDWARD F. REED, BUSINESS AGENT, MUSICIANS (The witness was previously duly sworn.) Mr. KEARNS. Will you give you name and address? Mr. REED. Edward F. Reed, 4534 Willowbrook, Los Angeles. Mr. REED. Musicians union. Mr. KEARNS. What is your job with the musicians union? Mr. REED. Business agent. Mr. KEARNS. Counsel, proceed. Mr. MCCANN. Mr. Reed, may I ask how long you have been employed by the musicians union? Mr. REED. Three years? Mr. MCCANN. Three years? Mr. REED. Yes, sir. Mr. MCCANN. You are a musician yourself? Mr. REED. Yes, sir. Mr. MCCANN. What do you play, sir? Mr. REED. Drums. Mr. MCCANN. Have you ever played in the Earl Carroll Theater? Mr. REED. No; I have not. Mr. MCCANN. Never have. And you have held that position recently for a period of 3 years as a business agent? Mr. REED. That is right. Mr. MCCANN. You are, I believe, the representative of the union who had charge of the jurisdictional area in which the Earl Carroll Theater was located? Mr. REED. Recently I was, in the last 2 or 3 weeks. Mr. MCCANN. When did you assume that jurisdiction? Mr. REED. Approximately 3 or 4 weeks ago. Mr. MCCANN. Three or four weeks ago? Mr. REED. Yes, sir. Mr. MCCANN. When the strike developed there on May 27, it was under your jurisdiction? Mr. REED. More or less. I was working with Mr. MacQuarrie on it. Mr. MCCANN. Did you have any discussion with the members of your union as to that strike? Mr. REED. I didn't. Mr. MCCANN. You didn't talk that over with Mr. Archer? Mr. REED. Yes. Mr. MCCANN. Oh, you did? Mr. REED. Yes. Mr. MCCANN. What was the nature of your discussion with Mr. Archer? Mr. REED. Well, I met him out there that night. Mr. MCCANN. You met him on the night of the 27th? Mr. REED. That is right. Mr. MCCANN. In the parking lot? Mr. REED. That is right. Mr. MCCANN. Now, are you sure that that was the 27th, or was it on June 10? I don't want you to testify to Mr. REED. Oh, I beg your pardon, on the 27th I didn't have any efforts at all with that. I am thinking of the other thing. Mr. MCCANN. Then you don't know what transpired on the parking lot on the 27th? Mr. REED. I do. I am wrong again. I was out there. Mr. MCCANN. The night the musicians walked out. Mr. REED. That is right, I was out there. Mr. MCCANN. They walked out on the parking lot and were discussing the 2 weeks' notice; is that correct? Mr. REED. That is correct. Mr. MCCANN. They were out in the parking lot and the stagehands walked out with them, I believe. Mr. REED. That is right. Mr. MCCANN. And then went back in after Mr. Carroll had signed a letter at that time, as I remember it, or something of that kind. Mr. REED. Well, it seemed like the difficulty was settled between Mr. Archer and Mr. Carroll. Mr. MCCANN. The difficulty was settled? Mr. REED. That is it; yes. Mr. MCCANN. Will you tell us, please, how it was settled, if you were there? Mr. REED. I wasn't in on the conversation. Mr. MCCANN. You were not in on the conversation? Mr. REED. No, sir. Mr. MCCANN. You don't know anything about the discussion that took place between them? Mr. REED. Not a thing; no. Mr. MCCANN. Do you recall that on that night of May 27, 1947, that Mr. Carroll signed a letter at that time addressed to the attention of Mr. Archer? Mr. REED. Oh, yes; yes. Mr. MCCANN. You recall reading that letter? Mr. REED. That is right; yes. Mr. MCCANN. Did you then discuss this letter with Mr. Archer? Mr. REED. No; not specially. Mr. MCCANN. Did you decide with Mr. Archer that the men were to go back to work after reading this letter? Mr. REED. That had no bearing on the case whatsoever. Mr. MCCANN. It didn't? Mr. REED. Not that I know of. Mr. MCCANN. Let me read the letter to you, sir. MAY 27, 1947. MUSICIANS MUTUAL PROTECTIVE ASSOCIATION, LOCAL 47, A. F. of M., 1417 Georgia Street, Los Angeles, Calif. (Attention: Ward Archer, Contractor and/or Steward, Earl Carroll Theatre Orchestra.) DEAR MR. ARCHER: I was astonished that you should inform me tonight that you intended to pull a strike without authorization from your local union. Now, didn't Mr. Archer have authority from the local union to pull that strike that night? Mr. REED. As far as I know, he discussed it with the board. I didn't have anything to do with that at all. Mr. MCCANN. But you were there? Mr. REED. I was there; yes. Mr. MCCANN. You were his superior? Mr. REED. In a way. Mr. MCCANN. You were the representative of the board at that meeting? Mr. REED. I was not at the meeting; no, sir. Mr. MCCANN. I mean at the time when this letter was delivered you were the representative on the lot for the city organization. Mr. REED. In a way, yes; Mr. MacQuarrie and myself. Mr. MCCANN. You are an employee of the board, aren't you? Mr. MCCANN. And as their representative you were out there because it was a hot spot that night. Mr. REED. That is true. Mr. MCCANN. Going on now— In all my experience in show business, I never heard such a ridiculous statement. There is no member of the musicians' union that dares make a move without direction from their local officers. Isn't that true? Mr. REED. Not necessarily; no. Mr. MCCANN. Well, was it true in this case? Mr. REED. I don't exactly know what you mean. Mr. MCCANN. You were there as representative of the board to support him in the action which was taken. Mr. REED. Not necessarily; no. He was acting on his own. Mr. MCCANN. Acting on his own? Mr. REED. He was acting on his own. Mr. MCCANN. Without authorization from the board? Mr. REED. He didn't need authorization. He is the contractor on the job, and he has the right to do as he wishes. Mr. MCCANN. He doesn't have to consult the board? Mr. REED. Not in a case of this kind; no. He don't have to; no. Mr. MCCANN. And he didn't? Mr. REED. I guess he did. He said so yesterday. I heard it. Mr. MCCANN. He did? Mr. REED. He didn't talk to me. Mr. MCCANN. But you were representing the board there that night because it was a delicate situation. Mr. REED. If there was something I could have done to alleviate the situation I would have done it. Mr. MCCANN. Proceeding with the letter: If your men strike tonight because I refuse to give 3 weeks' notice to three men whom I never hired, then my long experience in the theater tells me most_emphatically they had been instructed to do that by your union. You informed me when you struck me I could see "Spike" Wallace or Mr. MacQuarrie. I decided to give 3 weeks' notice to these three men whom I never engaged, and I shall also find out what authority you have to wreck our business. There must be some laws that will protect employers from irresponsible officials like you. I will take every possible legal action against you. Very truly yours, EARL CARROLL, (For Earl Carroll Theatre Restaurant.) Did you read that letter that night? Mr. MCCANN. After that letter was read, what occurred? Did you decide the men should go back to work? Mr. REED. I had no part in the decision whatsoever. Mr. MCCANN. Nothing to do with it? Mr. REED. Nothing to do with it whatsoever. Mr. MCCANN. You read the letter? Mr. REED. I did. It was handed to me. Mr. MCCANN. The men went back to work? Mr. REED. After the dispute was settled; yes. I had no part in it. Mr. MCCANN. How was it settled? Mr. REED. I found out later they agreed to give the men 2 weeks' notice and appoint an arbitration board. I found that out later. Mr. MCCANN. Who made that agreement? Mr. REED. Ward Archer. Mr. MCCANN. Ward Archer made that agreement? Mr. REED. That is right. Mr. MCCANN. Did you ever know of your union arbitrating anything around here? Mr. REED. Why, certainly. Mr. MCCANN. They have? Mr. MCCANN. Have they ever arbitrated anything with Earl Carroll? Mr. REED. I just came into this picture with Earl Carroll lately. I don't know. Mr. MCCANN. But you know that they agreed to arbitrate that night? Mr. REED. I found out later; yes. Mr. MCCANN. They agreed to arbitrate. Mr. REED. That is right. Mr. MCCANN. Now, on the evening of June 10, the stage hands struck for $36. You were in on that night, weren't you? Mr. REED. That is right; yes. Mr. MCCANN. Were you present when Mr. Carroll asked permission to speak to the musicians? Mr. REED. Yes; I was there. Mr. MCCANN. Was he permitted to speak to them? Mr. REED. Why, certainly. Mr. MCCANN. Did the musicians, any of them, have a word to say? Mr. REED. There wasn't a word said; no. Mr. MCCANN. Not a word. Mr. REED. That is right. Mr. MCCANN. Did you hear Mr. Carroll ask that the matter be arbitrated? Mr. REED. Yes. Mr. MCCANN. What was the answer? Mr. REED. Mr. Cooper said he was not going to arbitrate it. Mr. KEARNS. Mr. Counsel, I would like to recess for 5 minutes. Washington wants me on the phone. We will take a recess for 5 minutes. (Short recess taken.) Mr. KEARNS. The hearing will come to order. For the record at this time and for those concerned in this hearing, I would like to make the statement that we will conclude this hearing by 12 noon or by 1 p. m. tomorrow, because it is necessary that I be in Washington Friday morning. So we will conclude this hearing tomorrow either at 12 noon or by 1 p. m. You may proceed, Mr. Counsel, with the witness. Mr. MCCANN. Mr. Reed, has there been any agreement on the part of your union officials, any discussion or agreement as to the purpose of closing the Earl Carroll Theatres? Mr. REED. Not to my knowledge; no. Mr. MCCANN. Did you have repercussions as the result of the conference which was held by Mr. Earl Carroll with Mr. Harry Long in the office of "Spike" Wallace, with Mr. Bagley and Mr. MacQuarrie ? Mr. REED. No, I wasn't in on that at all. Mr. MCCANN. Were you there? Mr. REED. No, sir. Mr. MCCANN. You had no part in the conference? Mr. REED. NO. You see, I have just moved into this picture recently. Mr. MCCANN. Mr. Chairman, I think that that completes the examination, with the reservation that we may have to call him back. Mr. KEARNS. Mr. Reed, as business agent having jurisdiction over Mr. Carroll's place, don't you think there has been a lot of disagreement here and misunderstanding that is really uncalled for? Mr. REED. Probably so; yes. Mr. KEARNS. Don't you think here, as I said yesterday in my opening remarks, that all of us having the good fortune to live in this country of ours, don't you think that it behooves each and every one of us to try and be agreeable and get along, rather than be arbitrary? Mr. REED. I would be much happier on our part if we could do it. Mr. KEARNS. Don't you think the door is wide open for the American Federation of Musicians to adjust this matter with Mr. Carroll and do it in an amiable way so that there will be no controversy about it? Mr. REED. I would love to see it. I am quite as anxious to keep 15 men working as anybody else. It is a good job out there and it pays well, and we would like to have those 15 men on his pay roll, naturally. Mr. KEARNS. Well, I will tell you, we have to have some respect for people who have capital investments in this country. |