The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-01-09
WOULD SEEK To
KEEP NENFRON
UNIONIZING
COURT WILL HAVE TO
MAKE DECISION IN TWO IN
PoRTANT CASES INVOLVING LA.
BoR UNIONS.

the supreme court in two cases from
West Virginia.
Legality of organization and opera,
tions of the United Mine Workers, |
comprising 100000 members, was at
tackled in the suit of the Hitchman !
Coal a Coke company, of Wheeling, |
w Va. 1t sought to permanently en-.
join President John u. White. former |
President John Mitchell, former secre- |
tary William b. Wilson, now secretary
of labor and other past and present
union officers and members from m
ionzing its coal miners.
In another suit, the Eagle Glass &
Manufacturing company Of Welsburg,
w. Va, asked permanent injunctions
against President Thomas w. Rowe
and other officers and members of
the American Flint Glass Workers
Union from soliciting its employees to
join the union
/ Freedom of contract and labor un-
/ ions rights peaceably to picket" and
persuade workmen to Join unions
when such workmen are under spc-
cifc contract with their employers not
to join, were the principal questions
/ involved. In neither case was there
a strike-solely the question of union
recognition, Both cases were argued
in March, 1916 before the supreme
court, but it reached no decision and
they were rebrgued before full
bench by special order the follow.
ing December.
In both cases, Federal Judge Aston
G. Dayton of West Virginia held the
unions Illegal organizations under the
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 all union
solicitation by "picketinG" peaceable
argument and persuasion or other.
wise, of the corporations workmen
The fourth circuit court of appeals
,oyerruled Judge Dayton in both cases.
1t upheld legality OF the unions or
ganization and activities and dismiss
ed the injunctions and the companies
suits. II also declared the Sherman
law inapplicable, holding that only
the government and not private in
dividuals might secure injunctions un-
der IT,
Another ground upon which the cir.
Icuit court overruled Judge Dayton
was for lack Of jurisdiction II held
that union officers may not be brought
into court by the service of summons
mersly upon individual union mem
bers and also held them not charge
able, without personal knowledge.
with responsibility for their national
officers acts.
Briefly the employers contentious
sustained by Judge Dayton and re
. iected by the circuit court. were that
employers and employees have contrac
tual freedom guaranteed under the
b fifth clause of the constitution Ia
mutually contract that the workmon
shall not join a union. Solicitation
d by union members among such work
men, the companies insisted. should be
enjoined as violative Of the liberty OF
contract. The plaintiffs also contend
d ed. in that respect, that labor had
been decided by the supreme court
to be property, notwithstanding the
Clayton act declaration that II Is not
to be so considered
The principal charges against the
Mine Workers were that their union
! is secret conspiracy TO dominate
, and control coal mining in this coun.
try. Union expenditures Of $SOOO,OOO
} in ten years in strikes to that end
were alleged. Working agreements
between the union and coal operators
of Ohio, Indiana, Illinois. and western
Pennsylvania were referred to. In.
cludng the Chicago agreement OF 1898
providing an eighthour day in the
Conference" mines.
In the glass workers case. agree.
ments between the unions and the
National Association Of Pressed and
Blown Glassware Manufacturers we're
set forth as alleged evidence Of con
spiracy to restrain trade.
That Judge Dayton erred IN con.
cluding that either union IS illegal
under the common law, West Virginia
or the Sherman laws was held by the
circuit court. II stated that changed
conditions" OF modern times. II moth.
ing more, made labor unions legal or.
CARNATIONS when formed for legal
purposes, being voluntary associations
TO advance the interests Of workers.
The seventeen defendants named In
the United Mine Workers suit began
In 1907, were: Former President John
Mitchell, Indianapolis: former Vice.