The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-12-11
EMPLOYERS HAVE
LEGAL RIGHT TO
OPERATE PLANTS
AS open SHOPS
Supreme Court Also Rec
ognizes Legal Right of
Men to Organize
INTIMIDATION is 1.
HELD UNLAWFUL,
fRx Associatsd Press.l


Washington, Dec. 11.-pecisions
defining in general terms the rights
Of both organized labor ana the en-
ployer were rendered yesterday by
the supreme court. While the right
of worl1men to organize for lawful
purposes was reafirmed, the court
held that employers legally may OPP
crate their plants as open shops
and prevent conspiracies to bring
their non-uniOn employees into labor
Organizations.
The opinions were rendered in the
cases of the Hitchman Coal and Coke
company and the Eagle Glass Manu-
featuring company of West Virginia,
the court deciding that both were
entitled to operate their plants as
"open shops" and upholding inJunc-
tions issued by Judge A. g. Dayton
restraining union officials from at
tempting to organize their employees.
Lower court DEGREES holding that the
United Mine Workers OF America
and the American Flint Glass Work
ers' union. were illegal organizations.
they were secret conspiracles in re-
5NAeAAAAG VA AAe&4@a AGAA04~A ~ bA4%
supreme court opinion.
In the Hitchman case, the majority
Of the court held that the officials Of
the miners union, deliberately and
advisedly selected that method OF en-
larging the union membership which
would ihfiict injury" upon the COM
pany and its loyal employees and de-
clared that the conduct in so doing
was unlawful and malicious"
Unlawful Measures.
The court also declared that sit is
erroneous to assume that all mea-
sures which may. be resorted to in
the effort TO unfonize a mine. are
lawful IL they are peaceable, that IF
they stop short Of physical violence
or coercion through fear OF It." It
added that "the purpose of the de-
PENDANTS to bring about q strike at
the mine in order to compel plaintiff
through fear of financial loss to con-
sent to the unionization Of the mine
as the lesser evil was an unlawful
purpose"
The court divided in the Hitchman
case, 6 to 3, Justices Brandeis,
Holmes and Clark dissenting. No
formal dissenting opinion was rend-
cred, except a brief statement made
by Justice Brandeis, who said he be-
lieved the union had a right to do
the things to which the other mem-
bers of the court objected.
Contempt proceedings instituted
last month by the Hitchman Coal
and Coke company against Presi-
dent Frank j. Hayes OF the Liners
union and Is other officials and mem
bers for alleged violation Of the in
functions, are still pending, and ac-
cording to the company's counsel,
will be pressed. The court yesterday
granted the defendants 60 days in
which to present their case.
Yesterdays opinion was character
lied in a statement issued last night
by President Samuel GOmpers Of the
American Federation of Labor as
'far reaching and unwarTanted." He
said through Il John Mitchell. for
mer president and William b. VIII
son, former secretary treasurer OF
the Miners International union, are
stigmatized as conspirators. Despite
the opinion, he declared, the work Of
organizing the workmen Of the eoun-
try In order to reach our goal Tor
a better concept OF not only political,
but industrial democracy" viii COM
tinue unabated