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yo Two Negroes OntTah Rine’ Wit wv Asis /. WASHINGTON, Nov. ““Aqunstall and Bester Willi (-] southern: railroads, — appeared through counsel before the La mm are | reme Col oday and argw@t Paat. while f of Lo- jcomotive Fire G F FEPreseNtet ait tie Tremen on thé two systems as exclusive bargain- . even made agreements with the jand unemployment for Negro fire- men. i ™ Government, through Charles AN Fahy, Solicitor General, and Rob- the Attorney General and the Na- tional Labor Relations Board, in- tervened as “friends of the court.” : Stern argued that, since the unton 2 excluded Negroes from member- . \ahip, it was “obviously not acting ‘in. good faith as the representative ot e entire craft.” ; | The two firemen requested a ‘union represent all employes fair- agreement with the carriers and their positions. _ \ | Attorneys for the brotherhood -ville & Nashville and the Norfolk eral Court had no jurisdiction In | Act and that, in the Tunstall ac- tion, the union had not been prop- erly served. ns . 7 Charles H. Houston, attorney for the two firemen, maintained that uhder the principle of majority rule the majority could not use the Government te exploit the minor- ¥, , However, he said, the union, act- ing for the entire class or craft of firamen undar the provisions of the Railway Labor Act, had, on Fein 28, 1041, made an agreement with & groyp Southern roads that not more 50 per cent of the firem gentority district 3 1 iT} . CUA PINE nc. TST. Pes De r By LOUIS STARK Special to Tax New Tore Traxs. eames, €lto appear before a body composed ing agents, it barred Negroes and) niong which bar Negroes. Supporting this plea, the Federal G,, a LL. Stern, special assistant to|,, In a joint brief, Mr. Fahy and Mr. broader than race and that if ldeclaratory judgment that thel® that petitioners be restored t6/vernely affected had recourse to ‘and for the two roads, the Louis-/tne courts. ae: Rate a TET nated as “non-promotable’ and this meant that the places of the Negro firemen, deapite long senior- ity, would be taken by white fire- men of lesser seniority. According to Mr. Houston, if a Negro fireman tried to bring a ase of discrimination before the adiustment board he would have partly of employers and partly of Therefore, he told the court, un- | carriers that resulted in demotlon)iogy the firemen could go to the! courts for relief they had been! placed in “economic servitude” by . ngress, which passed the Ratl-| way Labor Act. | The justices expressed a lively: terest in the case and asked the! attorneys many questions. i In reply te one question, Mr.: Houston said that the issue was. the unfon could bar Negroes today it could “bar Catholics, Jews and sbc feet, men tomorrow.” - _ Harold O. Helss, counsel for the. brotherhood, asserted that Con- oases did nat lecislate on the rela-! tion of ‘employes “and their ‘yepres: sentatives under the Railway La-| ‘ly, that an injunction be issued arty ‘againat enforcement of the union bor 4 tra erie the co He declared that employes ad- the National Mediation Board and Tee oS ene tee the adjustment board as well az “Can promotable men be black ?” Southern, asserted that the Fed-lagked Justice Frankfurter. “Not on the railroads of the the case, that the proper remedy |railroads of the United States,” re- wan before the National Mediation | plied Mr, Hates. Board or the adjustment board|icy of the roads. We have nothing created under the Railway Labor! to do with it,” : . “That ia the pol- “Then the fdea of the motable men is based asked Justice Murphy. oe “That's rallroad policy,” the brotherhood attorney answered. sty said that hundreds of “senior-|[. the: difference between these and the non-pro- on races?”|) aA Tunstall case was that “the pet!-j ae Qry O74 tioner comes here and says he's! — black.” . : oof aoe : James G. Martin, counsel! for the Norfolk & Southern, disagreeing! . with Mr. Heiss, expressing “serious doubts” abou diction in! the Tunstall case, but argued also’ that neither was there jeanne invelved, fasue in 7 t 4 e any Federal ws + RON Se’ ST nt dats segment es, aeie seeing 2" ak = ere pa ee we a ALL roe HEREIN (3 UacLASOUED MATT m 2. wa nv... _. as a fe DAIE 2-81-29 py 20a tient bool ies t On. Not KECK Dit) woy 16 {944 Wiwvt iw ——— i —— This is a clipping from page ___ 7 of the New York Times Tor d tf ov ov. 7: Glipped at the oeat of - ~