Evening journal., 1917-12-11
O. EN- SHOP UPHELD
BY SUPREME (OlRT
Employers Right TO Stop
Recruiting Stat,d in
Tn ted Miners Case
ANTI-LIQUOR
RULING GIVEN

WASHINGTON, Dec ii.-The Supreme
Court while upholding in two cases
yesterday the right Of workmen to or
ganize in a lawful manner FOR protec-
ton and Advancement Of their interests.
upheld also the right Of employers TO
conduct open shops and to enloin
union offlcials from solicitation OF re-
cruiis 10 the union.
The court recognized the right Of EN-
pioyers 70 obtain court iniunctlons
against union oflcials seeking 20 enlist
their workers to promate strikes The
cases yesterday dealt directly with the
miners and glassworkers, nut the appll-
cation OF the decision extends to the
whole structure Of the relationship be-
tween workers and employers.
The cases were those OF the Hickman
Coal ard Coke Company, Of West Nir-
Einja. against John Mitchell. ind vidually
and other oflcsfs Of the United Nine
Workers Of America and the Eagle Glass
Manufacturing Company vs.. Thomas
w. Rowe, individually and as president
of the American Flint Glass Workers
Onion. Justice Pitney read the decision
Of the court In each case and Justices
Brandeis, Clarke snd Holmes dissented
10 both
The supreme Court delivered a blow
10 the personal rights" argument adj
vanced by opponents TO prohibition leg
lslation. Il held that the Federal Con
Etitution does not give man the right
to have whisky in his possession where
he state law prohibits Il In another
case the court upheld the law Of North
Carolina, which provides that railroads
Ihall keep detailed records Of the con-
ugnee and the amount VI liquor shipped
to him, open for public inspection, 10
order TO give publicity to persons re-
ceiving such shipments. The state law
n not prohibit Importation Of alco-
: 10 liquors
The seaboard Air Line tested the
bllclty law" and the State and SUI
me Courts upheld II.
Pennsylvania law Imposing a tax on
o volume OF business transacted by
wholesale mercantile houses cannot ap-
ply TO foreign trade. the Supreme Court
held IN the case OF the Crew-LeVlcA
Company, OF Philadelphia, against the
state OF Pennsylvania.
Under the tax law Of May 2, 1899
an annual license fee OF 50 is required
OF all wholesale dealers In addition TO
"one-half mill in addition on each dollar
OF the whole volume gross OF business
transacted annually" The Crew-Levick
Company objected TO payment OF this
tax on si30O0O OF foreign trade busi-
ness, but the Court Of Common Pleas
and the Supreme Court Of Pennsylvania
overruled It's claim. The decision Of the
Supreme Court OF the United States yes
serday reverses the lower courts.
"The tax bears no semblance 10
property tax" said Justice Pitney II
reading the decision, "or a franchise ta'
IN the proper sense: nor Is 10 an ocou'
patton tax except as Il is imposed upon
Lhe very carrying on Of business Of ex-
porting merchandise. II operates TO lay
4 direct tax burden upon every trans
action In commerce by Withdrawal for
use OF the State a part OF every dollar
received IN such transactians. That II
applies 10 Interstate as well as foreign
commerce cannot save it.
In the test OF the 'bone-dry" law OF
Idaho. Edward Crane, a citizen, was ar
rested by the sheriff Of Lotan county
for having a bottle Of whisky In his
DO session, in violation Of the State law.
Crane contended his arrest was Illegal
under the personal rights provisions OF
the Fourteenth Amendment 10 the Con-
stitution.
sPersonaI Rights" as Not Right.
Justice McReynolds read the decision
He said:
1T must now be regarded as settled
that on account Of the well-known
noxous qualities and the extraordinary