Evening star., 1908-01-27
Restriction on Corporations
Pronounced Unconstitutional.
SUPREME COURTS RULING
Dissenting Opinions by Justices
McKenna and Holmes.
BLOW TO ORGANIZED LABOR
Case of William Adair, Fined for
Threatening to Discharge a Man
Because he Belonged to Union.

The United States Supreme Court today
handed down an important decision affect
ing union labor organizations. This de-
cision as the decision in the employers
liability act of a few weeks ago, is ad-
verse to union labor.
In brief. the court held today that cor
porations engaged in interstate commerce
cannot be restrained from discharging
employees because they are members of
labor unions nor from discriminating
against them for the same reason.
Section 10 of what is known as the
"arbitration act prohibits such dis
elimination. and is indeed the most i'm
portant section of that act of Congress
The court did not deal with the other
sections of the act. The case came up on
appeal, affecting the discharge of an en-
ploye of the Louisville and Nashville
Railroad Company by the master me-
Mr. Justice Harlan read the opinion OF
the majority of the court. He held in
summing up that there is no connection
between interstate carriers and labor or
ganizations as to make 1t a crime LOT ,ne
carrier to discharge an employe or refuse
to employ him on the ground That ne
belongs to a labor union.
Mr.. Justice Mckenna and Mr.. Justice
Holmes dissented.
Prosecution Of Adair.
The case came to the Supreme Court
on a writ of error from the United States
district court for the eastern district OF
Kentucky. William Adair Is the master
machanic of the Louisville and Nashville
Railroad Company, and he was proceeded
against on the charge of threatening to
discharge from the emrloy of the COM
pany a locomotive engineer named Cop
page because the latter was a member
of a labor union. The act of 1898. which
was one Of the results OF the great chi
cago strike, was invoked for COpDage's
protection. and the district court fined
Adair 800. The constitutionality of the
act was strenuously attacked in the dis
trict cout by the railroad attorneys. and
when the decision was announced they
promptly brought the case to the Stu
cision of the lower court was reversed
The Courts Ruling.
In his decision today Justice Harlan
held 1t was Adairs right to serve his en-
ployeT as best he could so long as it did
nothing forbidden by law as contrary to
the public welfare. He had the right
to discharge Coppage. said Justice Har
Ian, because he was member Of a labor
OrRanlZAIlON just dS II w as oOppdSc
right to quit such employment because
of his membership in such organization.
Such a course. he added. might be unwise,
but. regarded as a mere matter of right.
there could be no doubt. Congress
could not under the Constitution author
ize violation Of contracts under the
guise of protecting interstate commerce.
Dissenting Views.
Justice McKenna delivered dissent
ing opinion favorable to the law, IN which
he said the courts decision proceeds along
very narrow lines.
Justice Holmes also expressed the
opinion that the law should be construed
as constitutional He thought that the
right to make contracts had been stretch
ed to the limit by the courts decision in
this case That Congress had right
SO to legislate as to encourage labor or
ganizations was another suggestion of
Justice Holmes.