The Washington times., 1913-06-08
WEST VIRGINIA MINE INDICTMENTS.


ton of Sherman law prosecutions of labor organza-
tions will not be lessened by the action of West
Virginia Federal court, which has indicted the United
Mine Workers officials under the antitrust act 1t is
charged in the indictments that these officials
spired to unionze the West Virginia field and raise
wages that raising wages would necessarily raise the
price at which the coal would SELL that this coal sells
in competition with that of other fields, which fields
would be benefited by increasing the cost of the
West Virginia coal. 1t is even charged that the
United Mine Workers conspired with the operators
in the competing fields to bring about these results
Here is case that brings squarey into issue, II
would appear, the question whether labor unions are
to be treated as conspiraces in restraint of trade
The West Virginia situation is such that conceivably
the charges made by the grand jury might be true
The scale in West Virginia is lower than in the COM
peting fields of Pennsylvania Ohio, Illinois, etc.
Those other fields are unonized and the union scale
is paid West Virginia has fought off the union Gen.
statistics bear out the claim that coal is mined in
West Virginia considerably cheaper than in the other
regions named Moreover, it is charged by the union
people themselves that this cheaper production in
West Virginia does place at disadvantage the opera
tors who, in other territory, pay the union scale
In such circumstances, does the effort to unonize
West Virginia constitute conspiracy in restraint Of
the operators in competing fields conspring with
the union officials in this matter seems bit too fam
tastc for ordinary creduliy That part of the indct
ment is not very likely to stand. But even with it
stricken out there remains the charge that the union
officers are conspiring to impose conditions in West
Virginia that might restrain trade. What is to be
done with that charge?
If it is an illegal conspiracy for a number of
workingmen to associate themselves together to
better wages and conditions in West Virginia, then
any labor union anywhere that can be regarded as
affecting prices of that labors product is such con-
spiracy. To decide the West Virginia case against
the union would seemingly be to decide against all
unions whose program might affect the price of any
thing entering into interstate commerce.
This paper has pointed out heretofore that when
the Sherman act passed it was not presumed to
apply to labor organizations or to railroads. How
ever when the courts got hold of it they applied to
the railroads in the Northern Securities case and to
the labor unions in the Danbury hatters case. Pub
lie opinion has been divided to whether such ap
pcation desirable; especially as to whether the
act should be extended to reach organized labor The
right of capital to organize and to carry on production
and marketing through the instrumentalities which
organization makes possible is not questioned
Rather it is conceded in every corporation act of
factors in production capital and labor shall be
permitted to organize the other shall not be? Is it'll
possible that money shall be allowed to aggregate
itself together and increase its power by so doing
but that men shall not be permitted to do that?
The answer is obvious. 1t is impossible and Jun
thnkabe that the labor organizations shall now be-
adjudicated out of existence under law that was
never meant to apply to them. Labor unions have
promoted industrial peace. With their power has
gone more and more conservatism. Strikes on the
great railways practically unknown now, and
organization, by concentrating both power and re-
sponsibility has been largely responsible for this
fact The measure of stability, security, and gen.
orally desirable labor conditions in industries isl
pretty closely proportoned to the strength and etf
cheney of the labor organizations in those industries
There are exceptions, of course, but the rule is
pretty good one, none the less.
Labor unions, then, may be looked upon, in gen
eral as good and useful conspraCies in restraint OF
trade; good for their members and good for the en-
ployers; certainly good for the public, because they
promote stability.
Cooperative organizations of agricultural pro,
ducers to facilitate and cheaper marketing are like
wise good and useful.
Some at least, of the trusts can make very
convincing case in their favor like grounds: that
costs.
But the law, if precedents now attained were toI
be followed, would be applied to the good and the
bad alike, the useful and the harmful the laborer
the farmer, the capitalist Manifestly the law in that
shape is dangerous. 1t needs either revision or quail
fcation. The West Virginia case might very easily
the useful purpose of forcing full realization
of this fact upon the country.