Jurisdictional disputes in the motion-picture Industry : hearings before a special subcommittee of the Committee on Education and Labor, House of Representatives, Eightieth Congress, first-session, pursuant to H. Res. 111 (1948)

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2210 MOTION-PICTURE JURISDICTIONAL DISPUTES Mr. Cobb. That is right, Mr. Landis. All parties were notified of this clarification. I think it is very important to bear in mind regarding the clarification that it does not set aside the December 26, 1945 decision. Congress passes a law in 1945, and maybe in a month, maybe in a year, or at any time the courts clarify that law. When the courts clarify an act of Congress, that is not a repeal of the act. When the executive council clarified the decision of December 1945, it was not a repeal of the decision, it was a clarification of it, as a court decision would be a clarification of an enactment by Congi'ess. The record will show in the testimony before Mr. Pat Casey in the present hearing, speaking from memory, in effect that the producers went to Miami to ask the executive council for a clarification of the December decision. The record will show that other crafts asked for clarification of the December decision. When the carpenters at Hollywood asked Mr. Hutcheson to ask for clarification they were not doing any more than the producers had done than asking at Miami for clarification, and any more than any of the others had done, or any more than any litigant does who goes into court and asks for clarification of an act of Congress. I would call attention to the fact that the clarification does not purport to repeal ; it purports only to clarify. Mr. Landis. Let's get back to this contract. Mr. Cobb. I am coming right to it. So after this clarification — not changing, but telling what the December decision meant — who made the threat? They speak of an ultimatum being served by the carpenters on September 11. Wliat threat was made before September 11? We have the letter of Mr. Walsh to the Association of Motion Picture Producers, dated August 31, 1946, closing with this paragraph : If the committee's decision — Meaning the December decision — as originally rendered is not fully complied with by yon, this international alliance will take such action as may be necessary to protect its interests. Now, sir, what did they mean by "such action" ? There was a meeting in Hollywood of the Producers Labor Committee on August 22. That was more than 2 weeks, practically 3 weeks, before what has been called the ultimatum of the carpenters. Mr. Walsh, Mr. Cooper, and Mr. Brewer were present at that meeting representing the lATSE. I make that statement by reading those shown to be present. ' Mr. Landis. Could you tell me the difference between that statement or that letter and the carpenters' ultimatum ? Mr. Cobb. Yes ; I am doing that now. I have read you the paragraph in the letter. Then on August 22, 1 week after the clarification, they meet. The minutes are very short. Discussed new A. F. of L. directive as to its effects on the existing conditions and what it may lead to.