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MOTION-PICTURE JURISDICTIONAL DISPUTES 1137 That is from page 7 of the testimony taken before the three-man committee and I think it is obvious that Mr. Walsh then brought this to their attention, and I tliink you will agree with that—that he brought it to their attention. Now, on page 8 it says: Committeeman Birthright. You said ttiat the work done under the '26 agree- ment was carried on until 1933? Brother Walsh. Yes. Then in '33 we went out on strike and they went in and took over all the work. Committeeman Birthright. Then again in '36? Brother Wai.sh. That's the latter. Committeeman Birthright. Brown and Hutcheson agreed that this agreement should he recognized? Brother Walsh. That's what he says right there—that it would be the basis of their understanding. Obviously, from this testimony the representation made—and I think you will have to agree with my interpretation—to the three- man committee by Mr. Walsh was that the agreement of 1926 was operated under from 1926 to '33 and then when they came back into the studios it was operated under from 1933 on. Do you agree with that statement? Mr. Kahane. I do not agree with the statement that after '33 that work was done by other organizations than carpenters. As to what happened between 1926 and 1933, I have already stated my under- standing is that in some studios the work was done by lATSE. Mr. Owens. Mr. Chairman, I would like to ask Mr.'McCann a ques- tion. Are you stating, Mr. McCann, that the evidence adduced constitutes a fraud ? jSIr. jNIcCanx. I am stating, Mr. Owens, that the indication is that the three-man committee who testified before us, they did not know when they accepted the 1926 agreement, that it had never been put into operation. Mr. Ow^ENS. Could you challenge that except on the ground of fraud ? Mr. McCanx. I am giving facts and not charging fraud, sir. Mr. OwEXS. It would have to be fraud, Mr. McCann, otherwise you could not overcome it. Mr. McCaxx. All riglit. Mr. OwEXS. So you will have to proceed on the ground of fraud. Mr. McCaxx. I am just saying the facts show that the argument was given to them that this instrument was in being, tliat it was oper- ated under. Mr. OwEXs. Yes; but his testimony- was that in some of the places they did operate under the lATSE, and also there Avas operation under the carpenters during the 1926 to 1933 period, and from that time on, 1933 up to 1945—whenever it was—it was the carpenters. So the fact that they did o])erate under agreement would not show that the state- meut of Mr. Walsh constituted any fraud. It was right in the record before them. Mr. McCaxx. This is the first time, I believe. Mr. Owens, that any- one before our committee—and I want it to be checked, and if I am wrong I want to have the record so show—that anyone before our committee has contradicted Mr. Doherty's statement before us under