The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-05-29
RIGHTS OF UNIONS
DEFINED BY COURT
United Mine Workers Held in
Federal Decision TO Be Law
full Organization.
MAY INVITE MINERS TO JOIN
Labor's Effort to Affiliate in
Unions Held to Be Essen
tial and Proper.
MAY INVITE MINERS TO JOIN

America is lawful organization. a,d
that 1t has a perfect eight 10 form n
combination 10 induce miners of West
Virginia TO become members To accurc
an high wages as possible by peace
abba and lawful methods, so long as
they refrain from rcaorting 10 uuIuw-
fu1 measures to effcctuate their pur-
poses.
Tho opinion, prepared by Judge
Tritchard. senior circuit judge, is CON
Cured In By Circuit Judges Knapp and
Woods. II IS elaborate and regarded
ts one of tho most important ever
handed down In this circuit.
The case was that Of John Mitchell.
individually. 81 al. appellants.
liitchman Coal and Coke Company. on
appeal from The District Court Of the
United States for the Northern bis
trict OF West Virginia. a. l'hilippi. IT
involved the question AS 10 whether or
not the United Mine Workers is an
illegal organization and the question
as to tho right OF that organization to
induce miners OF West Virginia TO be-
come members and thereby secure
higher wages. The lower court held
tho organization to he unlawful: a,
common law and also upon the around
that the defendants. and thosc asso-
ciatcd with them prior to The tirlc Of
ihc institution Of tn" suit. which was
IN October, 1907, had formed them
selves into conspiracy for tho pui
pose Of upioni1ing the plaintiff's mines
without It's consent. Violation Of tnc
Constitution. common and statutory
law Of West Virginia Was also charged,
EVIDENCE FAILS TO SHOW
UNLAwFUi. METHODS
In tho opinion Just handed down 1t
IS held that I'll" evidence in this case
failed TO show that amy unlawful meth
ods had been rcsortcd 10 rs tho dc
PENDANTS in this instance. and there
fore the court below erred in holdins
h.. py,tz Inn hn n,,la full
tho theory that IL Mas guilty OF q
conspiracy.
\ portion Of tho opinion. an un-
usually lengthy one. s rs follows:
This is an age OF cooperation
through organization. In fact. or
f-aniza,ion is the only means by which
united effort can be secured ia any
hranc.. OF human cndcavor. The doe
tors. dentists, school teachers, whole
sale and retail merchants. and. in fact.
every branch OF industry In this coun-
try. are organized for the purpose of
the mutua. protection OF thc rcspcc-
tive parties Interested. Such bciug the
case. II Is just AS essential, and per-
haps more important, that the labor
ia3 people organize for their advance
ineHt and protection than II ia for nny
cf the vocations SO have mentioned.
while labor and capital are vitally
interested IN til. proper solution or
these questions IL should be remcm-
terested and in some Instances affect
cd TO Il greater extent than either la
Dor or capital on account OF the dis
putcs and lawsuits growing ont ot
these matters. Therefore. IL may he
properly said that these questions I'm Vc
bcnring upon the welfare Of "a large
percentage Of our people. and this is
especially true .ts respects the coal in
dustry. For instance. the suspension,
OF the operation OF coal mining in this
country would In all probability re-
suit In coal famine. which would. III
Il large measure. embarrass the manu-
facturers. to say nothing OF the eff
feet II would have upon the individual
consumer. and all reasonable means
should bo employed TO avert such q
disaster. Therefore. wc deem 1t our
duty to define the rights OF III" par
ties to this controversy, In so far as
We may under the facts OF this ease. so
as to set ut rest rs many as possible
or tho vexatious questions that are a
source of irritation, as well as pro-
ductivo OF much litigation"
COURT nEFINES
RIGHTS OF ROTH PARTIES
In defining the rights OF the parties
In this controversy. the court held:
I'm the first place, II should be un-
dcrstood once and for all that so long
as capital employs legitimate means
for the protection OF property rights.
that Ii ia TO be accorded the protcc-
tioH OF the law; but this does not mean
that capital may, by improper methods.
form combinations for the purpose Of
preventing labor from organizing for
mutual protection. Likewise. IL should
bc definitely understood that the labor
ing men have the right 10 use peace
nblc and lawful methods To unite their
forces In order TO improve their con-
dition as respects their ability to earn
Il decent living. give their children
nd - g.
cure tho enactment of legislation re-
quring mine owners to adopt such
methods as may be necessary TO keep
their mines in sanitary condition..
and above all. to adopt methods 10
minimize, much as possible, the oc-
currcncc OF the awful catastropheS by
which so many human lives have been
lost. Tt should be understood that
when a controversy arises between la :
bor and capital that the use OF dyna-
mite or any other unlawful methods
on the part of the representatives of
labor. whereby property and human
lives are destroyed, is not to be toll
Grated by the courts"
THE relative rights of tho parties
are entitled to equal consideration;
and we feel sure that when such con-
trovcrsies arise that they will he dealt
with In the same spirit that actuates
the courts i'm adjusting the differences
between individuals. wherein aues-
tions arc involved affecting the ordi-
nary transactions of life.
SUGGESTS NEED FOR
STATE LEGISLATION
Until 1t is provided by state and
national Legislation that labor dis
putcs shall be settled by arbitration,
it will be the duty of the courts to
determine questions OF this charac-
ter. when a proper case is presented.
Under the law as 1t now exists. when
property or personal rights arc in
volved, tho courts alone can furnish
adequate relief. However,. while this
CONTINUED on Ninth Page.)