Washington (Oct. 26)
Following is the full text of the report of the Agricultural Adjustment Administration on the question as to whether there should be included in the Live Poultry Code a provision covering rabbinical supervision by the Kashruth Association for the live poultry industry in New York City:
The Agricultural Adjustment Administration, through its resident field investigator in New York City and then later through two special investigators have made a study of the various aspects of the problem above indicated. This study has taken quite some time, since it meant investigation into the problem involved, for the purpose of determining whether such problem may properly be covered by the inclusion of a provision, by amendment to the Live Poultry Code, in that it would not tend to effectuate the declared policy of the National Industrial Recovery Act.
PROVISION ‘UNWISE,’ STATEMENT HOLDS
The result of such study has lead to the following conclusion by the Agricultural Adjustment Administration:
The immediate problem before the Agricultural Adjustment Administration is whether the dispute which has arisen between the Kashruth Association and the members of the industry can be settled by the insertion of a provision in the Live Poultry Code to take care of this matter. It is the opinion of the Agricultural Adjustment Administration that as a matter of administrative policy it would be distinctly unwise to have such a provision inserted in the Code and further that as a legal matter such provision would undoubtedly be held to be invalid. The decision has been reached on the following grounds:
BOTH DISPUTANTS HAVE OBJECTED
(a) The members of the industry and the Kashruth Association distinctly expressed their desire that the Agricultural Adjustment Administration refrain from interfering with the dispute and also refrain from inserting in the Live Poultry Code any provision affecting the problem relating to Rabbinical supervision. As a matter of policy the Agricultural Adjustment Administration has consistently refrained from inserting in codes provisions which are unanimously objected to by those persons who are covered by the code.
CALLS ISSUE ENTIRELY RELIGIOUS
(b) The entire problem of rabbinical supervision, which is the basis of the dispute between the Kashruth Association and the members of the live poultry industry, raises an issue which is entirely a religious one. The problem does not have as its basis any economic relation to the declared policy of the National Industrial Recovery Act. The opinion of the Administration is therefore that it would not be pursuant to the declared policy of said Act to include in the Live Poultry Code a provision which is related solely to a religious issue.
(c) Furthermore, there are several legal objections to the inclusion of any provision relating to rabbinical supervision. For instance:
LEGAL OBJECTIONS ARE CITED
(1) Because of the fact that any provision in the Code relating to the foregoing problem is based entirely on a religious issue such provision would undoubtedly be held invalid because the inclusion of such provision could subject a member of the industry to penal prosecution, pursuant to the terms of the National Recovery Act, because of the violation of such provision.
(2) The Code clearly cannot contain a provision assessing members of the industry for moneys which would be used for payment to a private unofficial association which would not be subject to governmental supervision or control; nor would such funds be used for the enforcement of the provisions of the Code. The Administration has carefully included provisions in other codes for assessment of members of the industry only where such assessments were necessary for the administration and enforcement of the provisions of the code; the administration and expenditure of such funds in all cases have been subject to very careful governmental supervision and control.
However, it should be perfectly clear that the Agricultural Adjustment Administration has a very vital interest in the administration of the Live Poultry Code. The present dispute between the Kashruth Association and the members of the industry threatens the successful administration of such Code. The possible strike which has been suggested would necessarily result disadvantageously to the producers of poultry. The Administration feels, as probably Mayor LaGuardia does, that it would be most unfortunate if any plan is put in force for which the cost will exceed what is absolutely necessary to carry into effect an adequate supervision system. For this reason the Administration wishes to suggest that in the event the members of the industry and the Kashruth Association cannot amicably adjust their disputes and both request the Agricultural Adjustment Administration to assist in an attempt to obtain an adjustment of the dispute between the opposing interests, the Administration wishes to state that its services will be available for such purpose.