Arizona republican., 1917-12-11

temerity to claim that there was any violence or unlawful conduct on the part of the representatives of the union to organize the coal miners.
 The scale of wages paid the miners in many of the mines of West Nir- ginia is far below that prevailing in the entire competitive field, and the Hitchman company pays the lowest of them all and yet in it's petition the company said that the miners union aimed to have that company pay such scale of wages as said United Mine Workers of America arbitrarily fixed.
 At the time when the injunction was issued, John Mitchell was president and William B. Wilson, secretary treasurer of the United Mine Workers of America The former is now the food administrator of the state of New York The latter is a member of tine presidents cabinet, and these men with others of equal standing and character are stigmatized by the court as con- spiratOrs.
 President Wilson has justly de- clared that society has given it's sane tion that the eight-hour day is Justi- fled. It is to bring light and hope and patriotism into the life of the workers for which we are organized and are anu lut tOlltA of America, and we shall go on to reach our goal for q better concept of not only political but industrial democ racy."
 The vital rights of employers and employees came before the Supreme Court in two cases from West Vir ginia.
 Legality of organization and opera ti 1f Jn comprising 300.000 members was at tackled in the suit of the IIitchman Coal and Coall company of Wheeling, W. Va. It sought to permanently en- poin President John r. White, former President John Mitchell, former sec retary William B. Wilson, now Secre- tary of Labor, and other past and present union officers and members from unioniZing it's coal miners
 In the other suit. the Eagle Glass and Manufacturing company, of WellSburg, W. Va, asked permanent injunctions against President Thomas w Rowe and other officers and members of the American Flint Glass Workers Union from soliciting it's employees to join the union.
 Freedom of contract and labor unions rights peacably to picket" and persuade workmen to join unions when such worlfmen are under specific con- tract with their employers not to join, were the principal questions involved. In neither case was there 8 strike solely the question of union recogni- ton. Both cases were argued in March 1916. before the Supreme court, but it reached no decision and they were re- argued before full bench by special order of the following December.
 In both cases. Federal Judge Aston c. Dayton of West Virginia held the unions illegal organizations under the comnan law and West Virginia stat utes. Under the Sherman law, he da- clared them secret conspiracies in re- straint of trade, and issued broad in functions prohibiting any and all union solicitation, by "picketing'' peacable argument and persuasion or other wise. of the corporations woElmen.
 The Fourth Circuit Court of Appeals overruled Judge Dayton in both cases. It upheld legality of the unions organi- zation and activities, and dismissed the l injunctions and the companies suits. applicable. holding that c-,-- the gov ernment and not private individuals might secure injunctions under it. i Another ground upon which the cir cult court overruled Judge Dayton was for lack of jurisdiction. It held that union officers may not be brought into court by the service of summons mere l ly upon individual union members and l also held them not chargedble. without personal knowledge, with responsibility for their national officers acts. l Briefly, the employers contentious sustained by Judge Dayton and re- | jected by the circuit court were that employers and employees have contractr ual freedom guaranteed under the fifth clause of the constitution to mutually contract that the workmen shall not l join a union. Solicitation by union members among such w..,kmeD, the