New Britain herald., 1916-11-13

problems and had a right to work out
| their own salvation in accord with
! their own ideals.'
Antitrust and Injunction Laws.
Reviewing antitrust and injunction
regulation the report says:
1.-THE enactment of the labor provi-
! sions Of the Clayton antitrust act has
| forced employers who wish to use
antitrust Legislation and the injunc-
I tive process to assist them in defeat
! ing the efforts of employees to secure
| higher wages and better conditions
! of work, to transfer their efforts from
federal to state courts. The result
makes increasingly important the nee
esSlty for the enactment Of state laws
to prevent the abuse Of judicial agen-
! cies and the perversion of legislation
to exclusive service in behalf Of en-
plOyers. The uses to which Writs of
Injunction and antitrust legislation
have been put have made them virtu-
ally strike breaking institutions and
union destroying agencies. Such a
condition is subversive to proper re-
spect for our governmental institu-
lions and to the republic ITSELF
Such a condition the report says
resulted in the framing of a model
antitrust and injunction limitation
bill, presented to the San Francisco
federation convention and urged by it
upon central organizations and the
rank and file to be insisted upon as
proper laws.
Decisions Of courts favorable and
unfavorable to the contentious of Ia
Dor are reviewed, some emphasis be-
ing laid upon a decision Of the SUI
preme court Of Massachusetts holding
unconstitutional a state law which
was taken by the federation as it's
first model in the endeavor to protect
wage learners from the perverted ap-
plication of antitrust legislation and
from the abuse of the writ of injunc-
tion.'
The decision, the report says, is
based on the theory that "labor is
property" which it asserts is a dog
matte ruling and based upon past de-
cisions Of judges. The court is charged
with not making proper investigation
in deciding such a case and its meth
DDS are characterized as "unscholar-
ly, unscientific, and out of harmony
with the purposes Of real justice.
The report says the executive council
will consider the case to determine
whether further steps may be taken.
In connection with decisions affect
ing labor by federal courts the re-
port refers to the noted Danbury Hat
ters' case.
1.-THE great wrong that was done In
the Danbury Hatters' case it says,
may be eradicated after long years.
The aged, infirm Danbury Hatters
have been ordered to pay the Shylock
award claimed by the Anti-boycott as
ISOLATION. The shadow TO the Hatters'
case which for years hung like a
threatening pail over the labor move
ment has power to menace.
THE decision of the United States
| supreme court in 1912 established a
precedent which judges are trying to
make law, although the highest law
making body of the country-the
agency to which the nation delegated
that function-has enacted legisla-
ton to remedy the great wrongs done
by that decision. Justice, hampered
by the judiciary, works slowly and in
| devious ways
The report says a decision by the
United States circuit court of appeals
inrthe case of A. S. Dowd against the
United Mine Workers of America be-
gun six weeks before the Clayton law
was enacted and involving operation
of Arkansas coal miners, "seeks to
rivet upon wage earners the prece-
| dent of the Hatters' case "and to car
nv that Interpretation to even greater
lengths Of injustice"
The report says the court laid down
the principle that an unincorporated
body could be sued for three-fold
damages alleged to have been caused
by striking miners and that a strike
| may be an interference with inter-
state commerce, and all members of
the union whether in the strike or
not, become liable for damages.
1.-The decision is an example of CO.
iossal injustice" continues the report,
IF that decision is allowed to be-
come part Of the law of this country
1t will result in the destruction Of
| unionism.
1.-THE United States court of ap-
peals for the eighth circuit has en-
deavored to elude the purposes Of the
Clayton antitrust act and to dis
credit it. The decision of the court
is in conflict with the laws Of the
land, is at variance with the ethical
concepts and standards of the citizens
and with the facts Of life and work.
1t is a dangerous condition in our
republic when judges who exercise
| discretionary and almost wholly IT.
| responsible power can suspend the
| laws Of the land and rule contrary
to the wishes and judgment of citi-
| zens.
This one thing must be settled
soon: Will Judges read and learn the
primer of human liberty Or will they
devote their ability and mentality to
the service of winning cases for men