Bisbee daily review., 1917-12-11
OPEN SHOP"
IS DECLARED
THE RIGHT Of
T EMPLOYERS
Supreme Court Declares That
Operators May Prevent t
Conspiracies to Bring Nom
Union Men Into Unions.
(By Review Leased Wire)


wv sions defining in general terms
" the rights OF both organized
labor and the employer were an
nounced by the supreme court today.
While the right of workmen to organ
ize for lawful purposes was reaffirm-
ed, the court held that employers le-
gally may operate their plants as
open plants" and prevent conspira
cies TO bring their non-union employees
into labor organizations.
The opinions were made in the
cases of the Hitchman Goa, and Coke
company and the Eagle Glass Manu-
featuring company of West Virginia,
the court deciding that both were en-
titled to operate their plants as open
Shops" and upholding injunct.ons is
sued by Judge A. G. Dayton restrain
ing union officials from attempting to
orgar:ze their employees. Lower court
decr,rs holding that the United Mine
Workers of America, and the Ameri
can Flint Glass Workers union were
Illegal organizations and that under
the Sherman law they were secret con-
sriracies in restrain of trade, were
ignored by the supreme cou-: opin-
ion
In Hitchman Case.
In the Hitchman case the mojority
of the court held that the officials of
the miners union deliberately and
sdyisedly selected that method of en-
larging the union membership which
would inflict injury" upon the COM
pany and its loyal emploes and de-
clara1 rhaf "a conducf - Joipu
was unlawful and malicious" The
court also declared that "it is erron-
eous TO assume that all measures
which may be resorted to in the effort
to unionize mine are lawful if they
are peaceable-that is if they stop
short of physical violence or coer-
cion through fear of it,
Coercion Unlawful.
1t added that "the purpose of the
defendants TO bring about a strike at
the mine in order TO compel plaintiff,
through fear of minancial loss, to con-
sent to the unionization of the mine as
the lesser evil was an unlawful pur-
pose"
Three Dissent
The court divided in the Hitchman
case. six to three, Justices Brandeis,
Holmes and Clark dissenting No
formal dissenting opinion was an
nouhced, except a brief statement
made by-Justice Brandeis who said he
believed the union had right to do
the things to which the other men,
bers of the court objected.
Contempt proceedings Instituted last
month by the Hitchman Coal and
Coke company against President
Frank J. Hayes of the miners union
and IS other officials and members
for alleged violations of the injunc-
ton, are pending and, according TO
the company's counsel, will be press
ed. The court today granted the de-
PENDANTS 60 days in which to present
their case.
Gompers Criticizes Decision.
Today's opinion was characterized
in statement issued tonight by Pres
ident Samuel Gompers of the Ameri- |
can Federation of Labor. as "far |
reaching and unwarrantable." He
said through John Mitchell. former
president, and William B. Wilson, for
mer 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 concept
OF not only political. but Industrial
democracy" will continue unabated.
Defends Union.
ITO hold that the United Mines
Workers OF America is an unlawful
organization or that il is a conspiracy
is to bark back to the dogs when EN-
ployers were monarchs Of all they sur
veyed and their employees were serv.
ants or slaves" Mr. Gompers' state
ment said The miners union und-
ertook by perfectly lawful methods
and means to reach the unorganized
and underpaid miners of West Virgin
ia, so that they might De treated as
men and as citizens with responsible
ty of maintaining families upon an
American standard.
ain its petition the Hitchman Coal
and Coke company did not have the
right to claim that there was any viol-
ence or unlawful conduct on the part
of. the representatives of the union to
organize the coal miners.
Claims Wage is Low.
"The scale of wages paid the miners
in many of the mines of West Virgin
ia is far below that prevailing in the
entire competitive field, and the