The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-10-30
THE PRESiDENT'S COMMISSION.
Equality Of Rights ami Opportunities for
nOrganiyed Labor.

CedlnD, attending OF growing out OF the strikc.
and pronounce judgment Oh matters hereto
for. under the eNciu~iy" sovereignty OF Penn
-yivanH.
The rang" of inquiry and decision l. un-
hMi"d Nur" No' kerr In the anthracite
hcld~ cmhraC" union and Iou-unioa Workers
Causes and consequences are to be a-Ccr-
tanned and dvi!u"d Not only causes of the
recent strike. but si-o oHu-es of u recurrence.
are to he lool.cd lto. Al questions in con-
neCtion with the strIke' are To he formulated
and answered. Future relation between
employers and wage workers ~ the anthracite
fields ere TO be- Established" The President
declares that the PARTIES IN interest" have
agreed to abide 10y the action OF the COM
mission. lie Ia, hot raid that a suit at law
can be- bG -cd on that acton" II either side
shall reject it,
The question of law growing out of the
relations oil the Anthracite mines TO the United
Stat"-, TO Penn -ylvauin, to tho railways
operating them, to tho" toi.ing. OF O"cking
TO toll. therein. and 20 the con -uniors OF the
coal. may some of them be novel and une>-
pored. Al will b" very important. yet
III" commits iou f. numerically weak In the
number OF it, lawyers, although strong III the
quali,ic- of the one member who T. II lawyer.
Tie sc.cUion OF Judge GRAY j. exc llent.
lie /, good lawyer aud good member OF the
Federal bench. II ~" question: Of law pre-
Sent"d TO the commission shall be adequately
argued before him, his own conclusions will
be valuable. lie has not been infected by
the microh" OF socialism and nationasn
The political symp1tEi"~ and pre- judices OF
Judges regarding economic questions ara
important IN these days.
JudC. Holmes. Tor example, who has been
recently selected by the President for the
Surr"Il" Court. T. rororted to have di-~ented
from the majority of the ssachu-etts
supreme Court IN the decision of case pre-
seutins the question whether a patrol. main
tanned around MI employers premises To
intercept and di-,unde men seeking work
there, should Ice enjoined. The issue seems.
finally. TO have broadencd into something
like thi-
Sxpuld every sort of "riok'tinc.- aud all
attempts OF the strikers TO prevent men from
entering the plaintiff employ, however
p'aC"ahc the means they used. b" stopped?
! ne ma ority -aid that the acts Of the strikers
were not justified by their ultimate motive
of getting better wages. but Judge Holmes
said they had rlght to DO what might be
termed "p'o,c hi, pickcting." and by peace
able means di--uadc other workmcn, not
under contract with the plaintiff. going into
his employ. He thought that the question
OF what sort OF competition l. allowable. or
viii furnish a justification Tor the intent ional
infirtlou OF damav" TO business. l. IA question
OF public policy. which the most thorough
knowledge OF the ilr may not help Judges
to decide. The decision may depend on the
economic -ympathie- OF tho Judges. the
struggle may be- one bet economic forces.
and the question presented may involve a
question OF public Policy
The presumption l. that tho case arose in
MIS-a chu-ett~ under the common law. be-
cause If under statute Ina which positively
forbade tie p'o,o1bh pIoketing, the remarks
OF Judge Holmes would have been out of
plnoe.
In another case. prcscntinS an inquiry
into the rights Of labor unions 70 strengthen
their organization, at the expense of rivals
lac said.
81 think that unity OF Organization Is necessary
to make the con,rS, OF labor errciua and that
societies OF aborcr> lawfully may employ. In their
preparation, the means which they nigh, use in
the nnal contest"
Members of the bench are as human M
they Mere when members OF the bar. Early
partisan -ymrHthles and proiudiccs survive
even when the law and legal truth are to lie
iudlcially a-Orrtaiucd and declared. Judge
Holmes said IN Chicago, few days ano
e 4 Judge has hi own obstacles to overcome.
o ven though his decisions ar" beyond appeal
He must satisfy public opinion, and must not
be satisfied with what tends To stop advance"
J'NlEt' way J. lil'H'l III we llllTu Ttu-
oral Judicial Circuit embracing Delaware.
New Jersey and Pennsylvania. which last
state vas the theatre OF the coal strike, and
i member OF u court Of appeals from the
three Interior Federal district Judges Of
PENNSYLVANIA. The commission work he has
l. not judicial, and TO il the Presi-
dent could not lawfully have assigned him.
for the rca-un that II l. employment
ont side Of hi Office. The President would.
~. I,tIs
Cray on the commission, and presumably
hr would not have accepted the offer had
there been In sight any possibility that any
matter to com" before the commission could
he ia litigation in any OF TIA" Federal courts
oi IN" Ihud circuit
II has been asserted that majority of the
strikers are not citizen, OF the United States
or PENNSYLVANIA but are aliens. Citizenship
should hc carefully ascertain.d, because If
the miners arc chiefly foreigners. having a
right. when wronged. TO ask IN" interro~ition
OF their ~overrigns. they should have esir-
cially Considcrnt" treatment, although alien
gc may not De reason why the President
should now iuterpo-o between them and
Pennsylvania.
The Fourteenth Amendment of the Com
-titution declared that Ponn.y ly1nii slRl!
not deprive any prr-on," citizen or aiken.
OF life, liberty or property, without due
process OF law or deny TO any person" the
equal protection Of tho laws-vho-e laws
and process are not specified Probably
PENNSYLVANIA has not deprived tho members
of the miners union Of any right, however
much IN" may have failed to protect nom
union men in the exercise of their rights.
Perhaps the Presidents commission will
discover and report to him TINT, because
the common law and statute law OF Penn
svl,Hnln wcrn not promptly enforced bv the
Executive, legislative and judicial officers
OF that State. the non-union miners and
helpers we're denied the equal protection
of the laws of Pennsylvania. and that such
denial brought on. or increased, the Unthra-
cite famine although there was not n denial
of equql protection by any laws OF the state
the enactment OF which was forbidden by
the Fourteenth Amendment. The law for
equniily OF protection WIS there. but was
uncuiorCcd. tn" sure remedy under our
dual ~y.t"In of governments, Tor that non
enforcement through Official neglect. is to be
found at the polls and IN the ballot boxes Of
PENNSYLVANIA The President viii prohably
be- tod by his commission that 10 Con-titiI-
tionnl right of uou-unlon miners. which the
President. or Congrr>s. or the supreme Court
can protect. was invaded, and TINT the me-
glrCt of Penn~y lyunia officials cannot be- pun
l-hcd. or redrr.-cd. by the Na>hn gton Gov
eminent. Tn" wrongs were private wrongs
l..t- awa. Nn do "a Il -