The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-04
Labor Unions in the Antitrust Bt1l.

Labor Unions III the \ntt.Irust I'LL.
The state of civil war, with all Its
horrors, that has arisen in Colorado
through the efforts Of n small number
Of miners, members Of labor union,
to compel their employers to hire only
union labor directs renewed attention
In q very impressive manner to the
clauses of the revised antitrust bill
now pending In Congress. This meas
ure represents the extreme to which
the present Administration has gone In
ITS dickering for the support and favor
II the labor union members. Ever
since President WILSON has assumed
been brought to bear upon him and
members Of his party to procure the
enactment of laws having for their OBJ
ject, substantially, compulsory union
fixing Of labor and the erection OF the
CLOSED shop In every branch OF the
c0untry's business.
The Administration has not wholly
succumbed to this. but with every en-
deavor to be charitable, we are bound
to say that 1t has gone great way
toward yielding. Last summer the
representatives of the labor unions
were able to get Congress to insert =
clause In the deficiency appropriation
bill providing that none Of the 5000
900 appropriated for the Department
Of Justice should be- spent in any prose-
f.,~
labor unions under the Sherman law.
President WILSON signed the bill. reluc-
family. Us he said, and only because the
Department Of Justice had other funds
on hand by means Of which 1t could
conduct prosecution Of farmers apd
labor unions IL il desired tn do so.
Nevertheless the department of Justice
has never instituted any such prose-
OutiOn. although abundant grounds
have been offered for action In num-
berless instances; and 1t is clear that
the Department was not oycrSupplied
with funds for any purpose, as other
wise II would not have made applica
ton 10 Congress for n deficiency appro-
priatiVu. Now. in the revised anti
trust bill the general effort Of the kind
even greater force.
In view Of recent developments Ii Is
worth while to examine with some
cl0eeness the clauses Of the bill that
bear upon this matter. The first Of
these clauses is contained In Section q
and reads as follows:
"That nothing contained in the anti
trust laws shall be construed to forbid
the existence and operation of fraternal.
labor. consumers. agricultural or horticul-
tural organizations orders or associations
operating under the lodge system, insti-
tuted for the purposes OF mutual help
and not having capital stock or conducted
for profit, OF to forbid or restrain indi-
vtdual members of such orders or asso-
Citations from carrying out the legitimate
objects Of such associations"
1t has been pointed out by many Oh
servers that the inclusion Of farmers
organizations In this section OF the bill
was evidently with the diplomatic pur-
pose Of obtaining the support Of the
farmers for the bill, and not because
Of any love for farmers entertained by
the labor union membership itself; and
II r., Of course. plain that conspiracies
Of q grave sort against the general
welfare may take place in or between
farmers organizations for the purpose
Of monopolizing the supply Of food
stuffs and forcing the general cost Of
living to higher level. An effort Of
this kind ought tn be placed under the
ban of the antitrust law II anything
should be.
As regards the labor unions. the new
statute Is drawn with an attempt at
great artfulncss. As will be seen from
reading closely the words of the pro-
posed statute. the grant Of immunity
that has seemingly been given only ex-
tends To the "legitlmatc objects" OF the
associations described, This makes
the statute mere rerblage and sur
l,lusagc 81 far as the old Sherman
law IL concerned. Labor unions are
already recognized under the law and
they cannot he interferrd with under
the present system a. long az they con
hne themselves to legitimate PURPOSES
and practices. The change in the Jaw,
therefore, neither grants any new favor
nor cnrlails any favor previously
granted. There Il. however, an indirect
Implication of n more emphatic rccog-
milton Of labor unions which may well
have influence with the courts la any
proceeding brought under the sherman
law. The important part Of the new
bill In this regard Is contained In Sec
ZION II. which declares that
mo restraining order or Injunction
snail prohibit any person or persons from