Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-12-11
PROTECTION! FROM
UNIONS GRANTED
Supreme Court Comedies En-
ployers' Right to Prevent Solic-
iting of Nonunion Men.
UNLAWFUL AND MALICIOUS
Court So Characterizes Urioaiz-
ing Attempts and Efforts
to Cause Strikes.
UNLAWFUL AND MALICIOUS
IBy Associated Press. |


cisions defining in general terms the
rights Of both organized labor and
the employer were rendered to-day b;'
the Supreme Court. While the right
ct workmen TO organize for lawful
purposes was rea1irincd. the court
held that employers legally may oper-
ate their plants as open shops" and
prevent conspirac!e5 to bring their
nonunion employees into labor orgahi-
cations.
The opinions were rendered in the
case OF the Hitchnran Coal and Coka
Company and the Eagle Glass Manu-
featuring Company, OF Yves: Virginia
the court deciding tha; both we're cu-
titled 20 operate their plants as open
shops" and uphoidnG injunct!ons is
sued BY Judge \. j. Dayton. restrain
ing union officials from attempting to
organize their employees. Lower cour,
DEGREES. holding that the United Mine
Workers of America and the american
Flint Glass Workers Union were illegal
organizations, and that under the Sher-
man law they were secret conspiracics
in restraint OF trade were ignored by
the Supreme Court opinion.
In the Hitchman case the majority
the miners union deliberately and
advisedly selected that method Of en-
larsing the union membership which
would inilict injury" upon the company
and its loyal employees. and declared
that the conduct in SO doing was un-
lawful and malicious" The court also
declared that "it Is erroneous 10 as
sumc that all measures which may be
rrc rgaI 20 ,,,
mine are lawful IL they are peace
able-that Is, IL they stop short OF
physical violence or coercion through,
fear OF it II added that the pur-
pose of the defendants to bring abou,
Il strike At the mine in order to com
pei plaintiff, through fear of fnancia,
loss. TO consent TO the union;zation OF
the mine as the lesser evil was ar
unlawful purpose"
BRANDEIS DISsENTS AND
uPHOLDS CLAIMS OF UNION
The court divided in the Hitchmar
case, six TO three, Justices Brandeis
Holmes and Clark dissenting. Nc
formal dissenting opinion was rem.
dered. except a brief statement made
by Justice Brandeis. who said he be.
lieved the union had 4 right 10 dc
the things TO which the other member:
of the court objected.
Contempt proceedings instituted last
month by the II:tchman Coal and Coke
Company against President Frank j.
Hayes. OF the miners union, and fifteen
other officials and members for alleged
violations of the injunctions are still
pending. and, according to the com
pany's counsel. will be pressed. The
court to-day granted the defends nts
sixty days in which TO present their
case.
To-day's opinion was characterized
in statement issued tonight by Pres
ident Samuel tiompers, of the American
Federation OF Labor as "far-reachinG
and unwarrantablc.' He said through,
it John Mitchell, former president, and
William b. Wilson, 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 country. in order To reach our goal
for better conception OF not only po-
litical but industrial democracy" viii
continue unabatcd.
The Supreme Court holds" the
majority opinion held in the Hitch
man case. that the plaintiff was
acting within its lawful rights In
employing its men upon the terms tina
they should not be members OF the
United Mine Workers; that. having
established this working agreement he.
tween it and its employees with the
free assent Of the latter. the plaintif
is entitled TO be protected in the Ell.
l.. ~
any other legal right; that the fac,
that the employment WAS terminabls
by either party at any tilno made nj
difference. since the right OF the en-.
ployees to strike or To leave the work
gave no right to defendants to instieate
n strike; that plaintiff was. and is. en-,
titled TO the good will OF its enployee.
precisely as d merchant is entitled tc
the good will Of his customers. al.
though they are under no Obligation
10 continue 10 deal with him: that In,
value of the relation lies in the rea
sonab1e probability that By properl,
treating it's employees and pa:.in, then
fair wages aud avoiding reasonabl,
grounds of complaint, piai will be
able to retain them in its employ, an.
to fill vacancies occurring from time
to time by the employment OF Other
men on the same terms; and that dc.
PENDANTS could not be permitted tc
interfere with these rights without
some just cause or excuse
by way Of Justification or excuse
defendants set UP the right Of work.
ingmen to form unions and 10 enlarge
their membership by inviting othe:
workinSmen to join. The opinion OF
the court freely comedies this right
provided the objects Of the union be
proper and legitimate. which Is as
sumed to be true. in a general sense
with respect to the United Mine Work.
ers Of America.
MUST EXERCISE RIGHT
WITH DUE REGARD ron OTHERS
But the court holds that it {:
erroneous to assume that this right is
so absolute that 1t may he exercised
under any circumstances and withou,
any qualification; that In truth, like
other rights that exist In civilized so.
Continued on Ninth Pase0