The Hawaiian gazette., 1917-12-11
DOCTRINE OF OPEN
. SHOP is UPHELD IN
. HIGHEST TRIBUNAL
Employers Have Right Of Con-
ducting Own Business Ac-
Cording To Their Own Ideas
DECISION DISAPPRoVED
BY ORGANIZED LABOR
Rights Of the Employed To Or
ganize For Own Protection
. Again Stated BY Court


WASHINGTON. December 11--(As-
sociotcd Press Defining in general
terms the rights of both organized
labor and Of the employer q decision
of far reaching imr artnBee was hand
ed down by the United States Su,
preme Court yesterday. Since, while
recognizing the right Of labor TO or
ganize ii also recognizes the right Of
the employer to maintain an "Open
shop" il will be found objectionable
by the organized labor interests of
the country. t,...E
The decision of the highest court
clearly md distinctly reaffirmed the
rights of labor to organize for its own
protection but holds that equal rights
remain with the employer who may
operate his business either as union
or an open shop, and may take all
cumvent any aud all couspiracies to
bring their non-unioR employees into
the ranks of organized labor.
Gompers Says ''Unwarranted'',
Commenting on the decision last
night, Samuel Gompers, head of the
federation Of labor expressed the opin-
ion that the decision was not only far
reaching but was not Warranted by
the evidence before the court. "De.
spite this decision, I" he said, ''we
shall continue organizing the work,
men of the country in order that Wa
may reach our goal in order that the
country may reach q better conception
not only of politicai but Of industrial
democracy as well. . f,
Rose In West Virginia y laz -. <,
Legality Of organization and opera,
tions Of the United Mine Workers
comprising 100000 members, was Mt,
tackled in suit of the Hitchman Coal
& Coke Co.. of Wheeling. West Vir,
giuia, ( 1t sought TO permanently en-
Join PRESIDENT John p. White, former
President John Mitchell former see.
retsry William b. Wilson. now secre.
taTy Of labor, and other past and pres.
ont uHinn officers aud members from
uniHnizing its coal miners. -.
In pnOther suit. the Eagle Glass &
Manufacturing Co., Of Wellsburg
West Virginia, asked permanent in
functions against President Thomas
w. Rowe and other officers aud mem
bers of the American Flint Glas,
Workers Union from soliciting its EN-
ployrs to join the union ...
Freedom of contract and Labor
unions rights peaceably to "picket'
and persuade wOrkmen TO Join unions
when such workmen are under specific
contract with their employers not Il
join, were the principal questions in
vOlved. In neither case was there {
strike-solely the question of unior
recognition. Both cases were argued
iu March, 1916. before the supreme
court, but it reached no decision ant
they were reargued before full
bench by special order of the follow
ing December.
Unions Called Conspiracies
In both cases, Federal Judge Alstor
G. Dayton of West Virginia held til,
unions Illegal organizations under tn,
common law and West Virginia stat
utes. Under the Sherman Law, he de
clared them secret cOnspiracies in re
straint of trade, and~issued broad in
functions prohibiting any and al
union solicitation, by "pieketing
peaceabie argument and persuasion o
otherwise, of the corporations work
men. p
The fourth circuit court of appeal
Overruled Judge Dayton In botl
cases. 1t unheld legality of tn
uniUns' organization and activities
and dismissed the iniunctions and tn
| companies suits. 1t also declared tn
sherman Law inapplicable, holdinl
that only the government and not pri
vnte individuals might secure injunC
tions under it. '.g - y ~ p tti-
Another ground upon which the eli
cult court over-ruled Judge Dayto
was for lack of jurisdiction. II he'll
that union officers may not he brough
into court by the service Of summon
merely upon individual union member
and also. held them not chargeabl,
without personal knowledge, with re
sponsibility for their national officers
| acts. ,sl .i.
Constitutional Rights ~.
Briefly, the employers contention,
sustained by Judge Dayton and r,
iected by the circuit court, were tina
employers and employees have contract
ual freedom guaranteed under tb
fifth clause Of the constitution to mt
tually contract that the workme
shall not join union. Solicitation
by union members among such worl
men, the companies insisted, should b
onjOined as violative of the liberty O
contract. The plaintiffs also contend
ed, in that respect, that labor hu
beeu decided by the supreme court I
be property, Notwithstanding tn
Clayton act declaration that it is. nc
TO be so considered
The principal charges against tb
mine workers were that their union
a secret conspiracy TO dominate an
control coal mining in this countr,