Mr. HEALEY. Now, Mr. Witness, since you have come back on this occasion, you have given the committee the benefit of all of the information that you have had regarding the administration of this act by the present Board, have you not?

Mr. DAVIDSON. I have answered certain questions asked of me by Mr. Toland.

Mr. HEALEY. You mean that since you have come back here the second time, you have only answered his questions?

Mr. DAVIDSON. Yes.

Mr. HEALEY. But in his office prior to coming here he asked you to make an exhaustive

Mr. TOLAND (interposing). Detailed.

Mr. HEALEY (continuing). An exhaustive search of your memory, did he not?

Mr. DAVIDSON. He asked me-No; the word "exhaustive" was never mentioned, sir.

Mr. HEALEY. Oh, I don't mean that. Let's not get to quibbling. Mr. DAVIDSON. I am not quibbling, and I am not agreeing to a word not used, either.

Mr. HEALEY. Well, will you please tell the committee just what you were asked by Mr. Toland to do when you came down here to see him in response to his summons, after you had resigned or been fired from the Board?

Mr. DAVIDSON. He particularly asked me to tell him the story of my activities in as much detail as possible from the time of my first appearance before the committee up to the time of my resignation, and I told him that. That was the opening of the conversation. I don't know just how long it took me to answer that question propounded by Mr. Toland. It took some minutes.

Mr. HEALEY. All right. Is that the only thing he asked you at that time?

Mr. DAVIDSON. No; we talked about other matters later.

Mr. HEALEY. Did you, as a matter of fact, exhaust your memory as to incidents that had occurred during your service as a trial examiner with the Board?

Mr. DAVIDSON. What do you mean by "exhaust my memory," sir? Mr. HEALEY. Well, to go as far into it as you possibly can, trying to check.

Mr. DAVIDSON. Yes; generally, I'd say so.

Mr. HEALEY. And so that you have since you came back here, related about every incident that you could think of present in your memory?

Mr. DAVIDSON. You mean on the stand?

Mr. HEALEY. Yes.

Mr. DAVIDSON. No; not everything.

Mr. HEALEY. Well, did you on that occasion when you talked to Mr. Toland?

Mr. DAVIDSON. Yes; I think I did.

Mr. HEALEY. So that he chose the things that he naturally thought were relevant to this inquiry?

Mr. TOLAND. Thank you.

Mr. HEALEY (continuing). And the ones that he felt were proper to present here from what you revealed to him on that occasion; is that right?

Mr. DAVIDSON. I assume Mr. Toland did. He is an able and experienced attorney.

Mr. HEALEY. And did you come here in the attitude that you expressed in your letter, that you were out to get this Board andMr. DAVIDSON (interposing). I never said any such thing in a letter.

Mr. HEALEY. Well, did you say something from which such an inference could be drawn in your letter?

Mr. DAVIDSON. Nothing to my knowledge.

Mr. HEALEY. Well, your attitude was not a friendly one toward the Board when you came in.

Mr. DAVIDSON. Absolutely not. I am not friendly to the present majority of the Board, but that doesn't mean that I did think what wasn't true.

Mr. HEALEY. Of course, I realize that; but you did come here in the attitude that you were going to say as much as you could say that was the truth that would be injurious to this Board.

Mr. DAVIDSON. I had no such attitude in the first place, Congressman Healey. I did not volunteer to come here, I was sent for.

Mr. HEALEY. How long did you have this job, as a matter of fact? Mr. DAVIDSON. From October 1937 to the middle of March 1940. Mr. HEALEY. And did you have some sponsor in getting this position?

Mr. DAVIDSON. No, sir.

Mr. HEALEY. And, of course, the law business was a little bit dull when you took the job, wasn't it?

Mr. DAVIDSON. It was, and from rumors I think it still is. It has been pretty good for me since I went home, but I hear a lot of complaints from other people.

Mr. HEALEY. I am glad to hear that. But at least, you worked for this Board for some years, did you not?

Mr. DAVIDSON. About 212, to be exact.

Mr. HEALEY. At what salary?

Mr. DAVIDSON. $4,600 a year. That is all in the record, sir.

Mr. HEALEY. I know it is in the record, but for my own information, I did not recall just exactly what the amount was.

Mr. DAVIDSON. Very well.

Mr. HEALEY. So that the Board and this administration has been rather kind to you during those years, hasn't it?

Mr. DAVIDSON. I wish, sir, you would not connect the administration with the Board. I view them as being very separate, and I do not think the Board represents the administration.

Mr. HEALEY. Insofar as to make it possible for you to have a job during that time, at a regular salary, it was pretty kind, was it not? Mr. DAVIDSON. Sir, I did not get one dollar that I did not work for. Mr. HEALEY. I hope that that is the truth, sir.

Mr. DAVIDSON. Yes, I worked Sundays and week-ends in traveling

Mr. HEALEY (interposing). I have not tried to imply that you did not earn your salary, but at least you have had the opportunity to earn a salary during that time, have you not?

Mr. DAVIDSON. I am not beholden to anybody on the Board, because they did not pay me out of their private pockets; that was the money of the United States Government.

Mr. HEALEY. Well, at least, you are beholden to the United States Government, are you not?

Mr. DAVIDSON. Yes; for everything that I have in this world, and I am loyal to that Government with my life.

Mr. HEALEY. That is all.

The CHAIRMAN. Just a couple of questions, Mr. Davidson, You have undergone a pretty grueling cross-examination as to the cases. which the Board partially reversed your decision in. Notwithstanding those questions and answers, the fact is that your last efficiency report from the Board was very good, I believe you testified.

Mr. DAVIDSON. Not the last; the next to the last. The last one was good, and of course that report was as of a year ago.

The CHAIRMAN. I see. When was the last one.

Mr. DAVIDSON. I got the last report in February, sometime in February 1940, stating that my efficiency rating as of May 1939, was "good."

The CHAIRMAN. Now, reference has been made to your statements in reporting to the Board relative to certain cases which were referred to in the majority report of the committee. In one of those cases you in reporting to the Board made the statement that the company or the respondent was going to "get the works." Would you tell us if you were ever reprimanded or rebuked from anybody in the Board for making that statement?

Mr. DAVIDSON. No, sir.

The CHAIRMAN. Reference was also made to a statement you made to the Board that the case was "in the bag."

Mr. DAVIDSON. That was another case, sir.

The CHAIRMAN, I know it was. Did anybody ever reprimand you for it, or rebuke you for making such a statement as that? Mr. DAVIDSON. No, sir.

The CHAIRMAN. And notwithstanding those statements, the Board's opinion of your work was that it was "good," was it not? Mr. DAVIDSON. At that time "very good."

The CHAIRMAN. That is all.

Mr. ROUTZOHN. Prior to your testifying before this committee in January, did you talk to anyone representing the Board, either Mr. Fahy or anyone else, about your testimony?

Mr. DAVIDSON. Yes.

Mr. ROUTZOHN. What your testimony would be?

Mr. DAVIDSON. Well, not what my testimony would be, but as to whether I had any idea as to what the committee would want to know from me.

Mr. ROUTZOHN. And whom did you talk to at that time?

Mr. DAVIDSON. Why, Mr. Fahy and Mr. Van Arkel.

Mr. ROUTZOHN. Yes. And at that time did they review any of your work before the Board? Did you discuss it with them at all? Mr. DAVIDSON. Yes; some of it, sir.

Mr. ROUTZOHN. So that they might ascertain just what Mr. Toland intended to question you about?

Mr. DAVIDSON. Yes, sir.

Mr. ROUTZOHN. In other words, not only you but Mr. Fahy and Mr. Van Arkel were solicitous about why you were here and what you would be subjected to in the way of questioning. Isn't that correct?

Mr. DAVIDSON. Well, I would say that they were. I was sent for,, but as far as I was concerned, sir, I never gave it any great concern. I had it in my mind that I would come here and tell you whatever you asked me.

Mr. ROUTZOHN. There was no planning about it, but they did talk to you about it?

Mr. DAVIDSON. Yes, sir.

Mr. ROUTZOHN. And at that time was this mass of data and memoranda in the possession of the Board? I am referring to the data that Mr. Healey has been using here today in questioning you.

Mr. DAVIDSON. It must have been in possession of the Board, sir. Mr. ROUTZOHN. Yes. It pertained to transactions that had occurred prior to your testifying in January?

Mr. DAVIDSON. That is true.

Mr. ROUTZOHN. Yes. When you talked to Mr. Fahy and Mr. Van Arkel, was the suggestion made that you might put into the record some self-serving declarations, that is, declarations commending you for your work?

Mr. DAVIDSON. No; that didn't come from Mr. Fahy or Mr. Van Arkel. I volunteered to them that I had been commended to them on the record by quite a number of respondents, and I thought the committee should receive that sort of thing if it received any criticisms

of me.

Mr. ROUTZOHN. Did you have that data with you, or did Mr. Fahy or somebody obtain it from the files of the Board?

Mr. DAVIDSON. No; as I recall it, sir, I told them from memory cases of that sort, and they proceeded to verify, they or someone in their behalf, proceeded to verify my statement.

Mr. ROUTZOHN. So that when you testified here on the 16th day of January, there was placed in your hands something commending you for your work?

Mr. DAVIDSON. Yes-

Mr. ROUTZOHN (interposing). Which came from the files of the Board?

Mr. DAVIDSON. That's right.

Mr. ROUTZOHN. And you obtained them, in the first instance, was it Mr. Fahy or Mr. Van Arkel, did you?

Mr. DAVIDSON. I don't know.

Mr. ROUTZOHN. But the suggestion was made by you to them?

Mr. DAVIDSON. I mentioned it; yes.

Mr. ROUTZOHN. Yes, sir; and acting upon that suggestion, evidently. those letters were here at the time you testified?

Mr. DAVIDSON. That's right.

Mr. ROUTZOHN. And were placed in the record?

Mr. DAVIDSON. That's right. I personally asked for permission to place them in the record.

Mr. ROUTZOHN. That's right; yes, sir. And do you recall Mr. Healey at that time on the 16th day of January making this request and statement to the chairman-I am referring to Judge Smith-"Mr. Chairman, I would like to have the privilege of requesting that certain commendatory statements concerning this witness be placed in the record. because from my observance of the witness, I think they are well merited"?

Mr. DAVIDSON. Yes, sir. I recall that.

Mr. ROUTZOHN. Do you recall that statement?

Mr. DAVIDSON. Quite well.

Mr. HEALEY. I do, too.

Mr. ROUTZOHN. And for the purpose of today's record, let's find out if one of those I can't call them anything else but their true name— self-serving declarations did not read as follows:

To: Mr. Nathan Witt, Secretary.

From: Charles N. Feidelson.

Who is Charles N. Feidelson?

Mr. DAVIDSON. Judge Feidelson is the regional director in Atlanta. Mr. ROUTZOHN. All right. (Continues reading.)

Subject: Massachusetts Knitting Mills.

Is that one of the cases referred to this morning by Mr. Smith?
Mr. DAVIDSON. That's right.

Mr. ROUTZOHN. In which you were supposed to have been overruled, or something of that kind?

Mr. DAVIDSON. Only partly.

Mr. ROUTZOHN. Now reading from that:

I have just had a pleasant experience, and I am passing word of it on to

you.

That is quoted from the letter from Mr. Feidelson to Mr. Witt. Continuing the quotation:

Harold Hirsch, a very distinguished and influential member of the Atlanta bar, whose partner is Marion Smith, appeared for the respondent in the hearing held recently in this case. During a chat today, he was downright enthusiastic about the way in which the hearing was conducted. He said that the trial examiner, Davidson

That's you, isn't it?

Mr. DAVIDSON. That's right.

Mr. ROUTZOHN (continues reading):

bore himself in a superbly judicial manner, and the Board's attorney, Bell, deserved equal praise.

Quoting now again this letter:

"Comparing what I had seen in the papers about other hearings and what I learned at Columbia, I must say that the contrast was astounding, and I am ready to publish that fact to the world," Hirsch said.

Then he said-Feidelson:

He may not be equally fervent when he reads the Board's decision, but that's another story. I am sure that in any event we have won Hirsch's good opinion and support permanently.

Now do you recall that that was placed in the record?

Mr. DAVIDSON. Yes, sir.

Mr. ROUTZOHN. At the instance and request of Mr. Healey who has cross-examined you here this morning?

Mr. DAVIDSON. Yes, sir.

Mr. ROUTZOHN. That is all.

Mr. DAVIDSON. There were others that were direct-that were in the record.

(Mr. Healey now in the chair.)

Acting Chairman HEALEY. Now, Mr. Davidson, just one other