SENATOR
COUDERT BEGAN by demanding that the Teachers Union turn over its record books
and membership lists. The activities of the Union were a matter of public
record. The Union, however, submitted its minute books for eight years back to
the Committee.
President
Charles J. Hendley was instructed by the membership
of his Union to refuse to yield the lists.
Some
people said, “Why doesn’t the Union release its membership lists?
If it has nothing to hide. . .
To
the people who asked that question, the Union said: “You’ll find
the answer in the LaFollette investigation of labor spying and blacklisting in
industry.”
“But
that’s in steel and coal and shoe—that might be true for factory
workers, but these are teachers, and they are employed by the state. Who ever heard
of blacklisting in the schools?”
The
Union said “. . .There is an unsavory history of withholding employment
from Union members by blacklisting. The fact of membership in the Union is
repeatedly misused by those principals and supervisors who are unsympathetic to
the Union’s aims. The lists can be of no conceivable use to any agency
desiring to prosecute a ‘subversive hunt’. They can serve only a
hunt for union members.”
Senator
Coudert protested that he had no intention of publishing the Union membership
lists. But on the day the lists were ordered to be delivered to Senator
Coudert’s office, Hearst press photographers were present to photograph
the lists for publication. It wasn’t the Union that had asked them to
come.
The
case was argued before the Court of Appeals.
Counsel
for the Teachers Union: “The lists are irrelevant to purposes of the
inquiry; their surrender would be a breach of faith to its membership and a
dangerous precedent in denial of fundamental rights of trade unions.” The Court delivered its decision: The
membership lists must be delivered to the Rapp-Coudert Committee or Mr. Hendley
goes to jail—there to remain until the lists are produced.
The
Herald Tribune said:
“. . .the obvious principle behind the Court of Appeals decision applies
to all unions or other associations publicly sanctioned and permitted to
function, and that is the principle that their records of whatever sort shall
be open to official inspection. Short of suppression, the community can have no
other adequate check on their activities.”
Did
you say that unions are legal, Mr. Jones?