Anti-Nazis Hail Wald Bill; Will Further Boycott, is Belief

The passing of the bill which makes illegal the destruction, removal or concealment of the mark of origin on foreign goods, which became a law when Governor Herbert H. Lehman signed it Monday, was hailed by foes of Nazism and proponents of the boycott movement, and particularly by the members of the Lawyers’ Committee of the Non-Sectarian Anti-Nazi League, yesterday. The bill is now Section 435-C of the State Penal Law. It was introduced into the Senate by Senator Albert Wald.

"The new law is a distinct victory for those who, independently of the question of attitude toward the Hitler government or the use of the boycott as a weapon in our fight against Hitlerism, have noted with increasing concern the moral attrition all too prevalent recently among various classes of merchants, retailers and importers as a result of their attempts to overcome the consumers’ resistance to German-made goods," declared Dr. Mitchell Salem Fisher, a member of the Lawyers’ Committee, who drafted the bill.

ORIGIN LABEL HARD TO FIND

Some forty cases came recently before the committee, Dr. Fisher pointed out, in which this economic fraud was practiced. They found that metal tape measures had to be broken before the word "Germany" could be seen. Vanity cases had to be smashed before the purchaser could view the mark of origin. Previous legislation proved inadequate.

In general, Dr. Fisher declared, the law seemed to hit misbranding and not the thousands of instances in which the retailer sells goods, knowing that a mark of origin has been removed or obliterated, and does not disclose that fact to purchasers.

Praising the assistance rendered by Samuel Untermyer, "to whom all credit for the bill’s pasage must go," Dr. Fisher explained that the latest section of the Penal Law does not attempt to cover misbranding. "Its force lies in two chief directions. In the first place it extends to articles in intra-state commerce the Federal prohibition of removing, defacing, altering and concealing marks of origin.

FORCES CLOSE EXAMINATIONS

"The second subsection is novel. It scores those who sell articles of merchandise when to the knowledge of the vendor or his agents, employes or servants the mark of origin has been removed.

"It forces each and every person who sells in the State of New York to examine carefully the article for indications of defacement, for subsection two is so broad that if from an inspection of the article knowledge of the removal, defacement or obliteration of the mark of origin could have been obtained, such an article cannot be sold now without violating the criminal law of the State.

"The only way the vendor can escape the penalty is by placing again a mark of origin not only on the article itself, but also on both the immediate and outer containers of the article."

SELLER MUST PROVE

The new law also provides that where a mark of origin is not in evidence through removal, obliteration, etc., it is a prima facie proof of violation. The act became effective at once. Similar measures are soon to be introduced in other states.

Dr. Fisher gave credit for assisting him in drafting the bill to Henry Soffer, chairman of the Lawyers’ Committee, Professor Milton Handler and others. Students of Columbia Law School, he said, did the necessary research work, under the direction of Lawrence Greenberg.

In commenting on the bill Mr. Sofer said:

"I am reorganizing the Legal Committee and am assigning a number of able, energetic attorneys who will devote themselves specifically to the task of bringing to the attention of the authorities and prosecuting every violation of the Wald measure.

"All attorneys who may desire to volunteer their services in this matter please communicate with the League."

DEBATE IN BRONX

The Concourse Center of Israel, Grand Concourse and 182nd street, will hold an interleague debate under the auspices of the Young People’s League, Executive Council of the Bronx, tonight. The subject is the anti-Nazi boycott.