New-York tribune., 1908-01-28
BLOW At LABOR UNIONS
4 FEDERAL Law UPSET.
Right TO Discriminate -4gainst Union
Men 4ffrmeC By Supreme Court.
rFrom The Tribune Bureau ]


washington. Jan. 27.-An amendment of the Con-
s,i:ution of the United States ~ill be necessary TO
make valid The legislation desired by the labor
,.,.iors expressed IL the arbitration act passed
n 1sss The Supreme Court Of the United States
to-day declared Section 10 Of that law which is the
vital section. unconstitutional. and affirmed the
right OF an employer dismiss and otherwise 20
discriminate sgainst man because he is
Der Of labor organization unless the employer
shall have entered into a contract with such
eanizatloa.
The decision Of the court which was delivered by
Justice Harlan. created considerable comment at
the Capitol. following, it does. denunciation
By the courr OF the employers liability law. In the
case Of the employers liability law. Senator Knox.
formerly Attorney General Of the United States i'm
rnediately work draft a lew which Will
stand the test OF the courts. and is possible that
similar action may follow with regard the law
pronounced unconstitutional to-day. although the
decision OF the court seems 20 oe so farreachine
that is able yet suggest me1hoo
whereby the ends Of the law could be attained ana
the objections Of court overcome
The that of William Aoair against the
United States. The court held that Adair. as mas
ter mechanic Of the Louisville & Nashville Rallroao
Company had a right discharge an enlpioSe pe
cause he a member CT labor oGganlziitloii
just it was the employees right to quit employ
nent because of his membership in such OF isniIi@'
ton Such course. .5he court said hlsh' pe uiI-
wise but. regarded as a matter ot TlSl''
there could be doubt Congress could not ui'uel
the Constitution authorize violation OF CONTRACTS
the guise or protecting interstate commerce
Justice Mckenna delivered dissenting OPINION,
in which he said the courts decision pioeeeG>
along narrow lines Justice Holmes also eApiesSe1
the opinion that the law was consn'uuoi'>.'- ne
thought the right make contracts hau ute"
stretched 10 the limit by the decision IN inns case
That Congress had a right 10 IesAsiate 50 a. ~
encourage labor organizations was another sus-
Fesfion ny Justice Holmes
The case came TO The Supreme Court on a wit
of error from the United States District Court for
the Eastern District OF Kentucky. Adalr was
--jed On The charge OF threatening to discharge a
locomotive engineer named Coppaee because he
mas member Of i LABOR union. The act OF lSsS'
which vas one OF the results of the great Chicago
strike was invoked for Coppage's protection, and
7be District Court fined adair Slt0- The consutu-
tonal:ty Of thu act attacked in the District
Court by the railroad attorneys, and when the de-
cisson was announced they promptly brought ths
case 10 The Supreme Court, with the result that
me decision Of the lower court reversed
IL his opinion Justice Harlan said:
While me rights OF liberty and property guaran-
teed ty The constitution 10 prson within the
jurisdiction the United States against depriTa-
I0n without due process of IAN are subject 10
such reasonabe restraint as IN common good or
thc general welfare require il is not within
1he functions OF eoFerlmeIle-ai least IN The 40,
sencs O -oiltIaet 49, II ~. ~.
any person IN the course oI ms business i aIld
s.. .E.,S - vi 10 ,,erfor,n persanal strvices for
s5other The right OF d person sell his labor
NOR such terms as he deems proper is in its
thor to pTe-cribe the conditons upon which he
r ACCEPT Scn sp%T rom m ox ro 70 nT Th ser
~ n the employer. for whatever reason. is the
r~asor T. disrense with thu services of such en-
jloye II MAS ti,e legal right Of the defendant /
aiaf- however UlWiSe such course might nave /
1ea See - ~ discharge Coppage becaps- of his being
eraI rigb, Of t.oppage 4 he SAN fit do how
ever unNise such c9ulst OF i3s i, M - ed
br-si1se the defendant employed those who wee /
particulars m" eIllpoy* .sd .1s hat dis
equality Of right and any .esiSlallon ma IS
-vf+l the ifferfv q contract which no government /
ear legally Justify in a free land
Justice Harlan also discussed the effects Of a
contract; saying:
ace and prescribe the conditions upon which tne /
crc' may p eFin'4tsG @ sch n f94yG1 hSSen ffe
IT, parry Trcrged vould have his appropriate 1 ciT
aeon. N fae atseIee. hoET"kef OF = Falld /
contract De1Ween 52e parties coR3fohs r4o6 ,3 nf
duct toward zach other and hking a a ptriUT 7or or /
any LEGAL Obligations against his NH 70 reIaln m tr
employ in hs personal seTHlct- any NOV Vii 10 70 ra
empnve can he compelled against NJ W III nc
- Ia ~, an tle-trset o ter than a general en-
-. 80 = ~, o siSe tn accent the services O. The
e1n1loye and a general agreement on the o'il@a ,
sde "a rer6a- services the eTnpIoy9r no I'm I'm
rae- congress coo1d moi coHsistc1 1tlF YIN ne
cine aaasrz rha Unftea STATES TO dscasargI n- th-
/
orFsriza-'o-
Discussing trr RELATIONSHIP of fhe law 70 ir1IeF-
estl corsrrprrr. Justice Harlan sad;
The pove- - regulate ilterstat" commerce X .
tne power . I-escl.b rules by which such corr
ucst ba governed. But maTilfeStiH. S4ct I
ru,zs n order he within the competence OF Con-
power 10 regulate commerce ai.ioIS
rAe real Fsr Su'staftla re /
is.cn Ia or rarueCtion with the comm" rec Fegu- f
ar6 F-- 1frzT possible legal or iDgic5l rGllii'--
fa- IS there between cIIi)ioL@ ln-11pef Sfii i
amor fz..-f0n and rhe carrying on % inter
Safe 01Tn1ll-Trr- such relation 20 E" i@ooI Vi-,
gsficr Ca~-Cr have Itself any bearing upon tee /
te-7rle-ca will which The eTuplcye IS connected hF
fs 'ah-- ers services Looking alone a. !
lie words cf statute g. the purpose q aScer-
tsr~x irs -rrue and effect and determining Us !
rafl-fv h0-f that here IS no such connection /
hf-Renr interstate commerce and m Tb@fSilp IN !
'aHor organ zzfis.. 20 authorize congress 10 (
ssh = crime @gsnSf ttIa tnifHa ot'tlNS ''i ft' /
seenT cC 90 carrier r. s"ffFg" an "lti-
rrrf because u sl,h membership on his part
Justice MARIAN carSiderej briefly ahe'h"r he /
~ had i.e r--afu i7 fFe apprehension "f congress
fE91 T. 61 SLOW enough consideration TO mem
of-s Il isho~ Examinations. but he closed tb@t
trz0~h = rhe discussion by SAYING that no ~o'H (
hot irig-r tr such conjecture cr make i 'iiS
eafis cf -l1e dsctsrn
j aroordsucr With fhese views the judgment 90 /
hH owe o0urr r4e -c7e-eoi and directions We're /
t'el n aside Tie judgment Il conviction soS-
rn tle 5errgr~e~ 20 -fs Indictment and dismiss /
f1e case