New-York tribune., 1917-12-11
Attempt of Miners Union
TO Organize Workers
Called Unlawful
Cites Conduct in
The Hitchman Case
Gompers Declares Decision
Is "Farreaching and
Unwarranted"

WASHINGTON, pcc. 10. Decisions
defining in general terms the rights Of
both organized labor and the employer
were rendered to-day by the Supreme
Court While the right Of workmen 20
organize for lawful purposes was 'e-
affirmed. the court held that employers
legally may operate their plants as
open shops and prevent conspiraeies 70
bring their non-union employees in,o
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 cr-
titled to operate their plants IS open
shops. and upholding injunctions, is
sued by Judge A. G. Dayton, restrain
ing union officials from attempting 90
organize their employees.
Lower court decrccs holding that the
United Mine Workers Of America and
the American Flint Glass Workers
Union were illegal organizations, and
that under the sherman law they were
secret conspiracies fin restraint Of
trade. were ignored by the supreme
Courts opinion.
Call Conduct Malicious
In the Hitchman case the majority o.
the court held that the officials Of the
miners union deliberately and adj
,-iso5lv selected that method Of enlarg-
inc TIE union membership which would
iufict injury" upon the company %ho
ITS loyal employees, and declared tn"i
,rc conduct IN sg~Colng was unlaWI U.
and malicious" The court also de-
clared that at is erroneous 10 assume
.ba. an measures which may be re-
sorted TO in the effort TO unionile
nine are lawful if they are peaceaole-
tL~t IL if they etop short OF physical
violence or coercion through le"t o.
T.. added that 1.-THE purpose OF the dc
fondants to bring about strike at we
r,ine. in order 10 compel plalntin
.brough fear of fnancia! loss to the
g~ionization Of the mine as the lesser
cyiI was an unlawful purpose.
The court divided IN the hitcnnah
case q 10 9. Justices Brandeis, holnes
and Clark dissenting. no Iormai as
.e0tiug opinion was rendered, except
briof statement made by Justice Bran
dies who said he believed the union hau
right 10 DO the things 10 Wnlch lhe
c.bcr members of the court objected.
Ga-+or,rt proceedings instituted last
,,onth nv the Hitchman Coal and Coke
Comnanv against President Frank ..
Uavfs of the miners union and niteen
other officials and members for alleged
violation Of the iniUnctions, are sun
neudin,- and according 20 the COM
nanv's counsel will be pressed. The
court to-day granted the defendants
sixty days in which 10 present their
Criticism From Gompers
samuel Gompers, president Of the
American Federation Of Labor, IN
statement tonight, characterized the
decision upheld as "iarreachllg ana
uuwarrantable." lie said:
ITO hold that the United Nine Work
ers Of America is an unlawful Organl-
cation or that it is a conspiracy Is TO
hark back 10 the days when employers
were mOnarchs of all they surveyed
and their employees were servants or
slaves. The miners union undertook
bv perfectly lawful methods and means
20 reach the unorganized and under
paid miners Of West Virginia, so that
they might he treated as men and as
citizens with responsibility Of main
tanning families upon an American
standard.
AT the time when the injunction was
issued John Mitchell was president
and William y. Wilson secretary-treas-
urer Of the United Mine Workers Of
America. The former is now the Food
Administrator Of the State Of New
York, the latter is member Of the
Presidents Cabinet, and these men
with others of equal standing and
character are stigmatized by the court
.as conspirators.
President Wilson has justly de-
clared that society has given its sane
tion that the oight-hour work day is jus
tihed. II is to bring light and hope and
patriotism into the life of the workers
for which we are organized and arc
organizing and federating the toilers
or America, and we shall 20 on to
reach our goal for a better concept Of
not only political but industrial demo
cracy."