Evening star. [volume] (Washington, D.C.) 1854-1972, 1917-12-11
COURT DEFINES LABOR
AND EMPLOYERS RIGHTS
Workmen May Organise and Con-
spiracies Against "0pen Shops
May Be Prevented.

The Supreme Court of the United
States has rendered a decision defining
in general terms the rights of labor
and of employers in the question OF
open shops" 1t is held that. while
workmen may organize. employers le-
galIy may operate their plants as open
shops and may prevent conspiracies
to bring their non-union employees into
labor organizations.
The decision was by . divided court,
Justices Holmes, Clark and Brandeis
dissenting. In q statement issued last
night the opinion was Characterized by
President Samuel Gompers OF the
American Federation Of Labor as FAR
reaching and unwarrantable." He said
through 1t John Mitchell. former presi-
dent, and william B. Wilson, former
OBSERVATION-DISCLOSURES OF the Miners IN
ternational Union, are stigmatized as
conspirators. Despite the opinion, ne
declared the work Of organizing the
workmen of the country In order TO
reach our goal for better conceps
of not only political but industrial
democracy will continue undated.
Cases at Point.
The opinions were rendered in the
cases of the Hitchman Coal and Coke
Company and the Eagle Glass Manu-
featuring Company Ct West virginia,
titled to operate their plants as open
shops" and upholding injunctions is
| sued by Judge A. J. Dayton, restraining
union officials from attempting TO or
DEGREES holding that the United Mine
Workers of America and the American
| Flint Glass Workers Union were tlle-
| gal organizations and that under tho
Sherman law they were secret CON
nored by the Supreme Court opinion.
In the Hitchman case the majority OF
| the court held that the officials OF the
miners union deliberately ana ADVISED
lly selected that method of charging
| the union membership which would In
| fict injury" upon the company and Its
| loyal employees. and declared that the
1 conduct in SO doing was unlawful ano
malicious" The court also declared that
| at is erroneous to assume that All
measures which may be resorted to In
the effort to unionize a mine are law
full IL they are peacable-that is. u
they stop short of physical violence OF
coercion through fear of It," 1t added
that 1.-THE purpose of the defendants to
bring about strike at the mine IN
order to compel plaintiff through rear
of financial loss to consent to the
unionization of the mine as the lesser
evil was an unlawful purpose"
| To Press Froceeolngb.
Attorneys for the Hitchman Coal and
Coke Company announced that the con-
/ tempt proceedings begun last month
against President Frank J. HAYES and
| fifteen other officials of the miners or
ganization for alleged violation of the
| injunctions will be pressed.
Justice Pitney, in the opinion. held
that the record did not show any vio-
lence upon the part of the union off,
Gals, and set aside an injunction
granted by Judge Dayton restraining
them from committing violence.
According to George r. e. Gilchrisi
of Wheeling, w. Va. attorney for the
company the contempt proceedings will
not be withdrawn, but effort will be
| made to show that there has been vio-
lence and intinidations, and motion
to have the Supreme Court also restrain
the labor officials from committing vio-
lence will be made.
| Attorneys for the miners have filed
with the court statement in which a
| general denial of the charges is made
| and the court gave the defendants sixty
| days in which to prepare their case.