The Barre daily times. (Barre, Vt.) 1897-1959, 1917-12-11
LABOR UNIONS
MUSTN'T SOLICIT
Let the NOn-Union Workers
Alone, Says the SUI
preme Court
THIS IN TWO WEST
VIRGINIA CASES
Union Conduct Found to Be
Unlawful and Ma
licious

Washington, Dec. ll.--Right of EN-
ployers to prevent labor unions from
soliciting non-union employees to join the
labor organizations was upheld yester-
day by the supreme court by divided
vote of to 3, in test cases against the
| United Mine Workers of America and
the American Flint Glass Workers I'M
ion.
Methods of the labor organization in
attempting to unionize the open shop
workmen and bring about strikes were
declared unlawful" and malicious"
Irjunctions, previously given by Federal
Judge Dayton in West Virginia to pre-
vent the union activities were sustained
The court admitted the right of work.
men to organize into unions for lawful
methods, but held that the employers
the Hitchman Coal & Coke company of
West Virginia-were entitled entirely to
operate their plants open shop" and pro-
lection and injunction against the labor
union were ordered for that purpose.
by way of justification or excuse, de-
PENDANTS set up the right of workingmen
to form unions and enlarge their mem
berships by inviting other workingmen
to join. The opinion of the court freely
conceded this right, provided the objects
of the union be proper and legitimate,
which is assumed to be true in a general
sense. with respect to the United Mine
Workers of America.
But the court holds that it is errone-
Gus to assume that this right is so alb
solute that it may be exercised under
any circumstances and without any
qualitcato that in truth like other
rights that exist in civilized society, it
must always be exercised with reason
able regard for the conflicting rights of
Others, according to the fundamental
maxim, SO use your own property as
not to injure the rights of another
Hence, assuming that the defendants
were exercising the right to invite men
to join their union, nevertheless since
they had notice that plaintiffs mine was
non union, that none of the men had
right to remain at work there after join
ing the union and that the observance
of this agreement was of much impor-
lance and value both to plaintiff and to
its men who had voluntarily made the
agreement and desired to continue work
ing under it, the defendants were under
a duty TO exercise care to refrain from
injuring plaintiff, yet they
deliberately and advisedly selected that
method of charging the union member
ship which would infict injury upon
plaintiff and its loyal employees by per !
suading man after man to Join the union |
and, having done so, to remain at work, |
keeping the employer in ignorance of
their number and identity until so many |
should have joined that by stopping work |
in body they could eoerce the employer
and the remaining miners to organize the !
mine and that the conduct of defend :
ants in so doing was unlawful and mali |
cious."
Justices Brandeis. Holmes and Clarke
dissented.
"'Fhe supreme court holds" the ma
iority opinion held, that the plaintiff |
was acting within its lawful rights in
employing its men upon the terms that |
they should not be members of the Unit
ed Mine Workers; that, having estab-
lished this working agreement between
il and its employees with the free assent /
Of the latter, the plaintiff is entitled to
be protected in the enjoyment of the re-
sulting status as in any other legal
right; that the fact that the employment
was terminable by either party at any
time made no difference, since the right !
Of the employees to strike or to leave the
work gave no right to defendants to in
'tigate strike; that plaintiff was and
S entitled to the good will of its EN-
1loyes precisely as a merchant is entitled
% the good will of his customers, al
hough they are under no obligation to
leal with him; that the value of the re-
alton lies in the reasonable probability
hat by properly treating its employees
ind paying them fair wages, and avoid
ng reasonable grounds of complaint.
plaintiff will be able to retain them in
is employ. and to fill vacancies occurring
rom time to time by the employment of
,ther men on the same terms. and that
defendants could not be permitted to in
erfere with these rights without some
ust cause or excuse"